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Public Act 093-1041 |
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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 | ||||
Genetic Counselor Licensing Act. | ||||
Section 5. Declaration of public policy. The mapping of | ||||
the human genome continues to result in the rapid expansion of | ||||
genetic knowledge and a proliferation of testing for genetic | ||||
conditions. This has created a need for qualified genetics | ||||
professionals, including genetic counselors, to coordinate an | ||||
assessment, to deliver accurate information to families, to | ||||
assist the families in adjusting to the implications of their | ||||
diagnoses, and to help ensure that genetic information is used | ||||
appropriately in the delivery of medical care. Therefore, the | ||||
practice of genetic counseling is declared to affect the public | ||||
health, safety, and welfare and to be subject to regulation in | ||||
the public interest. The purpose of the Act is to protect and | ||||
benefit the public by setting standards of qualifications, | ||||
education, training, and experience for those who seek to | ||||
obtain a license and hold the title of genetic counselor, to | ||||
promote high standards of professional performance for those | ||||
licensed to practice genetic counseling in the State of | ||||
Illinois, and to protect the public from unprofessional conduct | ||||
by persons licensed to practice genetic counseling. | ||||
Section 10. Definitions. As used in this Act: | ||||
"ABGC" means the American Board of Genetic Counseling. | ||||
"ABMG" means the American Board of Medical Genetics. | ||||
"Active candidate status" is awarded to applicants who have | ||||
received approval from the ABGC or ABMG to sit for their | ||||
respective certification examinations.
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"Department" means the Department of Professional |
Regulation. | ||
"Director" means the Director of Professional Regulation. | ||
"Genetic anomaly" means a variation in an individual's DNA | ||
that has been shown to confer a genetically influenced disease | ||
or predisposition to a genetically influenced disease or makes | ||
a person a carrier of such variation. A "carrier" of a genetic | ||
anomaly means a person who may or may not have a predisposition | ||
or risk of incurring a genetically influenced condition and who | ||
is at risk of having offspring with a genetically influenced | ||
condition.
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"Genetic counseling" means the provision of services to | ||
individuals, couples, groups, families, and organizations by | ||
one or more appropriately trained individuals to address the | ||
physical and psychological issues associated with the | ||
occurrence or risk of occurrence or recurrence of a genetic | ||
disorder, birth defect, disease, or potentially inherited or | ||
genetically influenced condition in an individual or a family.
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"Genetic counseling" consists of the following: | ||
(A) Estimating the likelihood of occurrence or | ||
recurrence of a birth defect or of any potentially | ||
inherited or genetically influenced condition. This | ||
assessment may involve: | ||
(i) obtaining and analyzing a complete health | ||
history of the person and his or her family; | ||
(ii) reviewing pertinent medical records; | ||
(iii) evaluating the risks from exposure to | ||
possible mutagens or teratogens; | ||
(iv) recommending genetic testing or other | ||
evaluations to diagnose a condition or determine the | ||
carrier status of one or more family members; | ||
(B) Helping the individual, family, health care | ||
provider, or health care professional
(i) appreciate the | ||
medical, psychological and social implications of a | ||
disorder, including its features, variability, usual | ||
course and management options, (ii) learn how genetic | ||
factors contribute to the disorder and affect the chance |
for recurrence of the condition in other family members, | ||
and (iii) understand available options for coping with, | ||
preventing, or reducing the chance of
occurrence or | ||
recurrence of a condition.
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(C) Facilitating an individual's or family's
(i) | ||
exploration of the perception of risk and burden associated | ||
with the disorder and (ii) adjustment and adaptation to the | ||
condition or their genetic risk by addressing needs for
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psychological, social, and medical support.
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"Genetic counselor" means a person licensed under this Act | ||
to engage in the practice of genetic counseling. | ||
"Person" means an individual, association, partnership, or | ||
corporation. | ||
"Qualified supervisor" means any person who is a licensed | ||
genetic counselor, as defined by rule, or a physician licensed | ||
to practice medicine in all its branches. A qualified | ||
supervisor may be provided at the applicant's place of work, or | ||
may be contracted by the applicant to provide supervision. The | ||
qualified supervisor shall file written documentation to the | ||
Department of employment, discharge, or supervisory control of | ||
a genetic counselor at the time of employment, discharge, or | ||
assumption of supervision of a genetic counselor. | ||
"Supervision" means review of aspects of genetic | ||
counseling and case management in a bimonthly meeting with the | ||
person under supervision. | ||
Section 15. Exemptions.
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(a) This Act does not prohibit any persons legally | ||
regulated in this State by any other Act from engaging in the | ||
practice for which they are authorized as long as they do not | ||
represent themselves by the title of "genetic counselor" or | ||
"licensed genetic counselor". This Act does not prohibit the | ||
practice of nonregulated professions whose practitioners are | ||
engaged in the delivery of human services as long as these | ||
practitioners do not represent themselves as or use the title | ||
of "genetic counselor" or "licensed genetic counselor".
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(b) Nothing in this Act shall be construed to limit the | ||
activities and services of (i) a student, intern, resident, or | ||
fellow in genetic counseling or genetics seeking to fulfill | ||
educational requirements in order to qualify for a license | ||
under this Act if these activities and services constitute a | ||
part of the student's supervised course of study or (ii) an | ||
individual seeking to fulfill the post-degree experience | ||
requirements in order to qualify for licensing under this Act, | ||
as long as the activities and services are supervised by a | ||
qualified supervisor. A student, intern, resident, or fellow | ||
must be designated by the title "intern", "resident", "fellow", | ||
or any other designation of trainee status. Nothing contained | ||
in this subsection shall be construed to permit students, | ||
interns, residents, or fellows to offer their services as | ||
genetic counselors or geneticists to any other person and to | ||
accept remuneration for such genetic counseling services, | ||
except as specifically provided in this subsection or | ||
subsection (c).
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(c) Corporations, partnerships, and associations may | ||
employ students, interns, or post-degree candidates seeking to | ||
fulfill educational requirements or the professional | ||
experience requirements needed to qualify for a license under | ||
this Act if their activities and services constitute a part of | ||
the student's supervised course of study or post-degree | ||
professional experience requirements. Nothing in this | ||
subsection shall prohibit a corporation, partnership, or | ||
association from contracting with a licensed health care | ||
professional to provide services that they are licensed to | ||
provide.
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(d) Nothing in this Act shall prevent the employment, by a | ||
genetic counselor, person, association, partnership, or | ||
corporation furnishing genetic counseling services for | ||
remuneration, of persons not licensed as genetic counselors | ||
under this Act to perform services in various capacities as | ||
needed, if these persons are not in any manner held out to the | ||
public or do not hold themselves out to the public by any title |
or designation stating or implying that they are genetic | ||
counselors.
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(e) Nothing in this Act shall be construed to limit the | ||
services of a person, not licensed under the provisions of this | ||
Act, in the employ of a federal, State, county, or municipal | ||
agency or other political subdivision or not-for-profit | ||
corporation providing human services if (i) the services are a | ||
part of the duties in his or her salaried position, (ii) the | ||
services are performed solely on behalf of his or her employer, | ||
and (iii) that person does not in any manner represent himself | ||
or herself as or use the title of "genetic counselor" or | ||
"licensed genetic counselor".
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(f) Duly recognized members of any religious organization | ||
shall not be restricted from functioning in their ministerial | ||
capacity provided they do not represent themselves as being | ||
genetic counselors or as providing genetic counseling. | ||
(g) Nothing in this Act shall be construed to require or | ||
prohibit any hospital, clinic, home health agency, hospice, or | ||
other entity that provides health care to employ or to contract | ||
with a person licensed under this Act to provide genetic | ||
counseling services. | ||
(h) Nothing in this Act shall be construed to prevent any | ||
licensed social worker, licensed clinical social worker, | ||
licensed clinical psychologist, licensed professional | ||
counselor, or licensed clinical professional counselor from | ||
practicing professional counseling as long as that person is | ||
not in any manner held out to the public as a "genetic | ||
counselor" or "licensed genetic counselor" or does not hold out | ||
his or her services as being genetic counseling.
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(i) Nothing in this Act shall be construed to limit the | ||
practice of a person not licensed under this Act who is a | ||
physician licensed to practice medicine in all of its branches | ||
under the Medical Practice Act of 1987 or intern, fellow, or | ||
resident from using the title "genetic counselor" or any other | ||
title tending to indicate they are a genetic counselor.
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(j) Nothing in the Act shall prohibit a visiting ABGC or |
ABMG certified genetic counselor from outside the State working | ||
as a consultant, or organizations from outside the State | ||
employing ABGC or ABMG certified genetic counselors providing | ||
occasional services, who are not licensed under this Act, from | ||
engaging in the practice of genetic counseling subject to the | ||
stated circumstances and limitations.
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Section 20. Restrictions and limitations.
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(a) Beginning on January 1, 2006, except as provided in | ||
Section 15, no person shall, without a valid license as a | ||
genetic counselor issued by the Department (i) in any manner | ||
hold himself or herself out to the public as a genetic | ||
counselor under this Act; (ii) use in connection with his or | ||
her name or place of business the title "genetic counselor", | ||
"licensed genetic counselor", "gene counselor", "genetic | ||
consultant", or "genetic associate" or any words, letters, | ||
abbreviations, or insignia indicating or implying a person has | ||
met the qualifications for or has the license issued under this | ||
Act; or (iii) offer to render or render to individuals, | ||
corporations, or the public genetic counseling services if the | ||
words "genetic counselor" or "licensed genetic counselor" are | ||
used to describe the person offering to render or rendering | ||
them, or "genetic counseling" is used to describe the services | ||
rendered or offered to be rendered.
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(b) Beginning on January 1, 2006, no licensed genetic | ||
counselor may provide genetic counseling to individuals, | ||
couples, groups, or families without a written referral from a | ||
physician licensed to practice medicine in all its branches, an | ||
advanced practice nurse who has a collaborative agreement with | ||
a collaborating physician that authorizes referrals to a | ||
genetic counselor, or a physician assistant who has been | ||
delegated authority to make referrals to genetic counselors. | ||
The physician, advanced practice nurse, or physician assistant | ||
shall maintain supervision of the patient and be provided | ||
written reports on the services provided by the licensed | ||
genetic counselor. Genetic testing shall be ordered by a |
physician licensed to practice medicine in all its branches. | ||
Genetic test reports shall be provided to the referring | ||
physician, advanced practice nurse, or physician assistant. | ||
General seminars or talks to groups or organizations on genetic | ||
counseling that do not include individual, couple, or family | ||
specific counseling may be conducted without a referral. | ||
(c) Beginning on January 1, 2006, no association or | ||
partnership shall practice genetic counseling unless every | ||
member, partner, and employee of the association or partnership | ||
who practices genetic counseling or who renders genetic | ||
counseling services holds a valid license issued under this | ||
Act. No license shall be issued to a corporation, the stated | ||
purpose of which includes or which practices or which holds | ||
itself out as available to practice genetic counseling, unless | ||
it is organized under the Professional Service Corporation Act.
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(d) Nothing in this Act shall be construed as permitting | ||
persons licensed as genetic counselors to engage in any manner | ||
in the practice of medicine in all its branches as defined by | ||
law in this State.
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(e) Nothing in this Act shall be construed to authorize a | ||
licensed genetic counselor to diagnose, test, or treat any | ||
genetic or other disease or condition. | ||
(f) When, in the course of providing genetic counseling | ||
services to any person, a genetic counselor licensed under this | ||
Act finds any indication of a disease or condition that in his | ||
or her professional judgment requires professional service | ||
outside the scope of practice as defined in this Act, he or she | ||
shall refer that person to a physician licensed to practice | ||
medicine in all of its branches.
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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, | ||
offers to practice, attempts to practice, or holds himself or | ||
herself out to practice as a genetic counselor without being | ||
licensed or exempt under this Act shall, in addition to any | ||
other penalty provided by law, pay a civil penalty to the |
Department in an amount not to exceed $5,000 for each offense, | ||
as determined by the Department. Civil penalty shall be | ||
assessed by the Department after a hearing is held in | ||
accordance with the provisions set forth in this Act regarding | ||
the provision of a hearing for the discipline of a licensee. | ||
(b) The Department may investigate any actual, alleged, or | ||
suspected unlicensed activity.
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(c) The civil penalty shall be paid within 60 days after | ||
the effective date of the order imposing the civil penalty. The | ||
order shall constitute a final judgment and may be filed and | ||
execution had thereon in the same manner as any judgment from | ||
any court of record.
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Section 30. Powers and duties of the Department. Subject to | ||
the provisions of this Act, the Department may:
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(a) authorize examinations to ascertain the qualifications | ||
and fitness of applicants for licensing as genetic counselors | ||
and pass upon the qualifications of applicants for licensure by | ||
endorsement;
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(b) conduct hearings on proceedings to refuse to issue or | ||
renew or to revoke licenses or suspend, place on probation, | ||
censure, or reprimand persons licensed under this Act, and to | ||
refuse to issue or renew or to revoke licenses, or suspend, | ||
place on probation, censure, or reprimand persons licensed | ||
under this Act;
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(c) adopt rules necessary for the administration of this | ||
Act; and
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(d) maintain rosters of the names and addresses of all | ||
licensees and all persons whose licenses have been suspended, | ||
revoked, or denied renewal for cause within the previous | ||
calendar year. These rosters shall be available upon written | ||
request and payment of the required fee. | ||
Section 40. Application for original license. Applications | ||
for original licenses shall be made to the Department on forms | ||
prescribed by the Department and accompanied by the required |
fee, which is not refundable. All applications shall contain | ||
such information that, in the judgment of the Department, will | ||
enable the Department to pass on the qualifications of the | ||
applicant for a license to practice as a genetic counselor. | ||
Section 45. Social Security Number on license application. | ||
In addition to any other information required to be contained | ||
in the application, every application for an original, renewal, | ||
or restored license under this Act shall include the | ||
applicant's Social Security Number. | ||
Section 50. Examination; failure or refusal to take | ||
examination.
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(a) Applicants for genetic counseling licensure must | ||
provide evidence that they have successfully completed the | ||
certification examination provided by the ABGC or ABMG, if they | ||
are master's degree trained genetic counselors, or the ABMG, if | ||
they are PhD trained medical geneticists; or successfully | ||
completed the examination provided by the successor agencies of | ||
the ABGC or ABMG. The examinations shall be of a character to | ||
fairly test the competence and qualifications of the applicants | ||
to practice genetic counseling. | ||
(b) If an applicant neglects, fails, or refuses to take an | ||
examination or fails to pass an examination for a license under | ||
this Act within 2 exam cycles after receiving a temporary | ||
license, the application will be denied. However, such | ||
applicant may thereafter make a new application for license | ||
only if the applicant provides documentation of passing the | ||
certification examination offered through the ABGC or ABMG or | ||
their successor agencies and satisfies the requirements then in | ||
existence for a license.
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Section 55. Qualifications for licensure.
A person shall be | ||
qualified for licensure as a genetic counselor and the | ||
Department shall issue a license if that person:
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(1) has applied in writing in form and substance |
satisfactory to the Department; is at least 21 years of | ||
age; | ||
(2) has not engaged in conduct or activities which | ||
would constitute grounds for discipline under this Act; | ||
(3) has not violated any of the provisions of Sections | ||
20 or 25 of this Act or the rules promulgated thereunder. | ||
The Department may take into consideration any felony | ||
conviction of the applicant but such conviction shall not | ||
operate as an absolute bar to licensure; | ||
(4) has provided documentation of the successful | ||
completion of the certification examination and current | ||
certification provided by the American Board of Genetic | ||
Counseling or the American Board of Medical Genetics, or | ||
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 | ||
a genetic counselor and the Department shall issue a temporary | ||
license if that person:
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(1) has successfully completed a Master's degree in | ||
genetic counseling from an
ABGC or ABMG accredited training | ||
program or its equivalent as established by the ABGC or is | ||
a physician or has a doctoral degree and has successfully | ||
completed an ABMG accredited medical genetics training | ||
program or its equivalent as established by the ABMG; | ||
(2) has submitted evidence to the Department of active | ||
candidate status for the certifying examination | ||
administered by the ABGC or the ABMG or their successor | ||
agencies; and
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(3) has made application to the Department and paid the | ||
required fees.
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(b) A temporary license shall allow the applicant to | ||
practice under the supervision of a qualified supervisor until | ||
he or she receives certification from the ABGC or the ABMG or | ||
their successor agencies or
2 exam cycles have elapsed, |
whichever comes first.
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(c) Under no circumstances shall an applicant continue to | ||
practice on the temporary license for more than 30 days after | ||
notification that he or she has not passed the examination | ||
within 2 exam cycles after receiving the temporary license. | ||
However, the applicant may thereafter make a new application to | ||
the Department for a license satisfying the requirements then | ||
in existence for a license.
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Section 65. Licenses; renewal; restoration; person in | ||
military service; inactive status.
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(a) The expiration date and renewal period for each license | ||
issued under this Act shall be set by rule. The licensee may | ||
renew a license during the 30-day period preceding its | ||
expiration date by paying the required fee and demonstrating | ||
compliance with continuing education requirements established | ||
by rule.
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(b) Any person who has permitted a license to expire or who | ||
has a license on inactive status may have it restored by | ||
submitting an application to the Department and filing proof of | ||
fitness, as defined by rule, to have the license restored, | ||
including, if appropriate, evidence which is satisfactory to | ||
the Department certifying the active practice of genetic | ||
counseling in another jurisdiction, and by paying the required | ||
fee.
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(c) If the person has not maintained an active practice in | ||
another jurisdiction that is satisfactory to the Department, | ||
the Department shall determine the person's fitness to resume | ||
active status. The Department may also require the person to | ||
complete a specific period of evaluated genetic counseling work | ||
experience under the supervision of a qualified clinical | ||
supervisor and may require demonstration of completion of | ||
continuing education requirements.
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(d) Any person whose license expired while on active duty | ||
with the armed forces of the United States, while called into | ||
service or training with the State Militia, or while in |
training or education under the supervision of the United | ||
States government prior to induction into military service may | ||
have his license restored without paying any renewal fees if, | ||
within 2 years after the termination of such service, training, | ||
or education, except under conditions other than honorable, the | ||
Department is furnished with satisfactory evidence that the | ||
person has been so engaged and that such service, training, or | ||
education has been so terminated.
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(e) A license to practice shall not be denied any applicant | ||
because of the applicant's race, religion, creed, national | ||
origin, political beliefs or activities, age, sex, 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 | ||
months to submit the required fees, completed application, and | ||
documentation of passing the American Board of Genetic | ||
Counseling or American Board Medical Genetics certification | ||
examination in order to obtain a genetic counselor license that | ||
will allow the applicant to practice genetic counseling; or
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(b) Upon enactment of this law, qualified applicants have 6 | ||
months to submit the required fees, completed application, and | ||
documentation of active candidate status with the American | ||
Board of Genetic Counseling or American Board Medical Genetics | ||
in order to obtain a temporary genetic counselor license that | ||
will allow the applicant to practice genetic counseling under | ||
supervision as specified in this Act.
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Section 75. Fees; deposit of fees. The fees imposed under | ||
this Act shall be set by rule and are not refundable.
All of | ||
the fees collected under this Act shall be deposited into the | ||
General Professions Dedicated Fund.
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Section 80. Checks or orders dishonored. Any person who | ||
issues or delivers a check or other order to the Department | ||
that is returned to the Department unpaid by the financial |
institution upon which it is drawn shall pay to the Department, | ||
in addition to the amount already owed to the Department, a | ||
fine of $50. The fines imposed by this Section are in addition | ||
to any other discipline provided under this Act prohibiting | ||
unlicensed practice or practice on a nonrenewed license. The | ||
Department shall notify the person that payment of fees and | ||
fines shall be paid to the Department by certified check or | ||
money order within 30 calendar days after notification. If, | ||
after the expiration of 30 days from the date of the | ||
notification, the person has failed to submit the necessary | ||
remittance, the Department shall automatically terminate the | ||
license or certification or deny the application, without | ||
hearing. If, after termination or denial, the person seeks a | ||
license or certificate, he or she shall apply to the Department | ||
for restoration or issuance of the license or certificate and | ||
pay all fees and fines due to the Department. The Department | ||
may establish a fee for the processing of an application for | ||
restoration of a license to pay all costs and expenses of | ||
processing of this application. The Director may waive the | ||
fines due under this Section in individual cases where the | ||
Director finds that the fines would be unnecessarily | ||
burdensome. | ||
Section 85. Endorsement. The Department may issue a license | ||
as a genetic counselor, to an applicant currently licensed | ||
under the laws of another state or United States jurisdiction | ||
whose standards, in the opinion of the Department, were | ||
substantially equivalent at the date of his or her licensure in | ||
the other jurisdiction to the requirements of this Act. Such an | ||
applicant shall pay all of the required fees. Applicants have 6 | ||
months from the date of application to complete the application | ||
process. If the process has not been completed within 6 months, | ||
the application shall be denied, the fee forfeited, and the | ||
applicant must reapply and meet the requirements in effect at | ||
the time of reapplication. |
Section 90. Privileged communications and exceptions.
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(a) No licensed genetic counselor shall disclose any | ||
information acquired from persons consulting the counselor in a | ||
professional capacity, except that which may be voluntarily | ||
disclosed under any of the following circumstances:
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(1) In the course of formally reporting, conferring, or | ||
consulting with administrative superiors, colleagues, or | ||
consultants who share professional responsibility, in | ||
which instance all recipients of the information are | ||
similarly bound to regard the communication as privileged.
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(2) With the written consent of the person who provided | ||
the information and about whom the information concerns.
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(3) In the case of death or disability, with the | ||
written consent of a personal representative. | ||
(4) When a communication reveals the intended | ||
commission of a crime or harmful act and such disclosure is | ||
judged necessary in the professional judgment of the | ||
licensed genetic counselor to protect any person from a | ||
clear risk of serious mental or physical harm or injury or | ||
to forestall a serious threat to the public safety. | ||
(5) When the person waives the privilege by bringing | ||
any public charges or filing a lawsuit against the | ||
licensee. | ||
(b) Any person having access to records or anyone who | ||
participates in providing genetic counseling services, or in | ||
providing any human services, or is supervised by a licensed | ||
genetic counselor is similarly bound to regard all information | ||
and communications as privileged in accord with this Section.
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(c) The Mental Health and Developmental Disabilities | ||
Confidentiality Act is incorporated herein as if all of its | ||
provisions were included in this Act. In the event of a | ||
conflict between the application of this Section and the Mental | ||
Health and Developmental Disabilities Confidentiality Act to a | ||
specific situation, the provisions of the Mental Health and | ||
Developmental Disabilities Confidentiality Act shall control.
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Section 95. Grounds for discipline.
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(a) The Department may refuse to issue, renew, or may | ||
revoke, suspend, place on probation, reprimand, or take other | ||
disciplinary action as the Department deems appropriate, | ||
including the issuance of fines not to exceed $1,000 for each | ||
violation, with regard to any license for any one or more of | ||
the following: | ||
(1) Material misstatement in furnishing information to | ||
the Department or to any other State agency.
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(2) Violations or negligent or intentional disregard | ||
of this Act, or any of its rules.
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(3) Conviction of any crime under the laws of the | ||
United States or any state or territory thereof that is a | ||
felony, a misdemeanor, an essential element of which is | ||
dishonesty, or a crime that is directly related to the | ||
practice of the profession.
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(4) Making any misrepresentation for the purpose of | ||
obtaining a license, or violating any provision of this Act | ||
or its rules. | ||
(5) Professional incompetence or gross negligence in | ||
the rendering of genetic counseling services.
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(6) Gross or repeated negligence.
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(7) Aiding or assisting another person in violating any | ||
provision of this Act or any rules.
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(8) Failing to provide information within 60 days in | ||
response to a written request made by the Department.
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(9) Engaging in dishonorable, unethical, or | ||
unprofessional conduct of a character likely to deceive, | ||
defraud, or harm the public and violating the rules of | ||
professional conduct adopted by the Department.
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(10) Failing to maintain the confidentiality of any | ||
information received from a client, unless otherwise | ||
authorized or required by law.
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(11) Exploiting a client for personal advantage, | ||
profit, or interest.
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(12) Habitual or excessive use or addiction to alcohol, |
narcotics, stimulants, or any other chemical agent or drug | ||
which results in inability to practice with reasonable | ||
skill, judgment, or safety.
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(13) Discipline by another jurisdiction, if at least | ||
one of the grounds for the discipline is the same or | ||
substantially equivalent to those set forth in this | ||
Section.
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(14) Directly or indirectly giving to or receiving from | ||
any person, firm, corporation, partnership, or association | ||
any fee, commission, rebate, or other form of compensation | ||
for any professional service not actually rendered.
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(15) A finding by the Department that the licensee, | ||
after having the license placed on probationary status has | ||
violated the terms of probation.
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(16) Failing to refer a client to other health care | ||
professionals when the licensee is unable or unwilling to | ||
adequately support or serve the client.
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(17) Willfully filing false reports relating to a | ||
licensee's practice, including but not limited to false | ||
records filed with federal or State agencies or | ||
departments.
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(18) Willfully failing to report an instance of | ||
suspected child abuse or neglect as required by the Abused | ||
and Neglected Child Reporting Act.
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(19) Being named as a perpetrator in an indicated | ||
report by the Department of Children and Family Services | ||
pursuant to the Abused and Neglected Child Reporting Act, | ||
and upon proof by clear and convincing evidence that the | ||
licensee has caused a child to be an abused child or | ||
neglected child as defined in the Abused and Neglected | ||
Child Reporting Act.
| ||
(20) Physical or mental disability, including | ||
deterioration through the aging process or loss of | ||
abilities and skills which results in the inability to | ||
practice the profession with reasonable judgment, skill, | ||
or safety.
|
(21) Solicitation of professional services by using | ||
false or misleading advertising.
| ||
(22) Failure to file a return, or to pay the tax, | ||
penalty of interest shown in a filed return, or to pay any | ||
final assessment of tax, penalty or interest, as required | ||
by any tax Act administered by the Illinois Department of | ||
Revenue or any successor agency or the Internal Revenue | ||
Service or any successor agency.
| ||
(23) A finding that licensure has been applied for or | ||
obtained by fraudulent means.
| ||
(24) Practicing or attempting to practice under a name | ||
other than the full name as shown on the license or any | ||
other legally authorized name.
| ||
(25) Gross overcharging for professional services, | ||
including filing statements for collection of fees or | ||
monies for which services are not rendered.
| ||
(b) The Department shall deny, without hearing, any | ||
application or renewal for a license under this Act to any | ||
person who has defaulted on an educational loan guaranteed by | ||
the Illinois State Assistance Commission; however, the | ||
Department may issue a license or renewal if the person in | ||
default has established a satisfactory repayment record as | ||
determined by the Illinois Student Assistance Commission.
| ||
(c) The determination by a court that a licensee is subject | ||
to involuntary admission or judicial admission as provided in | ||
the Mental Health and Developmental Disabilities Code will | ||
result in an automatic suspension of his or her license. The | ||
suspension will end upon a finding by a court that the licensee | ||
is no longer subject to involuntary admission or judicial | ||
admission, the issuance of an order so finding and discharging | ||
the patient, and the determination of the Director that the | ||
licensee be allowed to resume professional practice.
| ||
Section 100. Violations; injunction; cease and desist | ||
order.
| ||
(a) If any person violates the provisions of this Act, the |
Director may, in the name of the People of the State of | ||
Illinois, through the Attorney General, petition for an order | ||
enjoining the violation or for an order enforcing compliance | ||
with this Act. Upon the filing of a verified petition, the | ||
court with appropriate jurisdiction may issue a temporary | ||
restraining order without notice or bond, and may preliminarily | ||
and permanently enjoin the violation. If it is established that | ||
the person has violated or is violating the injunction, the | ||
court may punish the offender for contempt of court. | ||
Proceedings under this Section are in addition to all other | ||
remedies and penalties provided by this Act.
| ||
(b) If any person holds himself or herself out as being a | ||
licensed genetic counselor under this Act and is not licensed | ||
to do so, then any licensed genetic counselor, interested | ||
party, or any person injured thereby may petition for relief as | ||
provided in subsection (a) of this Section.
| ||
(c) Whenever, in the opinion of the Department, a person | ||
violates any provision of this Act, the Department may issue a | ||
rule to show cause why an order to cease and desist should not | ||
be entered against that person. The rule shall clearly set | ||
forth the grounds relied upon by the
Department and shall allow | ||
at least 7 days from the date of the rule to file an answer | ||
satisfactory to the Department. Failure to answer to the | ||
satisfaction of the Department shall cause an order to cease | ||
and desist to be issued.
| ||
Section 105. Investigations; notice and hearing. The | ||
Department may investigate the actions of any applicant or any | ||
person holding or claiming to hold a license. The Department | ||
shall, before revoking, suspending, placing on probation, | ||
reprimanding, or taking any other disciplinary action under | ||
Section 95 of this Act, at least 30 days prior to the date set | ||
for the hearing, (i) notify the accused, in writing, of any | ||
charges made and the time and place for the hearing on the | ||
charges,
(ii) direct him or her to file a written answer to the | ||
charges with the Department under oath within 20 days after |
service of the notice, and (iii) inform the accused that, if he | ||
or she fails to answer, default will be taken against him or | ||
her or that his or her license or certificate may be suspended, | ||
revoked, placed on probationary status, or other disciplinary | ||
action taken with regard to the license, including limiting the | ||
scope, nature, or extent of his or her practice, as the | ||
Department may deem proper. In case the person, after receiving | ||
notice, fails to file an answer, his or her license may, in the | ||
discretion of the Department, be suspended, revoked, placed on | ||
probationary status, or the Department may take whatever | ||
disciplinary action deemed proper, including limiting the | ||
scope, nature, or extent of the person's practice or the | ||
imposition of a fine, without a hearing, if the act or acts | ||
charged constitute sufficient grounds for such action under | ||
this Act. The written notice may be served by personal delivery | ||
or certified mail to the address specified by the accused in | ||
his or her last notification to the Department.
| ||
Section 110. Record of proceedings; transcript. The | ||
Department, at its expense, shall preserve a record of all | ||
proceedings at the formal hearing of any case. The notice of | ||
hearing, complaint, all other documents in the nature of | ||
pleadings, written motions filed in the proceedings, the | ||
transcript of testimony, the report of the hearing officer and | ||
orders of the Department shall be in the record of such | ||
proceeding. The Department shall furnish a transcript of the | ||
record to any person interested in the hearing upon payment of | ||
the fee required under Section 2105-115 of the Department of | ||
Professional Regulation Law of the Civil Administrative Code of | ||
Illinois. | ||
Section 115. Subpoenas; depositions; oaths. The Department | ||
has the power to subpoena and to bring before it any person and | ||
to take testimony either orally or by deposition, or both, with | ||
the same fees and mileage and in the same manner as prescribed | ||
in civil cases in the courts of this State. The Director and |
the designated hearing officer has the power to administer | ||
oaths to witnesses at any hearing which the Department is | ||
authorized to conduct, and any other oaths authorized in any | ||
Act administered by the Department. | ||
Section 120. Compelling testimony. Any court, upon | ||
application of the Department, designated hearing officer, or | ||
the applicant or licensee against whom proceedings under | ||
Section 95 of this Act are pending, may enter an order | ||
requiring the attendance of witnesses and their testimony and | ||
the production of documents, papers, files, books, and records | ||
in connection with any hearing or investigation. The court may | ||
compel obedience to its order by proceedings for contempt. | ||
Section 125. Findings and recommendations. At the | ||
conclusion of the hearing, the hearing officer shall present to | ||
the Director a written report of its findings of fact, | ||
conclusions of law, and recommendations. The report shall | ||
contain a finding whether the licensee violated this Act or | ||
failed to comply with the conditions required in this Act. The | ||
hearing officer shall specify the nature of the violation or | ||
failure to comply, and shall make its recommendations to the | ||
Director. The report of findings of fact, conclusions of law, | ||
and recommendation of the hearing officer shall be the basis | ||
for the Department's order for refusal or for the granting of | ||
the license. If the Director disagrees with the recommendations | ||
of the hearing officer, the Director may issue an order in | ||
contravention of the hearing officer's recommendations. The | ||
finding is not admissible in evidence against the person in a | ||
criminal prosecution brought for the violation of this Act, but | ||
the hearing and findings are not a bar to a criminal | ||
prosecution brought for the violation of this Act. | ||
Section 135. Director; rehearing. Whenever the Director | ||
believes justice has not been done in the revocation, | ||
suspension, or refusal to issue or renew a license or the |
discipline of a licensee, he or she may order a rehearing. | ||
Section 140. Appointment of a hearing officer. The Director | ||
has the authority to appoint any attorney licensed to practice | ||
law in the State of Illinois to serve as the hearing officer in | ||
any action for refusal to issue or renew a license or permit or | ||
to discipline a licensee. The hearing officer has full | ||
authority to conduct the hearing. The hearing officer shall | ||
report his findings of fact, conclusions of law, and | ||
recommendations to the Director. | ||
Section 145. Order or certified copy; prima facie proof.
| ||
An order or certified copy thereof, over the seal of the | ||
Department and purporting to be signed by the Director, is | ||
prima facie proof that:
| ||
(1) the signature is the genuine signature of the Director;
| ||
and | ||
(2) the Director is duly appointed and qualified.
| ||
Section 150. Restoration of suspended or revoked license. | ||
At any time after the suspension or revocation of any license, | ||
the Department may restore it to the licensee, unless after an | ||
investigation and hearing the Director determines that | ||
restoration is not in the public interest. | ||
Section 155. Surrender of license. Upon the revocation or | ||
suspension of a license, the licensee shall immediately | ||
surrender his or her license to the Department. If the licensee | ||
fails to do so, the Department has the right to seize the | ||
license. | ||
Section 160. Summary suspension of license. The Director | ||
may summarily suspend the license of a genetic counselor | ||
without a hearing, simultaneously with the institution of | ||
proceedings for a hearing provided for in Section 105 of this | ||
Act, if the Director finds that evidence in the possession of |
the Director indicates that the continuation of practice by the | ||
genetic counselor would constitute an imminent danger to the | ||
public. In the event that the Director summarily suspends the | ||
license of an individual without a hearing, a hearing must be | ||
held within 30 days after the suspension has occurred. | ||
Section 165. Administrative review; venue.
| ||
(a) All final administrative decisions of the Department | ||
are subject to judicial review pursuant to the Administrative | ||
Review Law and its rules. The term "administrative decision" is | ||
defined as in Section 3-101 of the Code of Civil Procedure.
| ||
(b) Proceedings for judicial review shall be commenced in | ||
the circuit court of the county in which the party applying for | ||
review resides, but if the party is not a resident of Illinois, | ||
the venue shall be in Sangamon County.
| ||
Section 170. Certification of record; costs. The | ||
Department shall not be required to certify any record to the | ||
court, to file an answer in court, or to otherwise appear in | ||
any court in a judicial review proceeding, unless there is | ||
filed in the court, with the complaint, a receipt from the | ||
Department acknowledging payment of the costs of furnishing and | ||
certifying the record. Failure on the part of the plaintiff to | ||
file the receipt in court is grounds for dismissal of the | ||
action. | ||
Section 175. Violations. Unless otherwise specified, any | ||
person found to have violated any provision of this Act is | ||
guilty of a Class A misdemeanor. | ||
Section 180. Administrative Procedure Act; application. | ||
The Illinois Administrative Procedure Act is hereby expressly | ||
adopted and incorporated in this Act as if all of the | ||
provisions of such Act were included in this Act. | ||
Section 185. Home rule. The regulation and licensing of |
genetic counselors are exclusive powers and functions of the | ||
State. A home rule unit may not regulate or license genetic | ||
counselors. This Section is a denial and limitation of home | ||
rule powers and functions under subsection (h) of Section 6 of | ||
Article VII of the Illinois Constitution.
| ||
Section 900. The Regulatory Sunset Act is amended by adding | ||
Section
4.25 as follows:
| ||
(5 ILCS 80/4.25 new)
| ||
Sec. 4.25. Act repealed on January 1, 2015. The following | ||
Act is repealed on January 1, 2015:
| ||
The Genetic Counselor Licensing Act.
| ||
Section 905. The Abused and Neglected Child Reporting Act | ||
is amended by changing Section 4 as follows:
| ||
(325 ILCS 5/4) (from Ch. 23, par. 2054)
| ||
Sec. 4. Persons required to report; privileged | ||
communications;
transmitting false report. Any physician, | ||
resident, intern, hospital,
hospital administrator
and | ||
personnel engaged in examination, care and treatment of | ||
persons, surgeon,
dentist, dentist hygienist, osteopath, | ||
chiropractor, podiatrist, physician
assistant, substance abuse | ||
treatment personnel, funeral home
director or employee, | ||
coroner, medical examiner, emergency medical technician,
| ||
acupuncturist, crisis line or hotline personnel, school | ||
personnel, educational
advocate assigned to a child pursuant to | ||
the School Code, truant officers,
social worker, social | ||
services administrator,
domestic violence program personnel, | ||
registered nurse, licensed
practical nurse, genetic counselor,
| ||
respiratory care practitioner, advanced practice nurse, home
| ||
health aide, director or staff
assistant of a nursery school or | ||
a child day care center, recreational program
or facility | ||
personnel, law enforcement officer, licensed professional
| ||
counselor, licensed clinical professional counselor, |
registered psychologist
and
assistants working under the | ||
direct supervision of a psychologist,
psychiatrist, or field | ||
personnel of the Illinois Department of Public Aid,
Public | ||
Health, Human Services (acting as successor to the Department | ||
of Mental
Health and Developmental Disabilities, | ||
Rehabilitation Services, or Public Aid),
Corrections, Human | ||
Rights, or Children and Family Services, supervisor and
| ||
administrator of general assistance under the Illinois Public | ||
Aid Code,
probation officer, or any other foster parent, | ||
homemaker or child care worker
having reasonable cause to | ||
believe a child known to them in their professional
or official | ||
capacity may be an abused child or a neglected child shall
| ||
immediately report or cause a report to be made to the | ||
Department.
| ||
Any member of the clergy having reasonable cause to believe | ||
that a child
known to that member of the clergy in his or her | ||
professional capacity may be
an abused child as defined in item | ||
(c) of the definition of "abused child" in
Section 3 of this | ||
Act shall immediately report or cause a report to be made to
| ||
the Department.
| ||
Whenever
such person is required to report under this Act | ||
in his capacity as a member of
the staff of a medical or other | ||
public or private institution, school, facility
or agency, or | ||
as a member of the clergy, he shall
make report immediately to | ||
the Department in accordance
with the provisions of this Act | ||
and may also notify the person in charge of
such institution, | ||
school, facility or agency, or church, synagogue, temple,
| ||
mosque, or other religious institution, or his
designated agent | ||
that such
report has been made. Under no circumstances shall | ||
any person in charge of
such institution, school, facility or | ||
agency, or church, synagogue, temple,
mosque, or other | ||
religious institution, or his
designated agent to whom
such | ||
notification has been made, exercise any control, restraint, | ||
modification
or other change in the report or the forwarding of | ||
such report to the
Department.
| ||
The privileged quality of communication between any |
professional
person required to report
and his patient or | ||
client shall not apply to situations involving abused or
| ||
neglected children and shall not constitute grounds for failure | ||
to report
as required by this Act.
| ||
A member of the clergy may claim the privilege under | ||
Section 8-803 of the
Code of Civil Procedure.
| ||
In addition to the above persons required to
report | ||
suspected cases of abused or neglected children, any other | ||
person
may make a report if such person has reasonable cause to | ||
believe a child
may be an abused child or a neglected child.
| ||
Any person who enters into
employment on and after July 1, | ||
1986 and is mandated by virtue of that
employment to report | ||
under this Act, shall sign a statement on a form
prescribed by | ||
the Department, to the effect that the employee has knowledge
| ||
and understanding of the reporting requirements of this Act. | ||
The statement
shall be signed prior to commencement of the | ||
employment. The signed
statement shall be retained by the | ||
employer. The cost of printing,
distribution, and filing of the | ||
statement shall be borne by the employer.
| ||
The Department shall provide copies of this Act, upon | ||
request, to all
employers employing persons who shall be | ||
required under the provisions of
this Section to report under | ||
this Act.
| ||
Any person who knowingly transmits a false report to the | ||
Department
commits the offense of disorderly conduct under | ||
subsection (a)(7) of
Section 26-1 of the "Criminal Code of | ||
1961". Any person who violates this
provision a second or | ||
subsequent time shall be guilty of a Class 3
felony.
| ||
Any person who knowingly and willfully violates any | ||
provision of this
Section other than a second or subsequent | ||
violation of transmitting a
false report as described in the
| ||
preceding paragraph, is guilty of a Class A misdemeanor for
a | ||
first violation and a Class 4 felony for a
second or subsequent | ||
violation; except that if the person acted as part
of a plan or | ||
scheme having as its object the
prevention of discovery of an | ||
abused or neglected child by lawful authorities
for the
purpose |
of protecting or insulating any person or entity from arrest or
| ||
prosecution, the
person is guilty of a Class 4 felony for a | ||
first offense and a Class 3 felony
for a second or
subsequent | ||
offense (regardless of whether the second or subsequent offense
| ||
involves any
of the same facts or persons as the first or other | ||
prior offense).
| ||
A child whose parent, guardian or custodian in good faith | ||
selects and depends
upon spiritual means through prayer alone | ||
for the treatment or cure of
disease or remedial care may be | ||
considered neglected or abused, but not for
the sole reason | ||
that his parent, guardian or custodian accepts and
practices | ||
such beliefs.
| ||
A child shall not be considered neglected or abused solely | ||
because the
child is not attending school in accordance with | ||
the requirements of
Article 26 of the School Code, as amended.
| ||
(Source: P.A. 92-16, eff. 6-28-01; 92-801, eff. 8-16-02; | ||
93-137, eff.
7-10-03; 93-356, eff. 7-24-03; 93-431, eff. | ||
8-5-03; revised 9-12-03.)
| ||
Section 999. Effective date. This Act takes effect upon | ||
becoming law.
|