Public Act 096-1313
 
HB4974 EnrolledLRB096 16411 ASK 31678 b

    AN ACT concerning professional regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 3. The Illinois Clinical Laboratory and Blood Bank
Act is amended by changing Section 7-101 as follows:
 
    (210 ILCS 25/7-101)  (from Ch. 111 1/2, par. 627-101)
    Sec. 7-101. Examination of specimens. A clinical
laboratory shall examine specimens only at the request of (i) a
licensed physician, (ii) a licensed dentist, (iii) a licensed
podiatrist, (iv) a therapeutic optometrist for diagnostic or
therapeutic purposes related to the use of diagnostic topical
or therapeutic ocular pharmaceutical agents, as defined in
subsections (c) and (d) of Section 15.1 of the Illinois
Optometric Practice Act of 1987, (v) a licensed physician
assistant in accordance with the written guidelines required
under subdivision (3) of Section 4 and under Section 7.5 of the
Physician Assistant Practice Act of 1987, (v-A) an advanced
practice nurse in accordance with the written collaborative
agreement required under Section 65-35 of the Nurse Practice
Act, or (vi) an authorized law enforcement agency or, in the
case of blood alcohol, at the request of the individual for
whom the test is to be performed in compliance with Sections
11-501 and 11-501.1 of the Illinois Vehicle Code, or (vii) a
genetic counselor with the specific authority from a referral
to order a test or tests pursuant to subsection (b) of Section
20 of the Genetic Counselor Licensing Act. If the request to a
laboratory is oral, the physician or other authorized person
shall submit a written request to the laboratory within 48
hours. If the laboratory does not receive the written request
within that period, it shall note that fact in its records. For
purposes of this Section, a request made by electronic mail or
fax constitutes a written request.
(Source: P.A. 95-639, eff. 10-5-07.)
 
    Section 5. The Genetic Counselor Licensing Act is amended
by changing Sections 10, 20, 60, 90, and 95 as follows:
 
    (225 ILCS 135/10)
    (Section scheduled to be repealed on January 1, 2015)
    Sec. 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.
    "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.
    "Genetic counseling" means the provision of services,
which may include the ordering of genetic tests, pursuant to a
referral, 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. "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.
        (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
    psychological, social, and medical support.
    "Genetic counselor" means a person licensed under this Act
to engage in the practice of genetic counseling.
    "Genetic testing" and "genetic test" mean a test or
analysis of human genes, gene products, DNA, RNA, chromosomes,
proteins, or metabolites that detects genotypes, mutations,
chromosomal changes, abnormalities, or deficiencies, including
carrier status, that (i) are linked to physical or mental
disorders or impairments, (ii) indicate a susceptibility to
illness, disease, impairment, or other disorders, whether
physical or mental, or (iii) demonstrate genetic or chromosomal
damage due to environmental factors. "Genetic testing" and
"genetic tests" do not include routine physical measurements;
chemical, blood and urine analyses that are widely accepted and
in use in clinical practice; tests for use of drugs; tests for
the presence of the human immunodeficiency virus; analyses of
proteins or metabolites that do not detect genotypes,
mutations, chromosomal changes, abnormalities, or
deficiencies; or analyses of proteins or metabolites that are
directly related to a manifested disease, disorder, or
pathological condition that could reasonably be detected by a
health care professional with appropriate training and
expertise in the field of medicine involved.
    "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 with 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.
    "Referral" means a written or telecommunicated
authorization for genetic counseling services 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 a supervision
agreement with a supervising physician that authorizes
referrals to a genetic counselor who has been delegated
authority to make referrals to genetic counselors.
    "Supervision" means review of aspects of genetic
counseling and case management in a bimonthly meeting with the
person under supervision.
(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
 
    (225 ILCS 135/20)
    (Section scheduled to be repealed on January 1, 2015)
    Sec. 20. Restrictions and limitations.
    (a) Beginning 12 months after the adoption of the final
administrative rules, 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.
    (b) Beginning 12 months after the adoption of the final
administrative rules, no licensed genetic counselor may
provide genetic counseling to individuals, couples, groups, or
families without a 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 timely written
reports on the services, including genetic testing results,
provided by the licensed genetic counselor. Genetic testing
shall be ordered by a physician licensed to practice medicine
in all its branches or a genetic counselor pursuant to a
referral that gives the specific authority to order genetic
tests. Genetic test results and 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. In clinical settings, genetic counselors who serve as
a liaison between family members of a patient and a genetic
research project, may, with the consent of the patient, provide
information to family members for the purpose of gathering
additional information, as it relates to the patient, without a
referral. In non-clinical settings where no patient is being
treated, genetic counselors who serve as a liaison between a
genetic research project and participants in that genetic
research project may provide information to the participants,
without a referral.
    (c) Beginning 12 months after the adoption of the final
administrative rules, 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.
    (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.
    (e) Nothing in this Act shall be construed to authorize a
licensed genetic counselor to diagnose, test (unless
authorized in a referral), 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.
(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
 
    (225 ILCS 135/60)
    (Section scheduled to be repealed on January 1, 2015)
    Sec. 60. Temporary licensure. A temporary license may be
issued to an individual who has made application to the
Department, has submitted evidence to the Department of
admission to the certifying examination administered by the
ABGC or the ABMG or either of its successor agencies, has met
all of the requirements for licensure in accordance with
Section 55 of this Act, except the examination requirement of
item (4) of Section 55 of this Act, and has met any other
condition established by rule. The holder of a temporary
license shall practice only under the supervision of a
qualified supervisor and may not have the authority to order
genetic tests. Nothing in this Section prohibits an applicant
from re-applying for a temporary license if he or she meets the
qualifications of this Section.
(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
 
    (225 ILCS 135/90)
    (Section scheduled to be repealed on January 1, 2015)
    Sec. 90. Privileged communications and exceptions.
    (a) With the exception of disclosure to the physician
performing or supervising a genetic test and to the referring
physician licensed to practice medicine in all its branches,
advanced practice nurse, or physician assistant, no 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:
        (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.
        (2) With the written consent of the person who provided
    the information and about whom the information concerns.
        (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.
    (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.
(Source: P.A. 93-1041, eff. 9-29-04.)
 
    (225 ILCS 135/95)
    (Section scheduled to be repealed on January 1, 2015)
    Sec. 95. Grounds for discipline.
    (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.
        (2) Violations or negligent or intentional disregard
    of this Act, or any of its rules.
        (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.
        (4) Making any misrepresentation for the purpose of
    obtaining a license, or violating any provision of this Act
    or its rules.
        (5) Gross Professional incompetence or gross
    negligence in the rendering of genetic counseling
    services.
        (6) Failure to provide genetic testing results and any
    requested information to a referring physician licensed to
    practice medicine in all its branches, advanced practice
    nurse, or physician assistant Gross or repeated
    negligence.
        (7) Aiding or assisting another person in violating any
    provision of this Act or any rules.
        (8) Failing to provide information within 60 days in
    response to a written request made by the Department.
        (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.
        (10) Failing to maintain the confidentiality of any
    information received from a client, unless otherwise
    authorized or required by law.
        (10.5) Failure to maintain client records of services
    provided and provide copies to clients upon request.
        (11) Exploiting a client for personal advantage,
    profit, or interest.
        (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.
        (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.
        (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.
        (15) A finding by the Department that the licensee,
    after having the license placed on probationary status has
    violated the terms of probation.
        (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.
        (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.
        (18) Willfully failing to report an instance of
    suspected child abuse or neglect as required by the Abused
    and Neglected Child Reporting Act.
        (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.
        (26) Providing genetic counseling services to
    individuals, couples, groups, or families without a
    referral from either 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 the advanced practice nurse to
    make referrals to a genetic counselor, or a physician
    assistant who has been delegated authority to make
    referrals to genetic counselors.
    (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.
(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/27/2010