Illinois General Assembly - Full Text of Public Act 099-0633
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Public Act 099-0633





Public Act 099-0633
SB2985 EnrolledLRB099 15645 MLM 39938 b

    AN ACT concerning regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Genetic Counselor Licensing Act is amended
by changing Sections 10, 20, and 95 as follows:
    (225 ILCS 135/10)
    (Section scheduled to be repealed on January 1, 2025)
    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.
    "Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address, and
those changes must be made either through the Department's
website or by contacting the Department.
    "Department" means the Department of Financial and
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
    "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
    "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, a licensed
advanced practice nurse, or a licensed physician assistant.
    "Secretary" means the Secretary of Financial and
Professional Regulation.
    "Supervision" means review of aspects of genetic
counseling and case management in a bimonthly meeting with the
person under supervision.
(Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15.)
    (225 ILCS 135/20)
    (Section scheduled to be repealed on January 1, 2025)
    Sec. 20. Restrictions and limitations.
    (a) 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
    (b) (Blank). 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, a licensed advanced
practice nurse, or a licensed physician assistant. 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) 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. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15.)
    (225 ILCS 135/95)
    (Section scheduled to be repealed on January 1, 2025)
    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 or non-disciplinary action as the Department
deems appropriate, including the issuance of fines not to
exceed $10,000 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 by plea of guilty or nolo contendere,
    finding of guilt, jury verdict, or entry of judgment or
    sentencing, including, but not limited to, convictions,
    preceding sentences of supervision, conditional discharge,
    or first offender probation, under the laws of any
    jurisdiction of the United States: (i) that is a felony or
    (ii) that is a misdemeanor, an essential element of which
    is dishonesty, or that is directly related to the practice
    of genetic counseling.
        (4) Making any misrepresentation for the purpose of
    obtaining a license, or violating any provision of this Act
    or its rules.
        (5) Negligence in the rendering of genetic counseling
        (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.
        (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 governmental agency or unit
    of government, by any jurisdiction of the United States, or
    by a foreign nation, 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.
    Nothing in this paragraph (14) affects any bona fide
    independent contractor or employment arrangements among
    health care professionals, health facilities, health care
    providers, or other entities, except as otherwise
    prohibited by law. Any employment arrangements may include
    provisions for compensation, health insurance, pension, or
    other employment benefits for the provision of services
    within the scope of the licensee's practice under this Act.
    Nothing in this paragraph (14) shall be construed to
    require an employment arrangement to receive professional
    fees for services 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
        (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) Fraud or making any misrepresentation in applying
    for or procuring a license under this Act or in connection
    with applying for renewal of a license under this Act.
        (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) (Blank). 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, a licensed advanced practice
    nurse, or a licensed physician assistant.
        (27) Charging for professional services not rendered,
    including filing false statements for the collection of
    fees for which services are not rendered.
        (28) Allowing one's license under this Act to be used
    by an unlicensed person in violation of this Act.
    (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 Secretary that the
licensee be allowed to resume professional practice.
    (d) The Department may refuse to issue or renew or may
suspend without hearing the license of any person who fails to
file a return, to pay the tax penalty or interest shown in a
filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any Act regarding the
payment of taxes administered by the Illinois Department of
Revenue until the requirements of the Act are satisfied in
accordance with subsection (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
    (e) In cases where the Department of Healthcare and Family
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person based
solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance with
item (5) of subsection (a) of Section 2105-15 of the Department
of Professional Regulation Law of the Civil Administrative Code
of Illinois.
    (f) All fines or costs imposed under this Section shall be
paid within 60 days after the effective date of the order
imposing the fine or costs or in accordance with the terms set
forth in the order imposing the fine.
(Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15.)

Effective Date: 1/1/2017