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Public Act 099-0633 | ||||
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AN ACT concerning 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 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(Section scheduled to be repealed on January 1, 2025) | ||||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.
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"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 | ||
condition.
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"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.
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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. | ||
"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, a licensed | ||
advanced practice nurse, or a licensed physician assistant.
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"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.
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(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.
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(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 | ||
rendered.
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(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.
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(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.
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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 (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.
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(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.
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(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.
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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 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.
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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) Negligence in the rendering of genetic counseling | ||
services.
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(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.
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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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(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.
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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 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.
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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. | ||
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.
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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.
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(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.
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(21) Solicitation of professional services by using | ||
false or misleading advertising.
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(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.
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(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.
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(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.
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(25) Gross overcharging for professional services, | ||
including filing statements for collection of fees or | ||
monies for which services are not rendered.
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(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.
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(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.
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(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.
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(Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15.)
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