Bill Text: IL SB2731 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Genetic Counselor Licensing Act. Provides that application for licenses shall be made to the Department of Financial and Professional Regulation in writing or electronically (rather than in writing) as prescribed by the Department. Provides that all applicants and licensees shall (1) provide a valid address and email address to the Department, which shall serve as the address of record and email address of record, respectively, at the time of application for licensure or renewal of a license; and (2) inform the Department of any change of address of record or email address of record within 14 days after the change either through the Department's website or by contacting the Department's licensure maintenance unit. Provides that no association, limited liability company, professional limited liability company, or partnership (rather than no association or partnership) shall practice genetic counseling unless every member, partner, and employee of the association, limited liability company, professional limited liability company, or partnership who practices genetic counseling or who renders genetic counseling services holds a valid license issued under the Act. Provides that every application for an original license under the Act shall include the applicant's Social Security Number or individual taxpayer identification number. Removes a provision that authorizes the Department to maintain rosters of the names and addresses of all licensees and all persons whose licenses have been suspended, revoked, or denied. Defines "email address of record". Changes references from the "American Board of Medical Genetics" to the "American Board of Medical Genetics and Genomics". Makes conforming changes. Makes grammatical changes. Amends the Regulatory Sunset Act to provide for the repeal of the Genetic Counselor Licensing Act on January 1, 2030.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2024-08-02 - Public Act . . . . . . . . . 103-0763 [SB2731 Detail]

Download: Illinois-2023-SB2731-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by
changing Sections 4.35 and 4.40 as follows:
(5 ILCS 80/4.35)
Sec. 4.35. Acts repealed on January 1, 2025. The following
Acts are repealed on January 1, 2025:
The Genetic Counselor Licensing Act.
The Illinois Certified Shorthand Reporters Act of 1984.
(Source: P.A. 103-563, eff. 11-17-23.)
(5 ILCS 80/4.40)
Sec. 4.40. Acts repealed on January 1, 2030. The following
Acts are repealed on January 1, 2030:
The Auction License Act.
The Genetic Counselor Licensing Act.
The Illinois Architecture Practice Act of 1989.
The Illinois Professional Land Surveyor Act of 1989.
The Orthotics, Prosthetics, and Pedorthics Practice Act.
The Perfusionist Practice Act.
The Professional Engineering Practice Act of 1989.
The Real Estate License Act of 2000.

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The Structural Engineering Practice Act of 1989.
(Source: P.A. 101-269, eff. 8-9-19; 101-310, eff. 8-9-19;
101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, eff.
8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; 101-357,
eff. 8-9-19; 102-558, eff. 8-20-21.)
Section 10. The Genetic Counselor Licensing Act is amended
by changing Sections 10, 15, 20, 25, 30, 40, 45, 50, 55, 60,
65, 73, 80, 85, 95, 100, 105, 110, 115, 135, 140, 155, and 180
and by adding Section 12 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.
"ABMGG" "ABMG" means the American Board of Medical
Genetics and Genomics.
"Active candidate status" is awarded to applicants who
have received approval from the ABGC or ABMGG 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

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website or by contacting the Department.
"Department" means the Department of Financial and
Professional Regulation.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
"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, 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

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inherited or genetically influenced condition. This
assessment may involve:
(i) obtaining and analyzing a complete health
history of the person and the person's 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

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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

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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.
"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. 99-173, eff. 7-29-15; 99-633, eff. 1-1-17;
100-201, eff. 8-18-17.)
(225 ILCS 135/12 new)
Sec. 12. Address of record; email address of record. All
applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after the

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change either through the Department's website or by
contacting the Department's licensure maintenance unit.
(225 ILCS 135/15)
(Section scheduled to be repealed on January 1, 2025)
Sec. 15. Exemptions.
(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".
(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",

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"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).
(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.
(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

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counselors.
(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 the person's his or her
salaried position, (ii) the services are performed solely on
behalf of the person's his or her employer, and (iii) that
person does not in any manner represent oneself himself or
herself as or use the title of "genetic counselor" or
"licensed genetic counselor".
(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

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not in any manner held out to the public as a "genetic
counselor" or "licensed genetic counselor" or does not hold
out that person's his or her services as being genetic
counseling.
(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.
(j) Nothing in the Act shall prohibit a visiting ABGC or
ABMGG ABMG certified genetic counselor from outside the State
working as a consultant, or organizations from outside the
State employing ABGC or ABMGG 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
defined by rule.
(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, 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 oneself himself or herself

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out to the public as a genetic counselor under this Act; (ii)
use in connection with a person's 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) (Blank).
(c) No license shall be issued to a business, 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
or the Professional Limited Liability Company Act. 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,

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unless it is organized under the Professional Service
Corporation Act.
(c-1) Except as provided in Section 15, no business
organized under the Professional Service Corporation Act may
practice genetic counseling unless every owner, manager, and
employee of the professional services corporation who renders
genetic counseling services has received specialized training
in genetic counseling and holds a valid license issued under
this Act.
(c-2) Except as provided in Section 15, no business
organized under the Professional Limited Liability Company Act
shall practice genetic counseling unless every member,
manager, and employee of the professional limited liability
company who renders genetic counseling services has received
specialized training in genetic counseling and holds a valid
license issued under this Act. A person who is not licensed
under this Act may be a member of such a professional limited
liability company if the member does not engage in the
practice of genetic counseling or render genetic counseling
services.
(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 or treat any genetic or

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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
the genetic counselor's his or her professional judgment
requires professional service outside the scope of practice as
defined in this Act, the genetic counselor 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;
99-633, eff. 1-1-17.)
(225 ILCS 135/25)
(Section scheduled to be repealed on January 1, 2025)
Sec. 25. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts
to practice, or holds oneself 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 $10,000 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

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suspected unlicensed activity.
(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.
(Source: P.A. 98-813, eff. 1-1-15.)
(225 ILCS 135/30)
(Section scheduled to be repealed on January 1, 2025)
Sec. 30. Powers and duties of the Department. Subject to
the provisions of this Act, the Department may:
(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;
(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;
(c) adopt rules necessary for the administration of
this Act; and
(d) (blank). maintain rosters of the names and
addresses of all licensees and all persons whose licenses

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have been suspended, revoked, or denied. These rosters
shall be available upon written request and payment of the
required fee.
(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
(225 ILCS 135/40)
(Section scheduled to be repealed on January 1, 2025)
Sec. 40. Application for original license. Applications
for original licenses shall be made to the Department on forms
or electronically as 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.
If an applicant fails to obtain a license under this Act
within 3 years after filing an his or her application, the
application shall be denied. The applicant may make a new
application, which shall be accompanied by the required
nonrefundable fee. The applicant shall be required to meet the
qualifications required for licensure at the time of
reapplication.
(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
(225 ILCS 135/45)
(Section scheduled to be repealed on January 1, 2025)

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Sec. 45. Social Security Number or individual taxpayer
identification number on license application. In addition to
any other information required to be contained in the
application, every application for an original license under
this Act shall include the applicant's Social Security Number
or individual taxpayer identification number, which shall be
retained in the agency's records pertaining to the license. As
soon as practical, the Department shall assign a customer's
identification number to each applicant for a license.
Every application for a renewal, reinstated, or restored
license shall require the applicant's customer identification
number.
(Source: P.A. 97-400, eff. 1-1-12; 98-813, eff. 1-1-15.)
(225 ILCS 135/50)
(Section scheduled to be repealed on January 1, 2025)
Sec. 50. Examination.
(a) Applicants for genetic counseling licensure must
provide evidence that they have successfully completed the
certification examination provided by the ABGC or ABMGG ABMG,
if they are master's degree trained genetic counselors, or the
ABMGG ABMG, if they are PhD trained medical geneticists; or
successfully completed the examination provided by the
successor agencies of the ABGC or ABMGG ABMG. The examinations
shall be of a character to fairly test the competence and
qualifications of the applicants to practice genetic

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counseling.
(b) (Blank).
(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
(225 ILCS 135/55)
(Section scheduled to be repealed on January 1, 2025)
Sec. 55. Qualifications for licensure. A person shall be
qualified for licensure as a genetic counselor and the
Department may issue a license if that person:
(1) has applied in writing or electronically 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) (i) has successfully completed a Master's degree
in genetic counseling from an ABGC or ABMGG ABMG
accredited training program or an equivalent program
approved by the ABGC or the ABMGG ABMG or (ii) is a
physician licensed to practice medicine in all its
branches or (iii) has a doctoral degree and has
successfully completed an ABMGG ABMG accredited medical
genetics training program or an equivalent program
approved by the ABMGG ABMG;
(4) has successfully completed an examination provided
by the ABGC or its successor, the ABMGG ABMG or its
successor, or a substantially equivalent examination

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approved by the Department;
(5) has paid the fees required by rule;
(6) has met the requirements for certification set
forth by the ABGC or its successor or the ABMGG ABMG or its
successor; and
(7) has met any other requirements established by
rule.
(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, 2025)
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 ABMGG 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 the applicant he
or she meets the qualifications of this Section.
(Source: P.A. 96-1313, eff. 7-27-10.)

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(225 ILCS 135/65)
(Section scheduled to be repealed on January 1, 2025)
Sec. 65. Licenses; renewal; restoration; person in
military service; inactive status.
(a) The expiration date and renewal period for each
license issued under this Act shall be set by rule. As a
condition of renewal of a license, a licensee must complete
continuing education requirements established by rule of the
Department.
(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.
(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
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 the 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.
(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.
(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
(225 ILCS 135/73)
(Section scheduled to be repealed on January 1, 2025)
Sec. 73. Inactive status. A person licensed under this Act
who notifies the Department in writing on forms or
electronically as prescribed by the Department may elect to
place the his or her license on inactive status and shall,
subject to rule of the Department, be excused from payment of
renewal fees until that person he or she notifies the
Department, in writing, of that person's his or her desire to

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resume active status.
A person requesting restoration from inactive status shall
be required to pay the current renewal fee and shall be
required to restore the his or her license as provided by ,
pursuant to Section 65 of this Act.
Practice by an individual whose license is on inactive
status shall be considered to be the unlicensed practice of
genetic counseling and shall be grounds for discipline under
this Act.
(Source: P.A. 94-661, eff. 1-1-06.)
(225 ILCS 135/80)
(Section scheduled to be repealed on January 1, 2025)
Sec. 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

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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, the person 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 Secretary may waive the fines due under this Section in
individual cases where the Secretary finds that the fines
would be unnecessarily burdensome.
(Source: P.A. 98-813, eff. 1-1-15.)
(225 ILCS 135/85)
(Section scheduled to be repealed on January 1, 2025)
Sec. 85. Endorsement. The Department may issue a license
as a genetic counselor, without administering the required
examination, to an applicant licensed under the laws of
another state, a U.S. territory, or another country if the
requirements for licensure in that state, U.S. territory, or
country are, on the date of licensure, substantially equal to
the requirements of this Act or to a person who, at the time of
his or her application for licensure, possesses individual
qualifications that are substantially equivalent to the
requirements of this Act. An applicant under this Section

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shall pay all of the required fees.
An applicant shall have 3 years from the date of
application to complete the application process. If the
process has not been completed within the 3-year time period,
the application shall be denied, the fee shall be forfeited,
and the applicant shall be required to reapply and meet the
requirements in effect at the time of reapplication.
(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
(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,

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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
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
registered 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

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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

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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
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.

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(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
moneys monies for which services are not rendered.
(26) (Blank).
(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) (Blank).
(b-5) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or

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renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a genetic counselor based solely upon the genetic
counselor authorizing, recommending, aiding, assisting,
referring for, or otherwise participating in any health care
service, so long as the care was not unlawful under the laws of
this State, regardless of whether the patient was a resident
of this State or another state.
(b-10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a genetic counselor based upon the genetic
counselor's license being revoked or suspended, or the genetic
counselor being otherwise disciplined by any other state, if
that revocation, suspension, or other form of discipline was
based solely on the genetic counselor violating another
state's laws prohibiting the provision of, authorization of,
recommendation of, aiding or assisting in, referring for, or
participation in any health care service if that health care
service as provided would not have been unlawful under the
laws of this State and is consistent with the standards of
conduct for the genetic counselor if it occurred in Illinois.
(b-15) The conduct specified in subsections (b-5) and
(b-10) shall not constitute grounds for suspension under
Section 160.

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(b-20) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having authorized, recommended, aided, assisted,
referred for, or otherwise participated in health care shall
not be denied such licensure, certification, or authorization,
unless the Department determines that such action would have
constituted professional misconduct in this State; however,
nothing in this Section shall be construed as prohibiting the
Department from evaluating the conduct of such applicant and
making a determination regarding the licensure, certification,
or authorization to practice a profession under this Act.
(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 the 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

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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.
(g) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-1117, eff. 1-13-23.)

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(225 ILCS 135/100)
(Section scheduled to be repealed on January 1, 2025)
Sec. 100. Violations; injunction; cease and desist order.
(a) If any person violates the provisions of this Act, the
Secretary may, in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois or the State's Attorney of any county in which the
violation is alleged to have occurred, 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 oneself 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

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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.
(Source: P.A. 98-813, eff. 1-1-15.)
(225 ILCS 135/105)
(Section scheduled to be repealed on January 1, 2025)
Sec. 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 the accused 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 the accused he or she fails to answer, a default
judgment will be entered taken against the accused him or her
or that the 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

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the scope, nature, or extent of the accused's his or her
practice, as the Department may deem proper. In case the
person, after receiving notice, fails to file an answer, the
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 considered
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 (i) personal delivery or certified mail to the
applicant's or licensee's address of record or (ii) sending a
copy by email to the applicant's or licensee's email address
of record if the applicant or licensee designated an email
address of record where the applicant or licensee may receive
electronic service for administrative proceedings.
(Source: P.A. 98-813, eff. 1-1-15.)
(225 ILCS 135/110)
(Section scheduled to be repealed on January 1, 2025)
Sec. 110. Record of proceedings; transcript. The
Department, at its expense, shall provide a certified
shorthand reporter to take down the testimony and preserve a
record of all proceedings at the hearing of any case in which a
license may be revoked, suspended, or placed on probationary
status or a licensee may be reprimanded, fined, or subjected

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to other disciplinary action with reference to the license
when a disciplinary action is authorized under this Act and
its rules. The notice of hearing, complaint, and all other
documents in the nature of pleadings and written portions
filed in the proceedings, the transcript of the testimony, the
report of the hearing officer, and the orders of the
Department shall be the records of the proceedings. The record
may be made available to any person interested in the hearing
upon payment of the fee required by Section 2105-115 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois preserve a record of all
proceedings at the formal hearing of any case.
(Source: P.A. 98-813, eff. 1-1-15.)
(225 ILCS 135/115)
(Section scheduled to be repealed on January 1, 2025)
Sec. 115. Subpoenas; depositions; oaths. The Department
may subpoena and bring before it any person in this State and
take the oral or written testimony or compel the production of
any books, papers, records, or any other documents that the
Secretary or the Secretary's his or her designee deems
relevant or material to any investigation or hearing conducted
by the Department with the same fees and mileage and in the
same manner as prescribed in civil cases in the courts of this
State. The Secretary, the shorthand court reporter, and the
designated hearing officer may administer oaths at any hearing

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which the Department conducts. Notwithstanding any other
statute or Department rule to the contrary, all requests for
testimony and for the production of documents or records shall
be in accordance with this Act.
(Source: P.A. 98-813, eff. 1-1-15.)
(225 ILCS 135/135)
(Section scheduled to be repealed on January 1, 2025)
Sec. 135. Secretary; rehearing. Whenever the Secretary
believes justice has not been done in the revocation,
suspension, or refusal to issue or renew a license or the
discipline of a licensee, the Secretary he or she may order a
rehearing.
(Source: P.A. 98-813, eff. 1-1-15.)
(225 ILCS 135/140)
(Section scheduled to be repealed on January 1, 2025)
Sec. 140. Appointment of a hearing officer. The Secretary
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 the hearing officer's his findings of fact, conclusions
of law, and recommendations to the Secretary.
(Source: P.A. 98-813, eff. 1-1-15.)

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(225 ILCS 135/155)
(Section scheduled to be repealed on January 1, 2025)
Sec. 155. Surrender of license. Upon the revocation or
suspension of a license, the licensee shall immediately
surrender the his or her license to the Department. If the
licensee fails to do so, the Department has the right to seize
the license.
(Source: P.A. 93-1041, eff. 9-29-04.)
(225 ILCS 135/180)
(Section scheduled to be repealed on January 1, 2025)
Sec. 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, except that
the provision of paragraph (d) of Section 10-65 of the
Illinois Administrative Procedure Act, which provides that at
hearings the license holder has the right to show compliance
with all lawful requirements for retention, continuation, or
renewal of the certificate, is specifically excluded. For the
purpose of this Act the notice required under Section 10-25 of
the Illinois Administrative Procedure Act is deemed sufficient
when mailed to the last known address of record of a party or
when emailed to the last known email address of record of a
party.

SB2731 Engrossed - 37 - LRB103 35606 SPS 65679 b
(Source: P.A. 98-813, eff. 1-1-15.)
SB2731 Engrossed - 38 - LRB103 35606 SPS 65679 b
INDEX
Statutes amended in order of appearance
5 ILCS 80/4.35
5 ILCS 80/4.40
225 ILCS 135/10
225 ILCS 135/12 new
225 ILCS 135/15
225 ILCS 135/20
225 ILCS 135/25
225 ILCS 135/30
225 ILCS 135/40
225 ILCS 135/45
225 ILCS 135/50
225 ILCS 135/55
225 ILCS 135/60
225 ILCS 135/65
225 ILCS 135/73
225 ILCS 135/80
225 ILCS 135/85
225 ILCS 135/95
225 ILCS 135/100
225 ILCS 135/105
225 ILCS 135/110
225 ILCS 135/115
225 ILCS 135/135
SB2731 Engrossed - 39 - LRB103 35606 SPS 65679 b