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| Public Act 103-0763
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| SB2731 Enrolled | LRB103 35606 SPS 65679 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by |
changing Sections 4.35 and 4.40 as follows:
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(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 Acts repealed on January 1, 2025.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Acts are repealed on January 1, 2025: |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.)
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(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 Acts repealed on January 1, 2030.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Acts are repealed on January 1, 2030: |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.)
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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:
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(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(Section scheduled to be repealed on January 1, 2025) |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.)
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(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.
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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. |
|
(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.)
|
|
(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 |
|
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 |
|
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 |
|
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 |
|
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.)
|
|
(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. |
