Bill Text: IL SB2737 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Genetic Counselor Licensing Act. Defines "address of record". Increases the penalty that may be imposed on an unlicensed person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice as a genetic counselor to an amount not exceed $10,000 (rather than $5,000). Makes changes to certain procedural requirements of the application process. Increases the penalty that may be imposed on a person under provisions concerning grounds for disciplinary actions to an amount not to exceed $10,000 (rather than $5,000). Makes other changes concerning grounds for discipline. Provides that the Secretary of Financial and Professional Regulation may petition for an order enjoining a violation under the Act through the State's Attorney of any county where the violation is alleged to have occurred. Makes changes to provisions regarding the Department's authority to conduct disciplinary investigations and hearings. Removes the requirement that the Department furnish documents relating to disciplinary hearings. Makes other changes. Amends the Regulatory Sunset Act. Extends the repeal date of the Genetic Counselor Licensing Act from January 1, 2015 to January 1, 2025.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB2737 Detail]

Download: Illinois-2013-SB2737-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB2737 Introduced 1/28/2014, by Sen. Iris Y. Martinez SYNOPSIS AS INTRODUCED:
See Index
Amends the Genetic Counselor Licensing Act. Defines "address of record". Increases the penalty that may be imposed on an unlicensed person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice as a genetic counselor to an amount not exceed $10,000 (rather than $5,000). Makes changes to certain procedural requirements of the application process. Increases the penalty that may be imposed on a person under provisions concerning grounds for disciplinary actions to an amount not to exceed $10,000 (rather than $5,000). Makes other changes concerning grounds for discipline. Provides that the Secretary of Financial and Professional Regulation may petition for an order enjoining a violation under the Act through the State's Attorney of any county where the violation is alleged to have occurred. Makes changes to provisions regarding the Department's authority to conduct disciplinary investigations and hearings. Removes the requirement that the Department furnish documents relating to disciplinary hearings. Makes other changes. Amends the Regulatory Sunset Act. Extends the repeal date of the Genetic Counselor Licensing Act from January 1, 2015 to January 1, 2025.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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 adding
Section 4.35 as follows:
(5 ILCS 80/4.35 new)
Sec. 4.35. Act repealed on January 1, 2025. The following
Act is repealed on January 1, 2025:
The Genetic Counselor Licensing Act.
(5 ILCS 80/4.25 rep.)
Section 10. The Regulatory Sunset Act is amended by
repealing Section 4.25.
Section 15. The Genetic Counselor Licensing Act is amended
by changing Sections 10, 20, 25, 45, 80, 95, 100, 105, 110,
115, 120, 125, 135, 140, 145, 150, 160, 170, and 180 and by
adding Section 190 as follows:
(225 ILCS 135/10)
(Section scheduled to be repealed on January 1, 2015)
Sec. 10. Definitions. As used in this Act:
"ABGC" means the American Board of Genetic Counseling.

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"ABMG" means the American Board of Medical Genetics.
"Active candidate status" is awarded to applicants who have
received approval from the ABGC or ABMG to sit for their
respective certification examinations.
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address, and
those changes must be made either through the Department's
website or by contacting the Department.
"Department" means the Department of Financial and
Professional Regulation.
"Director" means the Director of Professional Regulation.
"Genetic anomaly" means a variation in an individual's DNA
that has been shown to confer a genetically influenced disease
or predisposition to a genetically influenced disease or makes
a person a carrier of such variation. A "carrier" of a genetic
anomaly means a person who may or may not have a predisposition
or risk of incurring a genetically influenced condition and who
is at risk of having offspring with a genetically influenced
condition.
"Genetic counseling" means the provision of services,
which may include the ordering of genetic tests, pursuant to a
referral, to individuals, couples, groups, families, and
organizations by one or more appropriately trained individuals

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to address the physical and psychological issues associated
with the occurrence or risk of occurrence or recurrence of a
genetic disorder, birth defect, disease, or potentially
inherited or genetically influenced condition in an individual
or a family. "Genetic counseling" consists of the following:
(A) Estimating the likelihood of occurrence or
recurrence of a birth defect or of any potentially
inherited or genetically influenced condition. This
assessment may involve:
(i) obtaining and analyzing a complete health
history of the person and his or her family;
(ii) reviewing pertinent medical records;
(iii) evaluating the risks from exposure to
possible mutagens or teratogens;
(iv) recommending genetic testing or other
evaluations to diagnose a condition or determine the
carrier status of one or more family members;
(B) Helping the individual, family, health care
provider, or health care professional (i) appreciate the
medical, psychological and social implications of a
disorder, including its features, variability, usual
course and management options, (ii) learn how genetic
factors contribute to the disorder and affect the chance
for recurrence of the condition in other family members,
and (iii) understand available options for coping with,
preventing, or reducing the chance of occurrence or

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recurrence of a condition.
(C) Facilitating an individual's or family's (i)
exploration of the perception of risk and burden associated
with the disorder and (ii) adjustment and adaptation to the
condition or their genetic risk by addressing needs for
psychological, social, and medical support.
"Genetic counselor" means a person licensed under this Act
to engage in the practice of genetic counseling.
"Genetic testing" and "genetic test" mean a test or
analysis of human genes, gene products, DNA, RNA, chromosomes,
proteins, or metabolites that detects genotypes, mutations,
chromosomal changes, abnormalities, or deficiencies, including
carrier status, that (i) are linked to physical or mental
disorders or impairments, (ii) indicate a susceptibility to
illness, disease, impairment, or other disorders, whether
physical or mental, or (iii) demonstrate genetic or chromosomal
damage due to environmental factors. "Genetic testing" and
"genetic tests" do not include routine physical measurements;
chemical, blood and urine analyses that are widely accepted and
in use in clinical practice; tests for use of drugs; tests for
the presence of the human immunodeficiency virus; analyses of
proteins or metabolites that do not detect genotypes,
mutations, chromosomal changes, abnormalities, or
deficiencies; or analyses of proteins or metabolites that are
directly related to a manifested disease, disorder, or
pathological condition that could reasonably be detected by a

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health care professional with appropriate training and
expertise in the field of medicine involved.
"Person" means an individual, association, partnership, or
corporation.
"Qualified supervisor" means any person who is a licensed
genetic counselor, as defined by rule, or a physician licensed
to practice medicine in all its branches. A qualified
supervisor may be provided at the applicant's place of work, or
may be contracted by the applicant to provide supervision. The
qualified supervisor shall file written documentation with the
Department of employment, discharge, or supervisory control of
a genetic counselor at the time of employment, discharge, or
assumption of supervision of a genetic counselor.
"Referral" means a written or telecommunicated
authorization for genetic counseling services from a physician
licensed to practice medicine in all its branches, an advanced
practice nurse who has a collaborative agreement with a
collaborating physician that authorizes referrals to a genetic
counselor, or a physician assistant who has a supervision
agreement with a supervising physician that authorizes
referrals to a genetic counselor.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Supervision" means review of aspects of genetic
counseling and case management in a bimonthly meeting with the
person under supervision.

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(Source: P.A. 96-1313, eff. 7-27-10.)
(225 ILCS 135/20)
(Section scheduled to be repealed on January 1, 2015)
Sec. 20. Restrictions and limitations.
(a) Except Beginning 12 months after the adoption of the
final administrative rules, except as provided in Section 15,
no person shall, without a valid license as a genetic counselor
issued by the Department (i) in any manner hold himself or
herself out to the public as a genetic counselor under this
Act; (ii) use in connection with his or her name or place of
business the title "genetic counselor", "licensed genetic
counselor", "gene counselor", "genetic consultant", or
"genetic associate" or any words, letters, abbreviations, or
insignia indicating or implying a person has met the
qualifications for or has the license issued under this Act; or
(iii) offer to render or render to individuals, corporations,
or the public genetic counseling services if the words "genetic
counselor" or "licensed genetic counselor" are used to describe
the person offering to render or rendering them, or "genetic
counseling" is used to describe the services rendered or
offered to be rendered.
(b) No Beginning 12 months after the adoption of the final
administrative rules, no licensed genetic counselor may
provide genetic counseling to individuals, couples, groups, or
families without a referral from a physician licensed to

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practice medicine in all its branches, an advanced practice
nurse who has a collaborative agreement with a collaborating
physician that authorizes referrals to a genetic counselor, or
a physician assistant who has been delegated authority to make
referrals to genetic counselors. The physician, advanced
practice nurse, or physician assistant shall maintain
supervision of the patient and be provided timely written
reports on the services, including genetic testing results,
provided by the licensed genetic counselor. Genetic testing
shall be ordered by a physician licensed to practice medicine
in all its branches or a genetic counselor pursuant to a
referral that gives the specific authority to order genetic
tests. Genetic test results and reports shall be provided to
the referring physician, advanced practice nurse, or physician
assistant. General seminars or talks to groups or organizations
on genetic counseling that do not include individual, couple,
or family specific counseling may be conducted without a
referral. In clinical settings, genetic counselors who serve as
a liaison between family members of a patient and a genetic
research project, may, with the consent of the patient, provide
information to family members for the purpose of gathering
additional information, as it relates to the patient, without a
referral. In non-clinical settings where no patient is being
treated, genetic counselors who serve as a liaison between a
genetic research project and participants in that genetic
research project may provide information to the participants,

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without a referral.
(c) No Beginning 12 months after the adoption of the final
administrative rules, no association or partnership shall
practice genetic counseling unless every member, partner, and
employee of the association or partnership who practices
genetic counseling or who renders genetic counseling services
holds a valid license issued under this Act. No license shall
be issued to a corporation, the stated purpose of which
includes or which practices or which holds itself out as
available to practice genetic counseling, unless it is
organized under the Professional Service Corporation Act.
(d) Nothing in this Act shall be construed as permitting
persons licensed as genetic counselors to engage in any manner
in the practice of medicine in all its branches as defined by
law in this State.
(e) Nothing in this Act shall be construed to authorize a
licensed genetic counselor to diagnose, test (unless
authorized in a referral), or treat any genetic or other
disease or condition.
(f) When, in the course of providing genetic counseling
services to any person, a genetic counselor licensed under this
Act finds any indication of a disease or condition that in his
or her professional judgment requires professional service
outside the scope of practice as defined in this Act, he or she
shall refer that person to a physician licensed to practice
medicine in all of its branches.

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(Source: P.A. 96-1313, eff. 7-27-10.)
(225 ILCS 135/25)
(Section scheduled to be repealed on January 1, 2015)
Sec. 25. Unlicensed practice; violation; civil penalty.
(a) Any Beginning 12 months after the adoption of the final
administrative rules, any person who practices, offers to
practice, attempts to practice, or holds 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 $5,000 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
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. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
(225 ILCS 135/45)

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(Section scheduled to be repealed on January 1, 2015)
Sec. 45. Social Security 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, 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.)
(225 ILCS 135/80)
(Section scheduled to be repealed on January 1, 2015)
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

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30 calendar days after notification. If, after the expiration
of 30 days from the date of the notification, the person has
failed to submit 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, 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 Director may waive the fines due under this
Section in individual cases where the Secretary Director finds
that the fines would be unnecessarily burdensome.
(Source: P.A. 93-1041, eff. 9-29-04.)
(225 ILCS 135/95)
(Section scheduled to be repealed on January 1, 2015)
Sec. 95. Grounds for discipline.
(a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department
deems appropriate, including the issuance of fines not to
exceed $10,000 $1,000 for each violation, with regard to any
license for any one or more of the following:
(1) Material misstatement in furnishing information to

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the Department or to any other State agency.
(2) Violations or negligent or intentional disregard
of this Act, or any of its rules.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States: (i) that is a felony or
(ii) that is a misdemeanor, an essential element of which
is dishonesty, or that is directly related to the practice
of genetic counseling. Conviction of any crime under the
laws of the United States or any state or territory thereof
that is a felony, a misdemeanor, an essential element of
which is dishonesty, or a crime that is directly related to
the practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining a license, or violating any provision of this Act
or its rules.
(5) Negligence Gross negligence in the rendering of
genetic counseling services.
(6) Failure to provide genetic testing results and any
requested information to a referring physician licensed to
practice medicine in all its branches, advanced practice
nurse, or physician assistant.
(7) Aiding or assisting another person in violating any

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provision of this Act or any rules.
(8) Failing to provide information within 60 days in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public and violating the rules of
professional conduct adopted by the Department.
(10) Failing to maintain the confidentiality of any
information received from a client, unless otherwise
authorized or required by law.
(10.5) Failure to maintain client records of services
provided and provide copies to clients upon request.
(11) Exploiting a client for personal advantage,
profit, or interest.
(12) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
which results in inability to practice with reasonable
skill, judgment, or safety.
(13) Discipline by another governmental agency or unit
of government, by any jurisdiction of the United States, or
by a foreign nation jurisdiction, if at least one of the
grounds for the discipline is the same or substantially
equivalent to those set forth in this Section.
(14) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation

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for any professional service not actually rendered.
Nothing in this paragraph (14) affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this Act.
Nothing in this paragraph (14) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(15) A finding by the Department that the licensee,
after having the license placed on probationary status has
violated the terms of probation.
(16) Failing to refer a client to other health care
professionals when the licensee is unable or unwilling to
adequately support or serve the client.
(17) Willfully filing false reports relating to a
licensee's practice, including but not limited to false
records filed with federal or State agencies or
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

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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. A
finding that licensure has been applied for or obtained by
fraudulent means.
(24) Practicing or attempting to practice under a name
other than the full name as shown on the license or any

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other legally authorized name.
(25) Gross overcharging for professional services,
including filing statements for collection of fees or
monies for which services are not rendered.
(26) Providing genetic counseling services to
individuals, couples, groups, or families without a
referral from either a physician licensed to practice
medicine in all its branches, an advanced practice nurse
who has a collaborative agreement with a collaborating
physician that authorizes the advanced practice nurse to
make referrals to a genetic counselor, or a physician
assistant who has been delegated authority to make
referrals to genetic counselors.
(27) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.
(28) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
(b) The Department shall deny, without hearing, any
application or renewal for a license under this Act to any
person who has defaulted on an educational loan guaranteed by
the Illinois State Assistance Commission; however, the
Department may issue a license or renewal if the person in
default has established a satisfactory repayment record as
determined by the Illinois Student Assistance Commission.
(c) The determination by a court that a licensee is subject

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to involuntary admission or judicial admission as provided in
the Mental Health and Developmental Disabilities Code will
result in an automatic suspension of his or her license. The
suspension will end upon a finding by a court that the licensee
is no longer subject to involuntary admission or judicial
admission, the issuance of an order so finding and discharging
the patient, and the determination of the Secretary Director
that the licensee be allowed to resume professional practice.
(d) The Department may refuse to issue or renew or may
suspend without hearing the license of any person who fails to
file a return, to pay the tax penalty or interest shown in a
filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any Act regarding the
payment of taxes administered by the Illinois Department of
Revenue until the requirements of the Act are satisfied in
accordance with subsection (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(e) In cases where the Department of Healthcare and Family
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person based
solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance with

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item (5) of subsection (a) of Section 2105-15 of the Department
of Professional Regulation Law of the Civil Administrative Code
of Illinois.
(f) All fines or costs imposed under this Section shall be
paid within 60 days after the effective date of the order
imposing the fine or costs or in accordance with the terms set
forth in the order imposing the fine.
(Source: P.A. 96-1313, eff. 7-27-10; 96-1482, eff. 11-29-10;
97-813, eff. 7-13-12.)
(225 ILCS 135/100)
(Section scheduled to be repealed on January 1, 2015)
Sec. 100. Violations; injunction; cease and desist order.
(a) If any person violates the provisions of this Act, the
Secretary Director 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

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remedies and penalties provided by this Act.
(b) If any person holds 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. 93-1041, eff. 9-29-04.)
(225 ILCS 135/105)
(Section scheduled to be repealed on January 1, 2015)
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

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charges made and the time and place for the hearing on the
charges, (ii) direct 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 he
or she fails to answer, default will be taken against him or
her or that 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 his or her practice, as the
Department may deem proper. In case the person, after receiving
notice, fails to file an answer, 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 deemed 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 personal
delivery or certified mail to the licensee's address of record
address specified by the accused in his or her last
notification to the Department.
(Source: P.A. 93-1041, eff. 9-29-04.)
(225 ILCS 135/110)
(Section scheduled to be repealed on January 1, 2015)
Sec. 110. Record of proceedings; transcript. The

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Department, at its expense, shall preserve a record of all
proceedings at the formal hearing of any case. The notice of
hearing, complaint, all other documents in the nature of
pleadings, written motions filed in the proceedings, the
transcript of testimony, the report of the hearing officer and
orders of the Department shall be in the record of such
proceeding. The Department shall furnish a transcript of the
record to any person interested in the hearing upon payment of
the fee required under Section 2105-115 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(Source: P.A. 93-1041, eff. 9-29-04.)
(225 ILCS 135/115)
(Section scheduled to be repealed on January 1, 2015)
Sec. 115. Subpoenas; depositions; oaths. The Department
may has the power to subpoena and to bring before it any person
in this State and to take the oral or written testimony or
compel the production of any books, papers, records, or any
other documents that the Secretary or his or her designee deems
relevant or material to any investigation or hearing conducted
by the Department either orally or by deposition, or both, 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, Director and the designated hearing
officer may has the power to administer oaths to witnesses at

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any hearing which the Department conducts is authorized to
conduct, and any other oaths authorized in any Act administered
by the Department. 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. 93-1041, eff. 9-29-04.)
(225 ILCS 135/120)
(Section scheduled to be repealed on January 1, 2015)
Sec. 120. Compelling testimony. Any court, upon
application of the Department, designated hearing officer, or
the applicant or licensee against whom proceedings under
Section 95 of this Act are pending, may enter an order
requiring the attendance and testimony of witnesses and their
testimony and the production of relevant documents, papers,
files, books, and records in connection with any hearing or
investigation. The court may compel obedience to its order by
proceedings for contempt.
(Source: P.A. 93-1041, eff. 9-29-04.)
(225 ILCS 135/125)
(Section scheduled to be repealed on January 1, 2015)
Sec. 125. Findings and recommendations. At the conclusion
of the hearing, the hearing officer shall present to the
Secretary Director a written report of its findings of fact,

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conclusions of law, and recommendations. The report shall
contain a finding whether the licensee violated this Act or
failed to comply with the conditions required in this Act. The
hearing officer shall specify the nature of the violation or
failure to comply, and shall make its recommendations to the
Secretary Director. The report of findings of fact, conclusions
of law, and recommendation of the hearing officer shall be the
basis for the Department's order for refusing to issue,
restore, or renew a license, or for otherwise disciplining a
licensee refusal or for the granting of the license. If the
Secretary Director disagrees with the recommendations of the
hearing officer, the Secretary Director may issue an order in
contravention of the hearing officer's recommendations. The
finding is not admissible in evidence against the person in a
criminal prosecution brought for the violation of this Act, but
the hearing and findings are not a bar to a criminal
prosecution brought for the violation of this Act.
(Source: P.A. 93-1041, eff. 9-29-04.)
(225 ILCS 135/135)
(Section scheduled to be repealed on January 1, 2015)
Sec. 135. Secretary Director; rehearing. Whenever the
Secretary Director believes justice has not been done in the
revocation, suspension, or refusal to issue or renew a license
or the discipline of a licensee, he or she may order a
rehearing.

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(Source: P.A. 93-1041, eff. 9-29-04.)
(225 ILCS 135/140)
(Section scheduled to be repealed on January 1, 2015)
Sec. 140. Appointment of a hearing officer. The Secretary
Director 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 his findings of fact, conclusions of law, and
recommendations to the Secretary Director.
(Source: P.A. 93-1041, eff. 9-29-04.)
(225 ILCS 135/145)
(Section scheduled to be repealed on January 1, 2015)
Sec. 145. Order or certified copy; prima facie proof. An
order or certified copy thereof, over the seal of the
Department and purporting to be signed by the Secretary
Director, is prima facie proof that:
(1) the signature is the genuine signature of the
Secretary Director; and
(2) the Secretary Director is duly appointed and
qualified.
(Source: P.A. 93-1041, eff. 9-29-04.)

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(225 ILCS 135/150)
(Section scheduled to be repealed on January 1, 2015)
Sec. 150. Restoration of license from discipline suspended
or revoked license. At any time after the successful completion
of a term of indefinite probation, suspension, or revocation of
a license, the Department may restore the license to active
status, unless, after an investigation and a hearing, the
Secretary determines that restoration is not in the public
interest. No person whose license has been revoked as
authorized in this Act may apply for restoration of that
license until such time as provided for in the Civil
Administrative Code of Illinois. At any time after the
suspension or revocation of any license, the Department may
restore it to the licensee, unless after an investigation and
hearing the Director determines that restoration is not in the
public interest.
(Source: P.A. 93-1041, eff. 9-29-04.)
(225 ILCS 135/160)
(Section scheduled to be repealed on January 1, 2015)
Sec. 160. Summary suspension of license. The Secretary
Director may summarily suspend the license of a genetic
counselor without a hearing, simultaneously with the
institution of proceedings for a hearing provided for in
Section 105 of this Act, if the Secretary Director finds that
the evidence in the possession of the Director indicates that

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the continuation of practice by the genetic counselor would
constitute an imminent danger to the public. In the event that
the Secretary Director summarily suspends the license of an
individual without a hearing, a hearing must be held within 30
days after the suspension has occurred and shall be concluded
as expeditiously as possible.
(Source: P.A. 93-1041, eff. 9-29-04.)
(225 ILCS 135/170)
(Section scheduled to be repealed on January 1, 2015)
Sec. 170. Certification of record; costs. The Department
shall not be required to certify any record to the court, to
file an answer in court, or to otherwise appear in any court in
a judicial review proceeding, unless and until the Department
has received from the plaintiff there is filed in the court,
with the complaint, a receipt from the Department acknowledging
payment of the costs of furnishing and certifying the record,
which costs shall be determined by the Department. Failure on
the part of the plaintiff to file the receipt in court is
grounds for dismissal of the action.
(Source: P.A. 93-1041, eff. 9-29-04.)
(225 ILCS 135/180)
(Section scheduled to be repealed on January 1, 2015)
Sec. 180. Administrative Procedure Act; application. The
Illinois Administrative Procedure Act is hereby expressly

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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 a party or the address
of record.
(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
(225 ILCS 135/190 new)
Sec. 190. Confidentiality. All information collected by
the Department in the course of an examination or investigation
of a licensee or applicant, including, but not limited to, any
complaint against a licensee filed with the Department and
information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
shall not be disclosed. The Department shall not disclose the
information to anyone other than law enforcement officials,
regulatory agencies that have an appropriate regulatory
interest as determined by the Secretary, or a party presenting
a lawful subpoena to the Department. Information and documents
disclosed to a federal, State, county, or local law enforcement

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agency shall not be disclosed by the agency for any purpose to
any other agency or person. A formal complaint filed against a
licensee or registrant by the Department or any other complaint
issued by the Department against a licensee, registrant, or
applicant shall be a public record, except as otherwise
prohibited by law.
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INDEX
Statutes amended in order of appearance