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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Genetic Counselor Licensing Act is amended | ||||||
5 | by changing Sections 10, 20, and 95 as follows: | ||||||
6 | (225 ILCS 135/10) | ||||||
7 | (Section scheduled to be repealed on January 1, 2025) | ||||||
8 | Sec. 10. Definitions. As used in this Act: | ||||||
9 | "ABGC" means the American Board of Genetic Counseling. | ||||||
10 | "ABMG" means the American Board of Medical Genetics. | ||||||
11 | "Active candidate status" is awarded to applicants who have | ||||||
12 | received approval from the ABGC or ABMG to sit for their | ||||||
13 | respective certification examinations.
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14 | "Address of record" means the designated address recorded | ||||||
15 | by the Department in the applicant's or licensee's application | ||||||
16 | file or license file as maintained by the Department's | ||||||
17 | licensure maintenance unit. It is the duty of the applicant or | ||||||
18 | licensee to inform the Department of any change of address, and | ||||||
19 | those changes must be made either through the Department's | ||||||
20 | website or by contacting the Department. | ||||||
21 | "Department" means the Department of Financial and | ||||||
22 | Professional Regulation. | ||||||
23 | "Genetic anomaly" means a variation in an individual's DNA |
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1 | that has been shown to confer a genetically influenced disease | ||||||
2 | or predisposition to a genetically influenced disease or makes | ||||||
3 | a person a carrier of such variation. A "carrier" of a genetic | ||||||
4 | anomaly means a person who may or may not have a predisposition | ||||||
5 | or risk of incurring a genetically influenced condition and who | ||||||
6 | is at risk of having offspring with a genetically influenced | ||||||
7 | condition.
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8 | "Genetic counseling" means the provision of services, | ||||||
9 | which may include the ordering of genetic tests , pursuant to a | ||||||
10 | referral, to individuals, couples, groups, families, and | ||||||
11 | organizations by one or more appropriately trained individuals | ||||||
12 | to address the physical and psychological issues associated | ||||||
13 | with the occurrence or risk of occurrence or recurrence of a | ||||||
14 | genetic disorder, birth defect, disease, or potentially | ||||||
15 | inherited or genetically influenced condition in an individual | ||||||
16 | or a family.
"Genetic counseling" consists of the following: | ||||||
17 | (A) Estimating the likelihood of occurrence or | ||||||
18 | recurrence of a birth defect or of any potentially | ||||||
19 | inherited or genetically influenced condition. This | ||||||
20 | assessment may involve: | ||||||
21 | (i) obtaining and analyzing a complete health | ||||||
22 | history of the person and his or her family; | ||||||
23 | (ii) reviewing pertinent medical records; | ||||||
24 | (iii) evaluating the risks from exposure to | ||||||
25 | possible mutagens or teratogens; | ||||||
26 | (iv) recommending genetic testing or other |
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1 | evaluations to diagnose a condition or determine the | ||||||
2 | carrier status of one or more family members; | ||||||
3 | (B) Helping the individual, family, health care | ||||||
4 | provider, or health care professional
(i) appreciate the | ||||||
5 | medical, psychological and social implications of a | ||||||
6 | disorder, including its features, variability, usual | ||||||
7 | course and management options, (ii) learn how genetic | ||||||
8 | factors contribute to the disorder and affect the chance | ||||||
9 | for recurrence of the condition in other family members, | ||||||
10 | and (iii) understand available options for coping with, | ||||||
11 | preventing, or reducing the chance of
occurrence or | ||||||
12 | recurrence of a condition.
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13 | (C) Facilitating an individual's or family's
(i) | ||||||
14 | exploration of the perception of risk and burden associated | ||||||
15 | with the disorder and (ii) adjustment and adaptation to the | ||||||
16 | condition or their genetic risk by addressing needs for
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17 | psychological, social, and medical support.
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18 | "Genetic counselor" means a person licensed under this Act | ||||||
19 | to engage in the practice of genetic counseling. | ||||||
20 | "Genetic testing" and "genetic test" mean a test or | ||||||
21 | analysis of human genes, gene products, DNA, RNA, chromosomes, | ||||||
22 | proteins, or metabolites that detects genotypes, mutations, | ||||||
23 | chromosomal changes, abnormalities, or deficiencies, including | ||||||
24 | carrier status, that (i) are linked to physical or mental | ||||||
25 | disorders or impairments, (ii) indicate a susceptibility to | ||||||
26 | illness, disease, impairment, or other disorders, whether |
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1 | physical or mental, or (iii) demonstrate genetic or chromosomal | ||||||
2 | damage due to environmental factors. "Genetic testing" and | ||||||
3 | "genetic tests" do not include routine physical measurements; | ||||||
4 | chemical, blood and urine analyses that are widely accepted and | ||||||
5 | in use in clinical practice; tests for use of drugs; tests for | ||||||
6 | the presence of the human immunodeficiency virus; analyses of | ||||||
7 | proteins or metabolites that do not detect genotypes, | ||||||
8 | mutations, chromosomal changes, abnormalities, or | ||||||
9 | deficiencies; or analyses of proteins or metabolites that are | ||||||
10 | directly related to a manifested disease, disorder, or | ||||||
11 | pathological condition that could reasonably be detected by a | ||||||
12 | health care professional with appropriate training and | ||||||
13 | expertise in the field of medicine involved. | ||||||
14 | "Person" means an individual, association, partnership, or | ||||||
15 | corporation. | ||||||
16 | "Qualified supervisor" means any person who is a licensed | ||||||
17 | genetic counselor, as defined by rule, or a physician licensed | ||||||
18 | to practice medicine in all its branches. A qualified | ||||||
19 | supervisor may be provided at the applicant's place of work, or | ||||||
20 | may be contracted by the applicant to provide supervision. The | ||||||
21 | qualified supervisor shall file written documentation with
the | ||||||
22 | Department of employment, discharge, or supervisory control of | ||||||
23 | a genetic counselor at the time of employment, discharge, or | ||||||
24 | assumption of supervision of a genetic counselor. | ||||||
25 | "Referral" means a written or telecommunicated | ||||||
26 | authorization for genetic counseling services from a physician |
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1 | licensed to practice medicine in all its branches, a licensed | ||||||
2 | advanced practice nurse, or a licensed physician assistant.
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3 | "Secretary" means the Secretary of Financial and | ||||||
4 | Professional Regulation. | ||||||
5 | "Supervision" means review of aspects of genetic | ||||||
6 | counseling and case management in a bimonthly meeting with the | ||||||
7 | person under supervision.
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8 | (Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15.) | ||||||
9 | (225 ILCS 135/20) | ||||||
10 | (Section scheduled to be repealed on January 1, 2025) | ||||||
11 | Sec. 20. Restrictions and limitations.
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12 | (a) Except as provided in Section 15, no person shall, | ||||||
13 | without a valid license as a genetic counselor issued by the | ||||||
14 | Department (i) in any manner hold himself or herself out to the | ||||||
15 | public as a genetic counselor under this Act; (ii) use in | ||||||
16 | connection with his or her name or place of business the title | ||||||
17 | "genetic counselor", "licensed genetic counselor", "gene | ||||||
18 | counselor", "genetic consultant", or "genetic associate" or | ||||||
19 | any words, letters, abbreviations, or insignia indicating or | ||||||
20 | implying a person has met the qualifications for or has the | ||||||
21 | license issued under this Act; or (iii) offer to render or | ||||||
22 | render to individuals, corporations, or the public genetic | ||||||
23 | counseling services if the words "genetic counselor" or | ||||||
24 | "licensed genetic counselor" are used to describe the person | ||||||
25 | offering to render or rendering them, or "genetic counseling" |
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1 | is used to describe the services rendered or offered to be | ||||||
2 | rendered.
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3 | (b) (Blank). No licensed genetic counselor may provide | ||||||
4 | genetic counseling to individuals, couples, groups, or | ||||||
5 | families without a referral from a physician licensed to | ||||||
6 | practice medicine in all its branches, a licensed advanced | ||||||
7 | practice nurse, or a licensed physician assistant. The | ||||||
8 | physician, advanced practice nurse, or physician assistant | ||||||
9 | shall maintain supervision of the patient and be provided | ||||||
10 | timely written reports on the services, including genetic | ||||||
11 | testing results, provided by the licensed genetic counselor. | ||||||
12 | Genetic testing shall be ordered by a physician licensed to | ||||||
13 | practice medicine in all its branches or a genetic counselor | ||||||
14 | pursuant to a referral that gives the specific authority to | ||||||
15 | order genetic tests. Genetic test results and reports shall be | ||||||
16 | provided to the referring physician, advanced practice nurse, | ||||||
17 | or physician assistant. General seminars or talks to groups or | ||||||
18 | organizations on genetic counseling that do not include | ||||||
19 | individual, couple, or family specific counseling may be | ||||||
20 | conducted without a referral. In clinical settings, genetic | ||||||
21 | counselors who serve as a liaison between family members of a | ||||||
22 | patient and a genetic research project, may, with the consent | ||||||
23 | of the patient, provide information to family members for the | ||||||
24 | purpose of gathering additional information, as it relates to | ||||||
25 | the patient, without a referral. In non-clinical settings where | ||||||
26 | no patient is being treated, genetic counselors who serve as a |
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1 | liaison between a genetic research project and participants in | ||||||
2 | that genetic research project may provide information to the | ||||||
3 | participants, without a referral.
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4 | (c) No association or partnership shall practice genetic | ||||||
5 | counseling unless every member, partner, and employee of the | ||||||
6 | association or partnership who practices genetic counseling or | ||||||
7 | who renders genetic counseling services holds a valid license | ||||||
8 | issued under this Act. No license shall be issued to a | ||||||
9 | corporation, the stated purpose of which includes or which | ||||||
10 | practices or which holds itself out as available to practice | ||||||
11 | genetic counseling, unless it is organized under the | ||||||
12 | Professional Service Corporation Act.
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13 | (d) Nothing in this Act shall be construed as permitting | ||||||
14 | persons licensed as genetic counselors to engage in any manner | ||||||
15 | in the practice of medicine in all its branches as defined by | ||||||
16 | law in this State.
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17 | (e) Nothing in this Act shall be construed to authorize a | ||||||
18 | licensed genetic counselor to diagnose , test (unless | ||||||
19 | authorized in a referral), or treat any genetic or other | ||||||
20 | disease or condition. | ||||||
21 | (f) When, in the course of providing genetic counseling | ||||||
22 | services to any person, a genetic counselor licensed under this | ||||||
23 | Act finds any indication of a disease or condition that in his | ||||||
24 | or her professional judgment requires professional service | ||||||
25 | outside the scope of practice as defined in this Act, he or she | ||||||
26 | shall refer that person to a physician licensed to practice |
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1 | medicine in all of its branches.
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2 | (Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15.) | ||||||
3 | (225 ILCS 135/95) | ||||||
4 | (Section scheduled to be repealed on January 1, 2025) | ||||||
5 | Sec. 95. Grounds for discipline.
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6 | (a) The Department may refuse to issue, renew, or may | ||||||
7 | revoke, suspend, place on probation, reprimand, or take other | ||||||
8 | disciplinary or non-disciplinary action as the Department | ||||||
9 | deems appropriate, including the issuance of fines not to | ||||||
10 | exceed $10,000 for each violation, with regard to any license | ||||||
11 | for any one or more of the following: | ||||||
12 | (1) Material misstatement in furnishing information to | ||||||
13 | the Department or to any other State agency.
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14 | (2) Violations or negligent or intentional disregard | ||||||
15 | of this Act, or any of its rules.
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16 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
17 | finding of guilt, jury verdict, or entry of judgment or | ||||||
18 | sentencing, including, but not limited to, convictions, | ||||||
19 | preceding sentences of supervision, conditional discharge, | ||||||
20 | or first offender probation, under the laws of any | ||||||
21 | jurisdiction of the United States: (i) that is a felony or | ||||||
22 | (ii) that is a misdemeanor, an essential element of which | ||||||
23 | is dishonesty, or that is directly related to the practice | ||||||
24 | of genetic counseling.
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25 | (4) Making any misrepresentation for the purpose of |
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1 | obtaining a license, or violating any provision of this Act | ||||||
2 | or its rules. | ||||||
3 | (5) Negligence in the rendering of genetic counseling | ||||||
4 | services.
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5 | (6) Failure to provide genetic testing results and any | ||||||
6 | requested information to a referring physician licensed to | ||||||
7 | practice medicine in all its branches, advanced practice | ||||||
8 | nurse, or physician assistant.
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9 | (7) Aiding or assisting another person in violating any | ||||||
10 | provision of this Act or any rules.
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11 | (8) Failing to provide information within 60 days in | ||||||
12 | response to a written request made by the Department.
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13 | (9) Engaging in dishonorable, unethical, or | ||||||
14 | unprofessional conduct of a character likely to deceive, | ||||||
15 | defraud, or harm the public and violating the rules of | ||||||
16 | professional conduct adopted by the Department.
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17 | (10) Failing to maintain the confidentiality of any | ||||||
18 | information received from a client, unless otherwise | ||||||
19 | authorized or required by law.
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20 | (10.5) Failure to maintain client records of services | ||||||
21 | provided and provide copies to clients upon request. | ||||||
22 | (11) Exploiting a client for personal advantage, | ||||||
23 | profit, or interest.
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24 | (12) Habitual or excessive use or addiction to alcohol, | ||||||
25 | narcotics, stimulants, or any other chemical agent or drug | ||||||
26 | which results in inability to practice with reasonable |
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1 | skill, judgment, or safety.
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2 | (13) Discipline by another governmental agency or unit | ||||||
3 | of government, by any jurisdiction of the United States, or | ||||||
4 | by a foreign nation, if at least one of the grounds for the | ||||||
5 | discipline is the same or substantially equivalent to those | ||||||
6 | set forth in this Section.
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7 | (14) Directly or indirectly giving to or receiving from | ||||||
8 | any person, firm, corporation, partnership, or association | ||||||
9 | any fee, commission, rebate, or other form of compensation | ||||||
10 | for any professional service not actually rendered. | ||||||
11 | Nothing in this paragraph (14) affects any bona fide | ||||||
12 | independent contractor or employment arrangements among | ||||||
13 | health care professionals, health facilities, health care | ||||||
14 | providers, or other entities, except as otherwise | ||||||
15 | prohibited by law. Any employment arrangements may include | ||||||
16 | provisions for compensation, health insurance, pension, or | ||||||
17 | other employment benefits for the provision of services | ||||||
18 | within the scope of the licensee's practice under this Act. | ||||||
19 | Nothing in this paragraph (14) shall be construed to | ||||||
20 | require an employment arrangement to receive professional | ||||||
21 | fees for services rendered. | ||||||
22 | (15) A finding by the Department that the licensee, | ||||||
23 | after having the license placed on probationary status has | ||||||
24 | violated the terms of probation.
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25 | (16) Failing to refer a client to other health care | ||||||
26 | professionals when the licensee is unable or unwilling to |
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1 | adequately support or serve the client.
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2 | (17) Willfully filing false reports relating to a | ||||||
3 | licensee's practice, including but not limited to false | ||||||
4 | records filed with federal or State agencies or | ||||||
5 | departments.
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6 | (18) Willfully failing to report an instance of | ||||||
7 | suspected child abuse or neglect as required by the Abused | ||||||
8 | and Neglected Child Reporting Act.
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9 | (19) Being named as a perpetrator in an indicated | ||||||
10 | report by the Department of Children and Family Services | ||||||
11 | pursuant to the Abused and Neglected Child Reporting Act, | ||||||
12 | and upon proof by clear and convincing evidence that the | ||||||
13 | licensee has caused a child to be an abused child or | ||||||
14 | neglected child as defined in the Abused and Neglected | ||||||
15 | Child Reporting Act.
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16 | (20) Physical or mental disability, including | ||||||
17 | deterioration through the aging process or loss of | ||||||
18 | abilities and skills which results in the inability to | ||||||
19 | practice the profession with reasonable judgment, skill, | ||||||
20 | or safety.
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21 | (21) Solicitation of professional services by using | ||||||
22 | false or misleading advertising.
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23 | (22) Failure to file a return, or to pay the tax, | ||||||
24 | penalty of interest shown in a filed return, or to pay any | ||||||
25 | final assessment of tax, penalty or interest, as required | ||||||
26 | by any tax Act administered by the Illinois Department of |
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1 | Revenue or any successor agency or the Internal Revenue | ||||||
2 | Service or any successor agency.
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3 | (23) Fraud or making any misrepresentation in applying | ||||||
4 | for or procuring a license under this Act or in connection | ||||||
5 | with applying for renewal of a license under this Act.
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6 | (24) Practicing or attempting to practice under a name | ||||||
7 | other than the full name as shown on the license or any | ||||||
8 | other legally authorized name.
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9 | (25) Gross overcharging for professional services, | ||||||
10 | including filing statements for collection of fees or | ||||||
11 | monies for which services are not rendered.
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12 | (26) (Blank). Providing genetic counseling services to | ||||||
13 | individuals, couples, groups, or families without a | ||||||
14 | referral from either a physician licensed to practice | ||||||
15 | medicine in all its branches, a licensed advanced practice | ||||||
16 | nurse, or a licensed physician assistant.
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17 | (27) Charging for professional services not rendered, | ||||||
18 | including filing false statements for the collection of | ||||||
19 | fees for which services are not rendered. | ||||||
20 | (28) Allowing one's license under this Act to be used | ||||||
21 | by an unlicensed person in violation of this Act. | ||||||
22 | (b) The Department shall deny, without hearing, any | ||||||
23 | application or renewal for a license under this Act to any | ||||||
24 | person who has defaulted on an educational loan guaranteed by | ||||||
25 | the Illinois State Assistance Commission; however, the | ||||||
26 | Department may issue a license or renewal if the person in |
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1 | default has established a satisfactory repayment record as | ||||||
2 | determined by the Illinois Student Assistance Commission.
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3 | (c) The determination by a court that a licensee is subject | ||||||
4 | to involuntary admission or judicial admission as provided in | ||||||
5 | the Mental Health and Developmental Disabilities Code will | ||||||
6 | result in an automatic suspension of his or her license. The | ||||||
7 | suspension will end upon a finding by a court that the licensee | ||||||
8 | is no longer subject to involuntary admission or judicial | ||||||
9 | admission, the issuance of an order so finding and discharging | ||||||
10 | the patient, and the determination of the Secretary that the | ||||||
11 | licensee be allowed to resume professional practice. | ||||||
12 | (d) The Department may refuse to issue or renew or may | ||||||
13 | suspend without hearing the license of any person who fails to | ||||||
14 | file a return, to pay the tax penalty or interest shown in a | ||||||
15 | filed return, or to pay any final assessment of the tax, | ||||||
16 | penalty, or interest as required by any Act regarding the | ||||||
17 | payment of taxes administered by the Illinois Department of | ||||||
18 | Revenue until the requirements of the Act are satisfied in | ||||||
19 | accordance with subsection (g) of Section 2105-15 of the Civil | ||||||
20 | Administrative Code of Illinois. | ||||||
21 | (e) In cases where the Department of Healthcare and Family | ||||||
22 | Services has previously determined that a licensee or a | ||||||
23 | potential licensee is more than 30 days delinquent in the | ||||||
24 | payment of child support and has subsequently certified the | ||||||
25 | delinquency to the Department, the Department may refuse to | ||||||
26 | issue or renew or may revoke or suspend that person's license |
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1 | or may take other disciplinary action against that person based | ||||||
2 | solely upon the certification of delinquency made by the | ||||||
3 | Department of Healthcare and Family Services in accordance with | ||||||
4 | item (5) of subsection (a) of Section 2105-15 of the Department | ||||||
5 | of Professional Regulation Law of the Civil Administrative Code | ||||||
6 | of Illinois. | ||||||
7 | (f) All fines or costs imposed under this Section shall be | ||||||
8 | paid within 60 days after the effective date of the order | ||||||
9 | imposing the fine or costs or in accordance with the terms set | ||||||
10 | forth in the order imposing the fine.
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11 | (Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15.)
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