Full Text of SB0643 98th General Assembly
SB0643sam001 98TH GENERAL ASSEMBLY | Sen. Iris Y. Martinez Filed: 4/2/2014
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| 1 | | AMENDMENT TO SENATE BILL 643
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 643 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Regulatory Sunset Act is amended by adding | 5 | | Section 4.35 as follows: | 6 | | (5 ILCS 80/4.35 new) | 7 | | Sec. 4.35. Act repealed on January 1, 2025. The following | 8 | | Act is repealed on January 1, 2025: | 9 | | The Genetic Counselor Licensing Act. | 10 | | (5 ILCS 80/4.25 rep.) | 11 | | Section 10. The Regulatory Sunset Act is amended by | 12 | | repealing Section 4.25. | 13 | | Section 15. The Genetic Counselor Licensing Act is amended | 14 | | by changing Sections 10, 20, 25, 45, 80, 95, 100, 105, 110, |
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| 1 | | 115, 120, 125, 135, 140, 145, 150, 160, 170, and 180 and by | 2 | | adding Section 190 as follows: | 3 | | (225 ILCS 135/10)
| 4 | | (Section scheduled to be repealed on January 1, 2015) | 5 | | Sec. 10. Definitions. As used in this Act: | 6 | | "ABGC" means the American Board of Genetic Counseling. | 7 | | "ABMG" means the American Board of Medical Genetics. | 8 | | "Active candidate status" is awarded to applicants who have | 9 | | received approval from the ABGC or ABMG to sit for their | 10 | | respective certification examinations.
| 11 | | "Address of record" means the designated address recorded | 12 | | by the Department in the applicant's or licensee's application | 13 | | file or license file as maintained by the Department's | 14 | | licensure maintenance unit. It is the duty of the applicant or | 15 | | licensee to inform the Department of any change of address, and | 16 | | those changes must be made either through the Department's | 17 | | website or by contacting the Department. | 18 | | "Department" means the Department of Financial and | 19 | | Professional Regulation. | 20 | | "Director" means the Director of Professional Regulation. | 21 | | "Genetic anomaly" means a variation in an individual's DNA | 22 | | that has been shown to confer a genetically influenced disease | 23 | | or predisposition to a genetically influenced disease or makes | 24 | | a person a carrier of such variation. A "carrier" of a genetic | 25 | | anomaly means a person who may or may not have a predisposition |
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| 1 | | or risk of incurring a genetically influenced condition and who | 2 | | is at risk of having offspring with a genetically influenced | 3 | | condition.
| 4 | | "Genetic counseling" means the provision of services, | 5 | | which may include the ordering of genetic tests, pursuant to a | 6 | | referral, to individuals, couples, groups, families, and | 7 | | organizations by one or more appropriately trained individuals | 8 | | to address the physical and psychological issues associated | 9 | | with the occurrence or risk of occurrence or recurrence of a | 10 | | genetic disorder, birth defect, disease, or potentially | 11 | | inherited or genetically influenced condition in an individual | 12 | | or a family.
"Genetic counseling" consists of the following: | 13 | | (A) Estimating the likelihood of occurrence or | 14 | | recurrence of a birth defect or of any potentially | 15 | | inherited or genetically influenced condition. This | 16 | | assessment may involve: | 17 | | (i) obtaining and analyzing a complete health | 18 | | history of the person and his or her family; | 19 | | (ii) reviewing pertinent medical records; | 20 | | (iii) evaluating the risks from exposure to | 21 | | possible mutagens or teratogens; | 22 | | (iv) recommending genetic testing or other | 23 | | evaluations to diagnose a condition or determine the | 24 | | carrier status of one or more family members; | 25 | | (B) Helping the individual, family, health care | 26 | | provider, or health care professional
(i) appreciate the |
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| 1 | | medical, psychological and social implications of a | 2 | | disorder, including its features, variability, usual | 3 | | course and management options, (ii) learn how genetic | 4 | | factors contribute to the disorder and affect the chance | 5 | | for recurrence of the condition in other family members, | 6 | | and (iii) understand available options for coping with, | 7 | | preventing, or reducing the chance of
occurrence or | 8 | | recurrence of a condition.
| 9 | | (C) Facilitating an individual's or family's
(i) | 10 | | exploration of the perception of risk and burden associated | 11 | | with the disorder and (ii) adjustment and adaptation to the | 12 | | condition or their genetic risk by addressing needs for
| 13 | | psychological, social, and medical support.
| 14 | | "Genetic counselor" means a person licensed under this Act | 15 | | to engage in the practice of genetic counseling. | 16 | | "Genetic testing" and "genetic test" mean a test or | 17 | | analysis of human genes, gene products, DNA, RNA, chromosomes, | 18 | | proteins, or metabolites that detects genotypes, mutations, | 19 | | chromosomal changes, abnormalities, or deficiencies, including | 20 | | carrier status, that (i) are linked to physical or mental | 21 | | disorders or impairments, (ii) indicate a susceptibility to | 22 | | illness, disease, impairment, or other disorders, whether | 23 | | physical or mental, or (iii) demonstrate genetic or chromosomal | 24 | | damage due to environmental factors. "Genetic testing" and | 25 | | "genetic tests" do not include routine physical measurements; | 26 | | chemical, blood and urine analyses that are widely accepted and |
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| 1 | | in use in clinical practice; tests for use of drugs; tests for | 2 | | the presence of the human immunodeficiency virus; analyses of | 3 | | proteins or metabolites that do not detect genotypes, | 4 | | mutations, chromosomal changes, abnormalities, or | 5 | | deficiencies; or analyses of proteins or metabolites that are | 6 | | directly related to a manifested disease, disorder, or | 7 | | pathological condition that could reasonably be detected by a | 8 | | health care professional with appropriate training and | 9 | | expertise in the field of medicine involved. | 10 | | "Person" means an individual, association, partnership, or | 11 | | corporation. | 12 | | "Qualified supervisor" means any person who is a licensed | 13 | | genetic counselor, as defined by rule, or a physician licensed | 14 | | to practice medicine in all its branches. A qualified | 15 | | supervisor may be provided at the applicant's place of work, or | 16 | | may be contracted by the applicant to provide supervision. The | 17 | | qualified supervisor shall file written documentation with
the | 18 | | Department of employment, discharge, or supervisory control of | 19 | | a genetic counselor at the time of employment, discharge, or | 20 | | assumption of supervision of a genetic counselor. | 21 | | "Referral" means a written or telecommunicated | 22 | | authorization for genetic counseling services from a physician | 23 | | licensed to practice medicine in all its branches, an advanced | 24 | | practice nurse who has a collaborative agreement with a | 25 | | collaborating physician that authorizes referrals to a genetic | 26 | | counselor, or a physician assistant who has a supervision |
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| 1 | | agreement with a supervising physician that authorizes | 2 | | referrals to a genetic counselor.
| 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.
| 8 | | (Source: P.A. 96-1313, eff. 7-27-10.) | 9 | | (225 ILCS 135/20)
| 10 | | (Section scheduled to be repealed on January 1, 2015) | 11 | | Sec. 20. Restrictions and limitations.
| 12 | | (a) Except Beginning 12 months after the adoption of the | 13 | | final administrative rules, except as provided in Section 15, | 14 | | no person shall, without a valid license as a genetic counselor | 15 | | issued by the Department (i) in any manner hold himself or | 16 | | herself out to the public as a genetic counselor under this | 17 | | Act; (ii) use in connection with his or her name or place of | 18 | | business the title "genetic counselor", "licensed genetic | 19 | | counselor", "gene counselor", "genetic consultant", or | 20 | | "genetic associate" or any words, letters, abbreviations, or | 21 | | insignia indicating or implying a person has met the | 22 | | qualifications for or has the license issued under this Act; or | 23 | | (iii) offer to render or render to individuals, corporations, | 24 | | or the public genetic counseling services if the words "genetic | 25 | | counselor" or "licensed genetic counselor" are used to describe |
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| 1 | | the person offering to render or rendering them, or "genetic | 2 | | counseling" is used to describe the services rendered or | 3 | | offered to be rendered.
| 4 | | (b) No Beginning 12 months after the adoption of the final | 5 | | administrative rules, no licensed genetic counselor may | 6 | | provide genetic counseling to individuals, couples, groups, or | 7 | | families without a referral from a physician licensed to | 8 | | practice medicine in all its branches, an advanced practice | 9 | | nurse who has a collaborative agreement with a collaborating | 10 | | physician that authorizes referrals to a genetic counselor, or | 11 | | a physician assistant who has been delegated authority to make | 12 | | referrals to genetic counselors. The physician, advanced | 13 | | practice nurse, or physician assistant shall maintain | 14 | | supervision of the patient and be provided timely written | 15 | | reports on the services, including genetic testing results, | 16 | | provided by the licensed genetic counselor. Genetic testing | 17 | | shall be ordered by a physician licensed to practice medicine | 18 | | in all its branches or a genetic counselor pursuant to a | 19 | | referral that gives the specific authority to order genetic | 20 | | tests. Genetic test results and reports shall be provided to | 21 | | the referring physician, advanced practice nurse, or physician | 22 | | assistant. General seminars or talks to groups or organizations | 23 | | on genetic counseling that do not include individual, couple, | 24 | | or family specific counseling may be conducted without a | 25 | | referral. In clinical settings, genetic counselors who serve as | 26 | | a liaison between family members of a patient and a genetic |
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| 1 | | research project, may, with the consent of the patient, provide | 2 | | information to family members for the purpose of gathering | 3 | | additional information, as it relates to the patient, without a | 4 | | referral. In non-clinical settings where no patient is being | 5 | | treated, genetic counselors who serve as a liaison between a | 6 | | genetic research project and participants in that genetic | 7 | | research project may provide information to the participants, | 8 | | without a referral.
| 9 | | (c) No Beginning 12 months after the adoption of the final | 10 | | administrative rules, no association or partnership shall | 11 | | practice genetic counseling unless every member, partner, and | 12 | | employee of the association or partnership who practices | 13 | | genetic counseling or who renders genetic counseling services | 14 | | holds a valid license issued under this Act. No license shall | 15 | | be issued to a corporation, the stated purpose of which | 16 | | includes or which practices or which holds itself out as | 17 | | available to practice genetic counseling, unless it is | 18 | | organized under the Professional Service Corporation Act.
| 19 | | (d) Nothing in this Act shall be construed as permitting | 20 | | persons licensed as genetic counselors to engage in any manner | 21 | | in the practice of medicine in all its branches as defined by | 22 | | law in this State.
| 23 | | (e) Nothing in this Act shall be construed to authorize a | 24 | | licensed genetic counselor to diagnose, test (unless | 25 | | authorized in a referral), or treat any genetic or other | 26 | | disease or condition. |
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| 1 | | (f) When, in the course of providing genetic counseling | 2 | | services to any person, a genetic counselor licensed under this | 3 | | Act finds any indication of a disease or condition that in his | 4 | | or her professional judgment requires professional service | 5 | | outside the scope of practice as defined in this Act, he or she | 6 | | shall refer that person to a physician licensed to practice | 7 | | medicine in all of its branches.
| 8 | | (Source: P.A. 96-1313, eff. 7-27-10.) | 9 | | (225 ILCS 135/25)
| 10 | | (Section scheduled to be repealed on January 1, 2015) | 11 | | Sec. 25. Unlicensed practice; violation; civil penalty.
| 12 | | (a) Any Beginning 12 months after the adoption of the final | 13 | | administrative rules, any person who practices, offers to | 14 | | practice, attempts to practice, or holds himself or herself out | 15 | | to practice as a genetic counselor without being licensed or | 16 | | exempt under this Act shall, in addition to any other penalty | 17 | | provided by law, pay a civil penalty to the Department in an | 18 | | amount not to exceed $10,000 $5,000 for each offense, as | 19 | | determined by the Department. Civil penalty shall be assessed | 20 | | by the Department after a hearing is held in accordance with | 21 | | the provisions set forth in this Act regarding the provision of | 22 | | a hearing for the discipline of a licensee. | 23 | | (b) The Department may investigate any actual, alleged, or | 24 | | suspected unlicensed activity.
| 25 | | (c) The civil penalty shall be paid within 60 days after |
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| 1 | | the effective date of the order imposing the civil penalty. The | 2 | | order shall constitute a final judgment and may be filed and | 3 | | execution had thereon in the same manner as any judgment from | 4 | | any court of record.
| 5 | | (Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.) | 6 | | (225 ILCS 135/45)
| 7 | | (Section scheduled to be repealed on January 1, 2015) | 8 | | Sec. 45. Social Security Number on license application. In | 9 | | addition to any other information required to be contained in | 10 | | the application, every application for an original license | 11 | | under this Act shall include the applicant's Social Security | 12 | | Number, which shall be retained in the agency's records | 13 | | pertaining to the license. As soon as practical, the Department | 14 | | shall assign a customer's identification number to each | 15 | | applicant for a license. | 16 | | Every application for a renewal , reinstated, or restored | 17 | | license shall require the applicant's customer identification | 18 | | number.
| 19 | | (Source: P.A. 97-400, eff. 1-1-12.) | 20 | | (225 ILCS 135/80)
| 21 | | (Section scheduled to be repealed on January 1, 2015) | 22 | | Sec. 80. Checks or orders dishonored. Any person who issues | 23 | | or delivers a check or other order to the Department that is | 24 | | returned to the Department unpaid by the financial institution |
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| 1 | | upon which it is drawn shall pay to the Department, in addition | 2 | | to the amount already owed to the Department, a fine of $50. | 3 | | The fines imposed by this Section are in addition to any other | 4 | | discipline provided under this Act prohibiting unlicensed | 5 | | practice or practice on a nonrenewed license. The Department | 6 | | shall notify the person that payment of fees and fines shall be | 7 | | paid to the Department by certified check or money order within | 8 | | 30 calendar days after notification. If, after the expiration | 9 | | of 30 days from the date of the notification, the person has | 10 | | failed to submit the necessary remittance, the Department shall | 11 | | automatically terminate the license or certification or deny | 12 | | the application, without hearing. If, after termination or | 13 | | denial, the person seeks a license or certificate, he or she | 14 | | shall apply to the Department for restoration or issuance of | 15 | | the license or certificate and pay all fees and fines due to | 16 | | the Department. The Department may establish a fee for the | 17 | | processing of an application for restoration of a license to | 18 | | pay all costs and expenses of processing of this application. | 19 | | The Secretary Director may waive the fines due under this | 20 | | Section in individual cases where the Secretary Director finds | 21 | | that the fines would be unnecessarily burdensome.
| 22 | | (Source: P.A. 93-1041, eff. 9-29-04.) | 23 | | (225 ILCS 135/95)
| 24 | | (Section scheduled to be repealed on January 1, 2015) | 25 | | Sec. 95. Grounds for discipline.
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| 1 | | (a) The Department may refuse to issue, renew, or may | 2 | | revoke, suspend, place on probation, reprimand, or take other | 3 | | disciplinary or non-disciplinary action as the Department | 4 | | deems appropriate, including the issuance of fines not to | 5 | | exceed $10,000 $1,000 for each violation, with regard to any | 6 | | license for any one or more of the following: | 7 | | (1) Material misstatement in furnishing information to | 8 | | the Department or to any other State agency.
| 9 | | (2) Violations or negligent or intentional disregard | 10 | | of this Act, or any of its rules.
| 11 | | (3) Conviction by plea of guilty or nolo contendere, | 12 | | finding of guilt, jury verdict, or entry of judgment or | 13 | | sentencing, including, but not limited to, convictions, | 14 | | preceding sentences of supervision, conditional discharge, | 15 | | or first offender probation, under the laws of any | 16 | | jurisdiction of the United States: (i) that is a felony or | 17 | | (ii) that is a misdemeanor, an essential element of which | 18 | | is dishonesty, or that is directly related to the practice | 19 | | of genetic counseling. Conviction of any crime under the | 20 | | laws of the United States or any state or territory thereof | 21 | | that is a felony, a misdemeanor, an essential element of | 22 | | which is dishonesty, or a crime that is directly related to | 23 | | the practice of the profession.
| 24 | | (4) Making any misrepresentation for the purpose of | 25 | | obtaining a license, or violating any provision of this Act | 26 | | or its rules. |
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| 1 | | (5) Negligence Gross negligence in the rendering of | 2 | | genetic counseling services.
| 3 | | (6) Failure to provide genetic testing results and any | 4 | | requested information to a referring physician licensed to | 5 | | practice medicine in all its branches, advanced practice | 6 | | nurse, or physician assistant.
| 7 | | (7) Aiding or assisting another person in violating any | 8 | | provision of this Act or any rules.
| 9 | | (8) Failing to provide information within 60 days in | 10 | | response to a written request made by the Department.
| 11 | | (9) Engaging in dishonorable, unethical, or | 12 | | unprofessional conduct of a character likely to deceive, | 13 | | defraud, or harm the public and violating the rules of | 14 | | professional conduct adopted by the Department.
| 15 | | (10) Failing to maintain the confidentiality of any | 16 | | information received from a client, unless otherwise | 17 | | authorized or required by law.
| 18 | | (10.5) Failure to maintain client records of services | 19 | | provided and provide copies to clients upon request. | 20 | | (11) Exploiting a client for personal advantage, | 21 | | profit, or interest.
| 22 | | (12) Habitual or excessive use or addiction to alcohol, | 23 | | narcotics, stimulants, or any other chemical agent or drug | 24 | | which results in inability to practice with reasonable | 25 | | skill, judgment, or safety.
| 26 | | (13) Discipline by another governmental agency or unit |
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| 1 | | of government, by any jurisdiction of the United States, or | 2 | | by a foreign nation jurisdiction , if at least one of the | 3 | | grounds for the discipline is the same or substantially | 4 | | equivalent to those set forth in this Section.
| 5 | | (14) Directly or indirectly giving to or receiving from | 6 | | any person, firm, corporation, partnership, or association | 7 | | any fee, commission, rebate, or other form of compensation | 8 | | for any professional service not actually rendered. | 9 | | Nothing in this paragraph (14) affects any bona fide | 10 | | independent contractor or employment arrangements among | 11 | | health care professionals, health facilities, health care | 12 | | providers, or other entities, except as otherwise | 13 | | prohibited by law. Any employment arrangements may include | 14 | | provisions for compensation, health insurance, pension, or | 15 | | other employment benefits for the provision of services | 16 | | within the scope of the licensee's practice under this Act. | 17 | | Nothing in this paragraph (14) shall be construed to | 18 | | require an employment arrangement to receive professional | 19 | | fees for services rendered. | 20 | | (15) A finding by the Department that the licensee, | 21 | | after having the license placed on probationary status has | 22 | | violated the terms of probation.
| 23 | | (16) Failing to refer a client to other health care | 24 | | professionals when the licensee is unable or unwilling to | 25 | | adequately support or serve the client.
| 26 | | (17) Willfully filing false reports relating to a |
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| 1 | | licensee's practice, including but not limited to false | 2 | | records filed with federal or State agencies or | 3 | | departments.
| 4 | | (18) Willfully failing to report an instance of | 5 | | suspected child abuse or neglect as required by the Abused | 6 | | and Neglected Child Reporting Act.
| 7 | | (19) Being named as a perpetrator in an indicated | 8 | | report by the Department of Children and Family Services | 9 | | pursuant to the Abused and Neglected Child Reporting Act, | 10 | | and upon proof by clear and convincing evidence that the | 11 | | licensee has caused a child to be an abused child or | 12 | | neglected child as defined in the Abused and Neglected | 13 | | Child Reporting Act.
| 14 | | (20) Physical or mental disability, including | 15 | | deterioration through the aging process or loss of | 16 | | abilities and skills which results in the inability to | 17 | | practice the profession with reasonable judgment, skill, | 18 | | or safety.
| 19 | | (21) Solicitation of professional services by using | 20 | | false or misleading advertising.
| 21 | | (22) Failure to file a return, or to pay the tax, | 22 | | penalty of interest shown in a filed return, or to pay any | 23 | | final assessment of tax, penalty or interest, as required | 24 | | by any tax Act administered by the Illinois Department of | 25 | | Revenue or any successor agency or the Internal Revenue | 26 | | Service or any successor agency.
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| 1 | | (23) Fraud or making any misrepresentation in applying | 2 | | for or procuring a license under this Act or in connection | 3 | | with applying for renewal of a license under this Act. A | 4 | | finding that licensure has been applied for or obtained by | 5 | | fraudulent means.
| 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.
| 9 | | (25) Gross overcharging for professional services, | 10 | | including filing statements for collection of fees or | 11 | | monies for which services are not rendered.
| 12 | | (26) 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, an advanced practice nurse | 16 | | who has a collaborative agreement with a collaborating | 17 | | physician that authorizes the advanced practice nurse to | 18 | | make referrals to a genetic counselor, or a physician | 19 | | assistant who has been delegated authority to make | 20 | | referrals to genetic counselors.
| 21 | | (27) Charging for professional services not rendered, | 22 | | including filing false statements for the collection of | 23 | | fees for which services are not rendered. | 24 | | (28) Allowing one's license under this Act to be used | 25 | | by an unlicensed person in violation of this Act. | 26 | | (b) The Department shall deny, without hearing, any |
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| 1 | | application or renewal for a license under this Act to any | 2 | | person who has defaulted on an educational loan guaranteed by | 3 | | the Illinois State Assistance Commission; however, the | 4 | | Department may issue a license or renewal if the person in | 5 | | default has established a satisfactory repayment record as | 6 | | determined by the Illinois Student Assistance Commission.
| 7 | | (c) The determination by a court that a licensee is subject | 8 | | to involuntary admission or judicial admission as provided in | 9 | | the Mental Health and Developmental Disabilities Code will | 10 | | result in an automatic suspension of his or her license. The | 11 | | suspension will end upon a finding by a court that the licensee | 12 | | is no longer subject to involuntary admission or judicial | 13 | | admission, the issuance of an order so finding and discharging | 14 | | the patient, and the determination of the Secretary Director | 15 | | that the licensee be allowed to resume professional practice. | 16 | | (d) The Department may refuse to issue or renew or may | 17 | | suspend without hearing the license of any person who fails to | 18 | | file a return, to pay the tax penalty or interest shown in a | 19 | | filed return, or to pay any final assessment of the tax, | 20 | | penalty, or interest as required by any Act regarding the | 21 | | payment of taxes administered by the Illinois Department of | 22 | | Revenue until the requirements of the Act are satisfied in | 23 | | accordance with subsection (g) of Section 2105-15 of the Civil | 24 | | Administrative Code of Illinois. | 25 | | (e) In cases where the Department of Healthcare and Family | 26 | | Services has previously determined that a licensee or a |
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| 1 | | potential licensee is more than 30 days delinquent in the | 2 | | payment of child support and has subsequently certified the | 3 | | delinquency to the Department, the Department may refuse to | 4 | | issue or renew or may revoke or suspend that person's license | 5 | | or may take other disciplinary action against that person based | 6 | | solely upon the certification of delinquency made by the | 7 | | Department of Healthcare and Family Services in accordance with | 8 | | item (5) of subsection (a) of Section 2105-15 of the Department | 9 | | of Professional Regulation Law of the Civil Administrative Code | 10 | | of Illinois. | 11 | | (f) All fines or costs imposed under this Section shall be | 12 | | paid within 60 days after the effective date of the order | 13 | | imposing the fine or costs or in accordance with the terms set | 14 | | forth in the order imposing the fine.
| 15 | | (Source: P.A. 96-1313, eff. 7-27-10; 96-1482, eff. 11-29-10; | 16 | | 97-813, eff. 7-13-12.) | 17 | | (225 ILCS 135/100)
| 18 | | (Section scheduled to be repealed on January 1, 2015) | 19 | | Sec. 100. Violations; injunction; cease and desist order.
| 20 | | (a) If any person violates the provisions of this Act, the | 21 | | Secretary Director may, in the name of the People of the State | 22 | | of Illinois, through the Attorney General of the State of | 23 | | Illinois or the State's Attorney of any county in which the | 24 | | violation is alleged to have occurred , petition for an order | 25 | | enjoining the violation or for an order enforcing compliance |
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| 1 | | with this Act. Upon the filing of a verified petition, the | 2 | | court with appropriate jurisdiction may issue a temporary | 3 | | restraining order without notice or bond, and may preliminarily | 4 | | and permanently enjoin the violation. If it is established that | 5 | | the person has violated or is violating the injunction, the | 6 | | court may punish the offender for contempt of court. | 7 | | Proceedings under this Section are in addition to all other | 8 | | remedies and penalties provided by this Act.
| 9 | | (b) If any person holds himself or herself out as being a | 10 | | licensed genetic counselor under this Act and is not licensed | 11 | | to do so, then any licensed genetic counselor, interested | 12 | | party, or any person injured thereby may petition for relief as | 13 | | provided in subsection (a) of this Section.
| 14 | | (c) Whenever, in the opinion of the Department, a person | 15 | | violates any provision of this Act, the Department may issue a | 16 | | rule to show cause why an order to cease and desist should not | 17 | | be entered against that person. The rule shall clearly set | 18 | | forth the grounds relied upon by the
Department and shall allow | 19 | | at least 7 days from the date of the rule to file an answer | 20 | | satisfactory to the Department. Failure to answer to the | 21 | | satisfaction of the Department shall cause an order to cease | 22 | | and desist to be issued.
| 23 | | (Source: P.A. 93-1041, eff. 9-29-04.) | 24 | | (225 ILCS 135/105)
| 25 | | (Section scheduled to be repealed on January 1, 2015) |
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| 1 | | Sec. 105. Investigations; notice and hearing. The | 2 | | Department may investigate the actions of any applicant or any | 3 | | person holding or claiming to hold a license. The Department | 4 | | shall, before revoking, suspending, placing on probation, | 5 | | reprimanding, or taking any other disciplinary action under | 6 | | Section 95 of this Act, at least 30 days prior to the date set | 7 | | for the hearing, (i) notify the accused, in writing, of any | 8 | | charges made and the time and place for the hearing on the | 9 | | charges,
(ii) direct him or her to file a written answer to the | 10 | | charges with the Department under oath within 20 days after | 11 | | service of the notice, and (iii) inform the accused that, if he | 12 | | or she fails to answer, default will be taken against him or | 13 | | her or that his or her license or certificate may be suspended, | 14 | | revoked, placed on probationary status, or other disciplinary | 15 | | action taken with regard to the license, including limiting the | 16 | | scope, nature, or extent of his or her practice, as the | 17 | | Department may deem proper. In case the person, after receiving | 18 | | notice, fails to file an answer, his or her license may, in the | 19 | | discretion of the Department, be suspended, revoked, placed on | 20 | | probationary status, or the Department may take whatever | 21 | | disciplinary action considered deemed proper, including | 22 | | limiting the scope, nature, or extent of the person's practice | 23 | | or the imposition of a fine, without a hearing, if the act or | 24 | | acts charged constitute sufficient grounds for such action | 25 | | under this Act. The written notice may be served by personal | 26 | | delivery or certified mail to the licensee's address of record |
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| 1 | | address specified by the accused in his or her last | 2 | | notification to the Department .
| 3 | | (Source: P.A. 93-1041, eff. 9-29-04.) | 4 | | (225 ILCS 135/110)
| 5 | | (Section scheduled to be repealed on January 1, 2015) | 6 | | Sec. 110. Record of proceedings; transcript. The | 7 | | Department, at its expense, shall preserve a record of all | 8 | | proceedings at the formal hearing of any case. The notice of | 9 | | hearing, complaint, all other documents in the nature of | 10 | | pleadings, written motions filed in the proceedings, the | 11 | | transcript of testimony, the report of the hearing officer and | 12 | | orders of the Department shall be in the record of such | 13 | | proceeding. The Department shall furnish a transcript of the | 14 | | record to any person interested in the hearing upon payment of | 15 | | the fee required under Section 2105-115 of the Department of | 16 | | Professional Regulation Law of the Civil Administrative Code of | 17 | | Illinois.
| 18 | | (Source: P.A. 93-1041, eff. 9-29-04.) | 19 | | (225 ILCS 135/115)
| 20 | | (Section scheduled to be repealed on January 1, 2015) | 21 | | Sec. 115. Subpoenas; depositions; oaths. The Department | 22 | | may has the power to subpoena and to bring before it any person | 23 | | in this State and to take the oral or written testimony or | 24 | | compel the production of any books, papers, records, or any |
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| 1 | | other documents that the Secretary or his or her designee deems | 2 | | relevant or material to any investigation or hearing conducted | 3 | | by the Department either orally or by deposition, or both, with | 4 | | the same fees and mileage and in the same manner as prescribed | 5 | | in civil cases in the courts of this State. The Secretary, the | 6 | | shorthand court reporter, Director and the designated hearing | 7 | | officer may has the power to administer oaths to witnesses at | 8 | | any hearing which the Department conducts is authorized to | 9 | | conduct, and any other oaths authorized in any Act administered | 10 | | by the Department . Notwithstanding any other statute or | 11 | | Department rule to the contrary, all requests for testimony and | 12 | | for the production of documents or records shall be in | 13 | | accordance with this Act.
| 14 | | (Source: P.A. 93-1041, eff. 9-29-04.) | 15 | | (225 ILCS 135/120)
| 16 | | (Section scheduled to be repealed on January 1, 2015) | 17 | | Sec. 120. Compelling testimony. Any court, upon | 18 | | application of the Department, designated hearing officer, or | 19 | | the applicant or licensee against whom proceedings under | 20 | | Section 95 of this Act are pending, may enter an order | 21 | | requiring the attendance and testimony of witnesses and their | 22 | | testimony and the production of relevant documents, papers, | 23 | | files, books, and records in connection with any hearing or | 24 | | investigation. The court may compel obedience to its order by | 25 | | proceedings for contempt.
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| 1 | | (Source: P.A. 93-1041, eff. 9-29-04.) | 2 | | (225 ILCS 135/125)
| 3 | | (Section scheduled to be repealed on January 1, 2015) | 4 | | Sec. 125. Findings and recommendations. At the conclusion | 5 | | of the hearing, the hearing officer shall present to the | 6 | | Secretary Director a written report of its findings of fact, | 7 | | conclusions of law, and recommendations. The report shall | 8 | | contain a finding whether the licensee violated this Act or | 9 | | failed to comply with the conditions required in this Act. The | 10 | | hearing officer shall specify the nature of the violation or | 11 | | failure to comply, and shall make its recommendations to the | 12 | | Secretary Director . The report of findings of fact, conclusions | 13 | | of law, and recommendation of the hearing officer shall be the | 14 | | basis for the Department's order for refusing to issue, | 15 | | restore, or renew a license, or for otherwise disciplining a | 16 | | licensee refusal or for the granting of the license . If the | 17 | | Secretary Director disagrees with the recommendations of the | 18 | | hearing officer, the Secretary Director may issue an order in | 19 | | contravention of the hearing officer's recommendations. The | 20 | | finding is not admissible in evidence against the person in a | 21 | | criminal prosecution brought for the violation of this Act, but | 22 | | the hearing and findings are not a bar to a criminal | 23 | | prosecution brought for the violation of this Act.
| 24 | | (Source: P.A. 93-1041, eff. 9-29-04.) |
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| 1 | | (225 ILCS 135/135)
| 2 | | (Section scheduled to be repealed on January 1, 2015) | 3 | | Sec. 135. Secretary Director ; rehearing. Whenever the | 4 | | Secretary Director believes justice has not been done in the | 5 | | revocation, suspension, or refusal to issue or renew a license | 6 | | or the discipline of a licensee, he or she may order a | 7 | | rehearing.
| 8 | | (Source: P.A. 93-1041, eff. 9-29-04.) | 9 | | (225 ILCS 135/140)
| 10 | | (Section scheduled to be repealed on January 1, 2015) | 11 | | Sec. 140. Appointment of a hearing officer. The Secretary | 12 | | Director has the authority to appoint any attorney licensed to | 13 | | practice law in the State of Illinois to serve as the hearing | 14 | | officer in any action for refusal to issue or renew a license | 15 | | or permit or to discipline a licensee. The hearing officer has | 16 | | full authority to conduct the hearing. The hearing officer | 17 | | shall report his findings of fact, conclusions of law, and | 18 | | recommendations to the Secretary Director .
| 19 | | (Source: P.A. 93-1041, eff. 9-29-04.) | 20 | | (225 ILCS 135/145)
| 21 | | (Section scheduled to be repealed on January 1, 2015) | 22 | | Sec. 145. Order or certified copy; prima facie proof.
An | 23 | | order or certified copy thereof, over the seal of the | 24 | | Department and purporting to be signed by the Secretary |
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| 1 | | Director , is prima facie proof that:
| 2 | | (1) the signature is the genuine signature of the | 3 | | Secretary Director ;
and | 4 | | (2) the Secretary Director is duly appointed and | 5 | | qualified.
| 6 | | (Source: P.A. 93-1041, eff. 9-29-04.) | 7 | | (225 ILCS 135/150)
| 8 | | (Section scheduled to be repealed on January 1, 2015) | 9 | | Sec. 150. Restoration of license from discipline suspended | 10 | | or revoked license . At any time after the successful completion | 11 | | of a term of indefinite probation, suspension, or revocation of | 12 | | a license, the Department may restore the license to active | 13 | | status, unless, after an investigation and a hearing, the | 14 | | Secretary determines that restoration is not in the public | 15 | | interest. No person whose license has been revoked as | 16 | | authorized in this Act may apply for restoration of that | 17 | | license until such time as provided for in the Civil | 18 | | Administrative Code of Illinois. At any time after the | 19 | | suspension or revocation of any license, the Department may | 20 | | restore it to the licensee, unless after an investigation and | 21 | | hearing the Director determines that restoration is not in the | 22 | | public interest.
| 23 | | (Source: P.A. 93-1041, eff. 9-29-04.) | 24 | | (225 ILCS 135/160)
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| 1 | | (Section scheduled to be repealed on January 1, 2015) | 2 | | Sec. 160. Summary suspension of license. The Secretary | 3 | | Director may summarily suspend the license of a genetic | 4 | | counselor without a hearing, simultaneously with the | 5 | | institution of proceedings for a hearing provided for in | 6 | | Section 105 of this Act, if the Secretary Director finds that | 7 | | the evidence in the possession of the Director indicates that | 8 | | the continuation of practice by the genetic counselor would | 9 | | constitute an imminent danger to the public. In the event that | 10 | | the Secretary Director summarily suspends the license of an | 11 | | individual without a hearing, a hearing must be held within 30 | 12 | | days after the suspension has occurred and shall be concluded | 13 | | as expeditiously as possible .
| 14 | | (Source: P.A. 93-1041, eff. 9-29-04.) | 15 | | (225 ILCS 135/170)
| 16 | | (Section scheduled to be repealed on January 1, 2015) | 17 | | Sec. 170. Certification of record; costs. The Department | 18 | | shall not be required to certify any record to the court, to | 19 | | file an answer in court, or to otherwise appear in any court in | 20 | | a judicial review proceeding, unless and until the Department | 21 | | has received from the plaintiff there is filed in the court, | 22 | | with the complaint, a receipt from the Department acknowledging | 23 | | payment of the costs of furnishing and certifying the record , | 24 | | which costs shall be determined by the Department . Failure on | 25 | | the part of the plaintiff to file the receipt in court is |
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| 1 | | grounds for dismissal of the action.
| 2 | | (Source: P.A. 93-1041, eff. 9-29-04.) | 3 | | (225 ILCS 135/180)
| 4 | | (Section scheduled to be repealed on January 1, 2015) | 5 | | Sec. 180. Administrative Procedure Act; application. The | 6 | | Illinois Administrative Procedure Act is hereby expressly | 7 | | adopted and incorporated in this Act as if all of the | 8 | | provisions of such Act were included in this Act, except that | 9 | | the provision of paragraph (d) of Section 10-65 of the Illinois | 10 | | Administrative Procedure Act, which provides that at hearings | 11 | | the license holder has the right to show compliance with all | 12 | | lawful requirements for retention, continuation, or renewal of | 13 | | the certificate, is specifically excluded. For the purpose of | 14 | | this Act the notice required under Section 10-25 of the | 15 | | Illinois Administrative Procedure Act is deemed sufficient | 16 | | when mailed to the last known address of a party or the address | 17 | | of record .
| 18 | | (Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.) | 19 | | (225 ILCS 135/190 new) | 20 | | Sec. 190. Confidentiality. All information collected by | 21 | | the Department in the course of an examination or investigation | 22 | | of a licensee or applicant, including, but not limited to, any | 23 | | complaint against a licensee filed with the Department and | 24 | | information collected to investigate any such complaint, shall |
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| 1 | | be maintained for the confidential use of the Department and | 2 | | shall not be disclosed. The Department shall not disclose the | 3 | | information to anyone other than law enforcement officials, | 4 | | regulatory agencies that have an appropriate regulatory | 5 | | interest as determined by the Secretary, or a party presenting | 6 | | a lawful subpoena to the Department. Information and documents | 7 | | disclosed to a federal, State, county, or local law enforcement | 8 | | agency shall not be disclosed by the agency for any purpose to | 9 | | any other agency or person. A formal complaint filed against a | 10 | | licensee or registrant by the Department or any other complaint | 11 | | issued by the Department against a licensee, registrant, or | 12 | | applicant shall be a public record, except as otherwise | 13 | | prohibited by law. ".
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