Full Text of SB2012 94th General Assembly
SB2012enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Genetic Counselor Licensing Act is amended | 5 |
| by changing Sections 10, 15, 20, 25, 30, 40, 50, 55, 60, 65, | 6 |
| 75, 85, 95, and 180 and by adding Section 73 as follows: | 7 |
| (225 ILCS 135/10)
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| (Section scheduled to be repealed on January 1, 2015) | 9 |
| Sec. 10. Definitions. As used in this Act: | 10 |
| "ABGC" means the American Board of Genetic Counseling. | 11 |
| "ABMG" means the American Board of Medical Genetics. | 12 |
| "Active candidate status" is awarded to applicants who have | 13 |
| received approval from the ABGC or ABMG to sit for their | 14 |
| respective certification examinations.
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| "Department" means the Department of Professional | 16 |
| Regulation. | 17 |
| "Director" means the Director of Professional Regulation. | 18 |
| "Genetic anomaly" means a variation in an individual's DNA | 19 |
| that has been shown to confer a genetically influenced disease | 20 |
| or predisposition to a genetically influenced disease or makes | 21 |
| a person a carrier of such variation. A "carrier" of a genetic | 22 |
| anomaly means a person who may or may not have a predisposition | 23 |
| or risk of incurring a genetically influenced condition and who | 24 |
| is at risk of having offspring with a genetically influenced | 25 |
| condition.
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| "Genetic counseling" means the provision of services , | 27 |
| pursuant to a referral, to individuals, couples, groups, | 28 |
| families, and organizations by one or more appropriately | 29 |
| trained individuals to address the physical and psychological | 30 |
| issues associated with the occurrence or risk of occurrence or | 31 |
| recurrence of a genetic disorder, birth defect, disease, or | 32 |
| potentially inherited or genetically influenced condition in |
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| an individual or a family.
"Genetic counseling" consists of the | 2 |
| following: | 3 |
| (A) Estimating the likelihood of occurrence or | 4 |
| recurrence of a birth defect or of any potentially | 5 |
| inherited or genetically influenced condition. This | 6 |
| assessment may involve: | 7 |
| (i) obtaining and analyzing a complete health | 8 |
| history of the person and his or her family; | 9 |
| (ii) reviewing pertinent medical records; | 10 |
| (iii) evaluating the risks from exposure to | 11 |
| possible mutagens or teratogens; | 12 |
| (iv) recommending genetic testing or other | 13 |
| evaluations to diagnose a condition or determine the | 14 |
| carrier status of one or more family members; | 15 |
| (B) Helping the individual, family, health care | 16 |
| provider, or health care professional
(i) appreciate the | 17 |
| medical, psychological and social implications of a | 18 |
| disorder, including its features, variability, usual | 19 |
| course and management options, (ii) learn how genetic | 20 |
| factors contribute to the disorder and affect the chance | 21 |
| for recurrence of the condition in other family members, | 22 |
| and (iii) understand available options for coping with, | 23 |
| preventing, or reducing the chance of
occurrence or | 24 |
| recurrence of a condition.
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| (C) Facilitating an individual's or family's
(i) | 26 |
| exploration of the perception of risk and burden associated | 27 |
| with the disorder and (ii) adjustment and adaptation to the | 28 |
| condition or their genetic risk by addressing needs for
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| psychological, social, and medical support.
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| "Genetic counselor" means a person licensed under this Act | 31 |
| to engage in the practice of genetic counseling. | 32 |
| "Person" means an individual, association, partnership, or | 33 |
| corporation. | 34 |
| "Qualified supervisor" means any person who is a licensed | 35 |
| genetic counselor, as defined by rule, or a physician licensed | 36 |
| to practice medicine in all its branches. A qualified |
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| supervisor may be provided at the applicant's place of work, or | 2 |
| may be contracted by the applicant to provide supervision. The | 3 |
| qualified supervisor shall file written documentation with
to
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| the Department of employment, discharge, or supervisory | 5 |
| control of a genetic counselor at the time of employment, | 6 |
| discharge, or assumption of supervision of a genetic counselor. | 7 |
| "Referral" means a written or telecommunicated | 8 |
| authorization for genetic counseling services from a physician | 9 |
| licensed to practice medicine in all its branches, an advanced | 10 |
| practice nurse who has a collaborative agreement with a | 11 |
| collaborating physician that authorizes referrals to a genetic | 12 |
| counselor, or a physician assistant who has been delegated | 13 |
| authority to make referrals to genetic counselors.
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| "Supervision" means review of aspects of genetic | 15 |
| counseling and case management in a bimonthly meeting with the | 16 |
| person under supervision.
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| (Source: P.A. 93-1041, eff. 9-29-04.) | 18 |
| (225 ILCS 135/15)
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| (Section scheduled to be repealed on January 1, 2015) | 20 |
| Sec. 15. Exemptions.
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| (a) This Act does not prohibit any persons legally | 22 |
| regulated in this State by any other Act from engaging in the | 23 |
| practice for which they are authorized as long as they do not | 24 |
| represent themselves by the title of "genetic counselor" or | 25 |
| "licensed genetic counselor". This Act does not prohibit the | 26 |
| practice of nonregulated professions whose practitioners are | 27 |
| engaged in the delivery of human services as long as these | 28 |
| practitioners do not represent themselves as or use the title | 29 |
| of "genetic counselor" or "licensed genetic counselor".
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| (b) Nothing in this Act shall be construed to limit the | 31 |
| activities and services of (i) a student, intern, resident, or | 32 |
| fellow in genetic counseling or genetics seeking to fulfill | 33 |
| educational requirements in order to qualify for a license | 34 |
| under this Act if these activities and services constitute a | 35 |
| part of the student's supervised course of study or (ii) an |
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| individual seeking to fulfill the post-degree experience | 2 |
| requirements in order to qualify for licensing under this Act, | 3 |
| as long as the activities and services are supervised by a | 4 |
| qualified supervisor. A student, intern, resident, or fellow | 5 |
| must be designated by the title "intern", "resident", "fellow", | 6 |
| or any other designation of trainee status. Nothing contained | 7 |
| in this subsection shall be construed to permit students, | 8 |
| interns, residents, or fellows to offer their services as | 9 |
| genetic counselors or geneticists to any other person and to | 10 |
| accept remuneration for such genetic counseling services, | 11 |
| except as specifically provided in this subsection or | 12 |
| subsection (c).
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| (c) Corporations, partnerships, and associations may | 14 |
| employ students, interns, or post-degree candidates seeking to | 15 |
| fulfill educational requirements or the professional | 16 |
| experience requirements needed to qualify for a license under | 17 |
| this Act if their activities and services constitute a part of | 18 |
| the student's supervised course of study or post-degree | 19 |
| professional experience requirements. Nothing in this | 20 |
| subsection shall prohibit a corporation, partnership, or | 21 |
| association from contracting with a licensed health care | 22 |
| professional to provide services that they are licensed to | 23 |
| provide.
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| (d) Nothing in this Act shall prevent the employment, by a | 25 |
| genetic counselor, person, association, partnership, or | 26 |
| corporation furnishing genetic counseling services for | 27 |
| remuneration, of persons not licensed as genetic counselors | 28 |
| under this Act to perform services in various capacities as | 29 |
| needed, if these persons are not in any manner held out to the | 30 |
| public or do not hold themselves out to the public by any title | 31 |
| or designation stating or implying that they are genetic | 32 |
| counselors.
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| (e) Nothing in this Act shall be construed to limit the | 34 |
| services of a person, not licensed under the provisions of this | 35 |
| Act, in the employ of a federal, State, county, or municipal | 36 |
| agency or other political subdivision or not-for-profit |
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| corporation providing human services if (i) the services are a | 2 |
| part of the duties in his or her salaried position, (ii) the | 3 |
| services are performed solely on behalf of his or her employer, | 4 |
| and (iii) that person does not in any manner represent himself | 5 |
| or herself as or use the title of "genetic counselor" or | 6 |
| "licensed genetic counselor".
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| (f) Duly recognized members of any religious organization | 8 |
| shall not be restricted from functioning in their ministerial | 9 |
| capacity provided they do not represent themselves as being | 10 |
| genetic counselors or as providing genetic counseling. | 11 |
| (g) Nothing in this Act shall be construed to require or | 12 |
| prohibit any hospital, clinic, home health agency, hospice, or | 13 |
| other entity that provides health care to employ or to contract | 14 |
| with a person licensed under this Act to provide genetic | 15 |
| counseling services. | 16 |
| (h) Nothing in this Act shall be construed to prevent any | 17 |
| licensed social worker, licensed clinical social worker, | 18 |
| licensed clinical psychologist, licensed professional | 19 |
| counselor, or licensed clinical professional counselor from | 20 |
| practicing professional counseling as long as that person is | 21 |
| not in any manner held out to the public as a "genetic | 22 |
| counselor" or "licensed genetic counselor" or does not hold out | 23 |
| his or her services as being genetic counseling.
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| (i) Nothing in this Act shall be construed to limit the | 25 |
| practice of a person not licensed under this Act who is a | 26 |
| physician licensed to practice medicine in all of its branches | 27 |
| under the Medical Practice Act of 1987 or intern, fellow, or | 28 |
| resident from using the title "genetic counselor" or any other | 29 |
| title tending to indicate they are a genetic counselor.
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| (j) Nothing in the Act shall prohibit a visiting ABGC or | 31 |
| ABMG certified genetic counselor from outside the State working | 32 |
| as a consultant, or organizations from outside the State | 33 |
| employing ABGC or ABMG certified genetic counselors providing | 34 |
| occasional services, who are not licensed under this Act, from | 35 |
| engaging in the practice of genetic counseling subject to the | 36 |
| stated circumstances and limitations defined by rule .
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| (Source: P.A. 93-1041, eff. 9-29-04.) | 2 |
| (225 ILCS 135/20)
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| (Section scheduled to be repealed on January 1, 2015) | 4 |
| Sec. 20. Restrictions and limitations.
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| (a) Beginning 12 months after the adoption of the final | 6 |
| administrative rules
on January 1, 2006 , except as provided in | 7 |
| Section 15, no person shall, without a valid license as a | 8 |
| genetic counselor issued by the Department (i) in any manner | 9 |
| hold himself or herself out to the public as a genetic | 10 |
| counselor under this Act; (ii) use in connection with his or | 11 |
| her name or place of business the title "genetic counselor", | 12 |
| "licensed genetic counselor", "gene counselor", "genetic | 13 |
| consultant", or "genetic associate" or any words, letters, | 14 |
| abbreviations, or insignia indicating or implying a person has | 15 |
| met the qualifications for or has the license issued under this | 16 |
| Act; or (iii) offer to render or render to individuals, | 17 |
| corporations, or the public genetic counseling services if the | 18 |
| words "genetic counselor" or "licensed genetic counselor" are | 19 |
| used to describe the person offering to render or rendering | 20 |
| them, or "genetic counseling" is used to describe the services | 21 |
| rendered or offered to be rendered.
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| (b) Beginning 12 months after the adoption of the final | 23 |
| administrative rules
on January 1, 2006 , no licensed genetic | 24 |
| counselor may provide genetic counseling to individuals, | 25 |
| couples, groups, or families without a written referral from a | 26 |
| physician licensed to practice medicine in all its branches, an | 27 |
| advanced practice nurse who has a collaborative agreement with | 28 |
| a collaborating physician that authorizes referrals to a | 29 |
| genetic counselor, or a physician assistant who has been | 30 |
| delegated authority to make referrals to genetic counselors. | 31 |
| The physician, advanced practice nurse, or physician assistant | 32 |
| shall maintain supervision of the patient and be provided | 33 |
| written reports on the services provided by the licensed | 34 |
| genetic counselor. Genetic testing shall be ordered by a | 35 |
| physician licensed to practice medicine in all its branches. |
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| Genetic test reports shall be provided to the referring | 2 |
| physician, advanced practice nurse, or physician assistant. | 3 |
| General seminars or talks to groups or organizations on genetic | 4 |
| counseling that do not include individual, couple, or family | 5 |
| specific counseling may be conducted without a referral. In | 6 |
| clinical settings, genetic counselors who serve as a liaison | 7 |
| between family members of a patient and a genetic research | 8 |
| project, may, with the consent of the patient, provide | 9 |
| information to family members for the purpose of gathering | 10 |
| additional information, as it relates to the patient, without a | 11 |
| referral. In non-clinical settings where no patient is being | 12 |
| treated, genetic counselors who serve as a liaison between a | 13 |
| genetic research project and participants in that genetic | 14 |
| research project may provide information to the participants, | 15 |
| without a referral.
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| (c) Beginning 12 months after the adoption of the final | 17 |
| administrative rules
on January 1, 2006 , no association or | 18 |
| partnership shall practice genetic counseling unless every | 19 |
| member, partner, and employee of the association or partnership | 20 |
| who practices genetic counseling or who renders genetic | 21 |
| counseling services holds a valid license issued under this | 22 |
| Act. No license shall be issued to a corporation, the stated | 23 |
| purpose of which includes or which practices or which holds | 24 |
| itself out as available to practice genetic counseling, unless | 25 |
| it is organized under the Professional Service Corporation Act.
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| (d) Nothing in this Act shall be construed as permitting | 27 |
| persons licensed as genetic counselors to engage in any manner | 28 |
| in the practice of medicine in all its branches as defined by | 29 |
| law in this State.
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| (e) Nothing in this Act shall be construed to authorize a | 31 |
| licensed genetic counselor to diagnose, test, or treat any | 32 |
| genetic or other disease or condition. | 33 |
| (f) When, in the course of providing genetic counseling | 34 |
| services to any person, a genetic counselor licensed under this | 35 |
| Act finds any indication of a disease or condition that in his | 36 |
| or her professional judgment requires professional service |
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| outside the scope of practice as defined in this Act, he or she | 2 |
| shall refer that person to a physician licensed to practice | 3 |
| medicine in all of its branches.
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| (Source: P.A. 93-1041, eff. 9-29-04.) | 5 |
| (225 ILCS 135/25)
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| (Section scheduled to be repealed on January 1, 2015) | 7 |
| Sec. 25. Unlicensed practice; violation; civil penalty.
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| (a) Beginning 12 months after the adoption of the final | 9 |
| administrative rules
on January 1, 2006 , any person who | 10 |
| practices, offers to practice, attempts to practice, or holds | 11 |
| himself or herself out to practice as a genetic counselor | 12 |
| without being licensed or exempt under this Act shall, in | 13 |
| addition to any other penalty provided by law, pay a civil | 14 |
| penalty to the Department in an amount not to exceed $5,000 for | 15 |
| each offense, as determined by the Department. Civil penalty | 16 |
| shall be assessed by the Department after a hearing is held in | 17 |
| accordance with the provisions set forth in this Act regarding | 18 |
| the provision of a hearing for the discipline of a licensee. | 19 |
| (b) The Department may investigate any actual, alleged, or | 20 |
| suspected unlicensed activity.
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| (c) The civil penalty shall be paid within 60 days after | 22 |
| the effective date of the order imposing the civil penalty. The | 23 |
| order shall constitute a final judgment and may be filed and | 24 |
| execution had thereon in the same manner as any judgment from | 25 |
| any court of record.
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| (Source: P.A. 93-1041, eff. 9-29-04.) | 27 |
| (225 ILCS 135/30)
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| (Section scheduled to be repealed on January 1, 2015) | 29 |
| Sec. 30. Powers and duties of the Department. Subject to | 30 |
| the provisions of this Act, the Department may:
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| (a) authorize examinations to ascertain the qualifications | 32 |
| and fitness of applicants for licensing as genetic counselors | 33 |
| and pass upon the qualifications of applicants for licensure by | 34 |
| endorsement;
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| (b) conduct hearings on proceedings to refuse to issue or | 2 |
| renew or to revoke licenses or suspend, place on probation, | 3 |
| censure, or reprimand persons licensed under this Act, and to | 4 |
| refuse to issue or renew or to revoke licenses, or suspend, | 5 |
| place on probation, censure, or reprimand persons licensed | 6 |
| under this Act;
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| (c) adopt rules necessary for the administration of this | 8 |
| Act; and
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| (d) maintain rosters of the names and addresses of all | 10 |
| licensees and all persons whose licenses have been suspended, | 11 |
| revoked, or denied renewal for cause within the previous | 12 |
| calendar year . These rosters shall be available upon written | 13 |
| request and payment of the required fee.
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| (Source: P.A. 93-1041, eff. 9-29-04.) | 15 |
| (225 ILCS 135/40)
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| (Section scheduled to be repealed on January 1, 2015) | 17 |
| Sec. 40. Application for original license. Applications | 18 |
| for original licenses shall be made to the Department on forms | 19 |
| prescribed by the Department and accompanied by the required | 20 |
| fee, which is not refundable. All applications shall contain | 21 |
| such information that, in the judgment of the Department, will | 22 |
| enable the Department to pass on the qualifications of the | 23 |
| applicant for a license to practice as a genetic counselor.
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| If an applicant fails to obtain a license under this Act | 25 |
| within 3 years after filing his or her application, the | 26 |
| application shall be denied. The applicant may make a new | 27 |
| application, which shall be accompanied by the required | 28 |
| nonrefundable fee. The applicant shall be required to meet the | 29 |
| qualifications required for licensure at the time of | 30 |
| reapplication.
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| (Source: P.A. 93-1041, eff. 9-29-04.) | 32 |
| (225 ILCS 135/50)
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| (Section scheduled to be repealed on January 1, 2015) | 34 |
| Sec. 50. Examination ; failure or refusal to take |
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| examination .
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| (a) Applicants for genetic counseling licensure must | 3 |
| provide evidence that they have successfully completed the | 4 |
| certification examination provided by the ABGC or ABMG, if they | 5 |
| are master's degree trained genetic counselors, or the ABMG, if | 6 |
| they are PhD trained medical geneticists; or successfully | 7 |
| completed the examination provided by the successor agencies of | 8 |
| the ABGC or ABMG. The examinations shall be of a character to | 9 |
| fairly test the competence and qualifications of the applicants | 10 |
| to practice genetic counseling. | 11 |
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(b) (Blank).
If an applicant neglects, fails, or refuses | 12 |
| to take an examination or fails to pass an examination for a | 13 |
| license under this Act within 2 exam cycles after receiving a | 14 |
| temporary license, the application will be denied. However, | 15 |
| such applicant may thereafter make a new application for | 16 |
| license only if the applicant provides documentation of passing | 17 |
| the certification examination offered through the ABGC or ABMG | 18 |
| or their successor agencies and satisfies the requirements then | 19 |
| in existence for a license.
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| (Source: P.A. 93-1041, eff. 9-29-04.) | 21 |
| (225 ILCS 135/55)
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| (Section scheduled to be repealed on January 1, 2015) | 23 |
| Sec. 55. Qualifications for licensure.
A person shall be | 24 |
| qualified for licensure as a genetic counselor and the | 25 |
| Department may
shall issue a license if that person:
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| (1) has applied in writing in form and substance | 27 |
| satisfactory to the Department; is at least 21 years of | 28 |
| age; | 29 |
| (2) has not engaged in conduct or activities which | 30 |
| would constitute grounds for discipline under this Act; | 31 |
| (3) (i) has successfully completed a Master's degree in | 32 |
| genetic counseling from an ABGC or ABMG accredited training | 33 |
| program or an equivalent program approved by the ABGC or | 34 |
| the ABMG or (ii) is a physician licensed to practice | 35 |
| medicine in all its branches or (iii) has a doctoral degree |
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| and has successfully completed an ABMG accredited medical | 2 |
| genetics training program or an equivalent program | 3 |
| approved by the ABMG
has not violated any of the provisions | 4 |
| of Sections 20 or 25 of this Act or the rules promulgated | 5 |
| thereunder. The Department may take into consideration any | 6 |
| felony conviction of the applicant but such conviction | 7 |
| shall not operate as an absolute bar to licensure ; | 8 |
| (4) has successfully completed an examination provided | 9 |
| by the ABGC or its successor, the ABMG or its successor, or | 10 |
| a substantially equivalent examination approved by the | 11 |
| Department;
provided documentation of the successful | 12 |
| completion of the certification examination and current | 13 |
| certification provided by the American Board of Genetic | 14 |
| Counseling or the American Board of Medical Genetics, or | 15 |
| their successor agencies; and
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| (5) has paid the fees required by rule;
this Act.
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| (6) has met the requirements for certification set | 18 |
| forth by the ABGC or its successor or the ABMG or its | 19 |
| successor; and
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| (7) has met any other requirements established by rule.
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| (Source: P.A. 93-1041, eff. 9-29-04.) | 22 |
| (225 ILCS 135/60)
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| (Section scheduled to be repealed on January 1, 2015) | 24 |
| Sec. 60. Temporary
licensure.
A temporary license may be | 25 |
| issued to an individual who has made application to the | 26 |
| Department, has submitted evidence to the Department of | 27 |
| admission to the certifying examination administered by the | 28 |
| ABGC or the ABMG or either of its successor agencies, has met | 29 |
| all of the requirements for licensure in accordance with | 30 |
| Section 55 of this Act, except the examination requirement of | 31 |
| item (4) of Section 55 of this Act, and has met any other | 32 |
| condition established by rule. The holder of a temporary | 33 |
| license shall practice only under the supervision of a | 34 |
| qualified supervisor.
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| (a) A person shall be qualified for temporary licensure as |
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| a genetic counselor and the Department shall issue a temporary | 2 |
| license if that person:
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| (1) has successfully completed a Master's degree in | 4 |
| genetic counseling from an
ABGC or ABMG accredited training | 5 |
| program or its equivalent as established by the ABGC or is | 6 |
| a physician or has a doctoral degree and has successfully | 7 |
| completed an ABMG accredited medical genetics training | 8 |
| program or its equivalent as established by the ABMG; | 9 |
| (2) has submitted evidence to the Department of active | 10 |
| candidate status for the certifying examination | 11 |
| administered by the ABGC or the ABMG or their successor | 12 |
| agencies; and
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| (3) has made application to the Department and paid the | 14 |
| required fees.
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| (b) A temporary license shall allow the applicant to | 16 |
| practice under the supervision of a qualified supervisor until | 17 |
| he or she receives certification from the ABGC or the ABMG or | 18 |
| their successor agencies or
2 exam cycles have elapsed, | 19 |
| whichever comes first.
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| (c) Under no circumstances shall an applicant continue to | 21 |
| practice on the temporary license for more than 30 days after | 22 |
| notification that he or she has not passed the examination | 23 |
| within 2 exam cycles after receiving the temporary license. | 24 |
| However, the applicant may thereafter make a new application to | 25 |
| the Department for a license satisfying the requirements then | 26 |
| in existence for a license.
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| (Source: P.A. 93-1041, eff. 9-29-04.) | 28 |
| (225 ILCS 135/65)
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| (Section scheduled to be repealed on January 1, 2015) | 30 |
| Sec. 65. Licenses; renewal; restoration; person in | 31 |
| military service; inactive status.
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| (a) The expiration date and renewal period for each license | 33 |
| issued under this Act shall be set by rule. As a condition of | 34 |
| renewal of a license, a licensee must complete continuing | 35 |
| education requirements established by rule of the Department
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| The licensee may renew a license during the 30-day period | 2 |
| preceding its expiration date by paying the required fee and | 3 |
| demonstrating compliance with continuing education | 4 |
| requirements established by rule .
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| (b) Any person who has permitted a license to expire or who | 6 |
| has a license on inactive status may have it restored by | 7 |
| submitting an application to the Department and filing proof of | 8 |
| fitness, as defined by rule, to have the license restored, | 9 |
| including, if appropriate, evidence which is satisfactory to | 10 |
| the Department certifying the active practice of genetic | 11 |
| counseling in another jurisdiction, and by paying the required | 12 |
| fee.
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| (c) If the person has not maintained an active practice in | 14 |
| another jurisdiction that is satisfactory to the Department, | 15 |
| the Department shall determine the person's fitness to resume | 16 |
| active status. The Department may also require the person to | 17 |
| complete a specific period of evaluated genetic counseling work | 18 |
| experience under the supervision of a qualified clinical
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| supervisor and may require demonstration of completion of | 20 |
| continuing education requirements.
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| (d) Any person whose license expired while on active duty | 22 |
| with the armed forces of the United States, while called into | 23 |
| service or training with the State Militia, or while in | 24 |
| training or education under the supervision of the United | 25 |
| States government prior to induction into military service may | 26 |
| have his license restored without paying any renewal fees if, | 27 |
| within 2 years after the termination of such service, training, | 28 |
| or education, except under conditions other than honorable, the | 29 |
| Department is furnished with satisfactory evidence that the | 30 |
| person has been so engaged and that such service, training, or | 31 |
| education has been so terminated.
| 32 |
| (e) A license to practice shall not be denied any applicant | 33 |
| because of the applicant's race, religion, creed, national | 34 |
| origin, political beliefs or activities, age, sex, or physical | 35 |
| impairment.
| 36 |
| (Source: P.A. 93-1041, eff. 9-29-04.) |
|
|
|
SB2012 Enrolled |
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LRB094 07579 RAS 37748 b |
|
| 1 |
| (225 ILCS 135/73 new)
| 2 |
| (Section scheduled to be repealed on January 1, 2015) | 3 |
| Sec. 73. Inactive status. A person who notifies the | 4 |
| Department in writing on forms prescribed by the Department may | 5 |
| elect to place his or her license on inactive status and shall, | 6 |
| subject to rule of the Department, be excused from payment of | 7 |
| renewal fees until he or she notifies the Department, in | 8 |
| writing, of his or her desire to resume active status. | 9 |
| A person requesting restoration from inactive status shall | 10 |
| be required to pay the current renewal fee and shall be | 11 |
| required to restore his or her license, pursuant to Section 65 | 12 |
| of this Act. | 13 |
| Practice by an individual whose license is on inactive | 14 |
| status shall be considered to be the unlicensed practice of | 15 |
| genetic counseling and shall be grounds for discipline under | 16 |
| this Act. | 17 |
| (225 ILCS 135/75)
| 18 |
| (Section scheduled to be repealed on January 1, 2015) | 19 |
| Sec. 75. Fees; deposit of fees. The Department shall, by | 20 |
| rule, establish a schedule of fees for the administration and | 21 |
| enforcement of this Act. These fees shall be nonrefundable. | 22 |
| All of the fees and fines collected under this Act shall be | 23 |
| deposited into the General Professions Dedicated Fund. The | 24 |
| moneys deposited into the General Professions Dedicated Fund | 25 |
| shall be used by the Department, as appropriate, for the | 26 |
| ordinary and contingent expenses of the Department. Moneys in | 27 |
| the General Professions Dedicated Fund may be invested and | 28 |
| reinvested, with all earnings received from these investments | 29 |
| being deposited into that Fund and used for the same purposes | 30 |
| as the fees and fines deposited in that Fund.
| 31 |
| The fees imposed under this Act shall be set by rule and are | 32 |
| not refundable.
All of the fees collected under this Act shall | 33 |
| be deposited into the General Professions Dedicated Fund.
| 34 |
| (Source: P.A. 93-1041, eff. 9-29-04.) |
|
|
|
SB2012 Enrolled |
- 15 - |
LRB094 07579 RAS 37748 b |
|
| 1 |
| (225 ILCS 135/85)
| 2 |
| (Section scheduled to be repealed on January 1, 2015) | 3 |
| Sec. 85. Endorsement. The Department may issue a license as | 4 |
| a genetic counselor, without administering the required | 5 |
| examination, to an applicant currently licensed under the laws | 6 |
| of another state , a U.S. territory, or another country if the | 7 |
| requirements for licensure in that state, U.S. territory, or | 8 |
| country are, on the date of licensure, substantially equal to | 9 |
| the requirements of this Act or to a person who, at the time of | 10 |
| his or her application for licensure, possesses individual | 11 |
| qualifications that are substantially equivalent to the | 12 |
| requirements of this Act. An applicant under this Section shall | 13 |
| pay all of the required fees. | 14 |
| An applicant shall have 3 years from the date of | 15 |
| application to complete the application process. If the process | 16 |
| has not been completed within the 3-year time period, the | 17 |
| application shall be denied, the fee shall be forfeited, and | 18 |
| the applicant shall be required to reapply and meet the | 19 |
| requirements in effect at the time of reapplication
or United | 20 |
| States jurisdiction whose standards, in the opinion of the | 21 |
| Department, were substantially equivalent at the date of his or | 22 |
| her licensure in the other jurisdiction to the requirements of | 23 |
| this Act. Such an applicant shall pay all of the required fees. | 24 |
| Applicants have 6 months from the date of application to | 25 |
| complete the application process. If the process has not been | 26 |
| completed within 6 months, the application shall be denied, the | 27 |
| fee forfeited, and the applicant must reapply and meet the | 28 |
| requirements in effect at the time of reapplication .
| 29 |
| (Source: P.A. 93-1041, eff. 9-29-04.) | 30 |
| (225 ILCS 135/95)
| 31 |
| (Section scheduled to be repealed on January 1, 2015) | 32 |
| Sec. 95. Grounds for discipline.
| 33 |
| (a) The Department may refuse to issue, renew, or may | 34 |
| revoke, suspend, place on probation, reprimand, or take other |
|
|
|
SB2012 Enrolled |
- 16 - |
LRB094 07579 RAS 37748 b |
|
| 1 |
| disciplinary action as the Department deems appropriate, | 2 |
| including the issuance of fines not to exceed $1,000 for each | 3 |
| violation, with regard to any license for any one or more of | 4 |
| the following: | 5 |
| (1) Material misstatement in furnishing information to | 6 |
| the Department or to any other State agency.
| 7 |
| (2) Violations or negligent or intentional disregard | 8 |
| of this Act, or any of its rules.
| 9 |
| (3) Conviction of any crime under the laws of the | 10 |
| United States or any state or territory thereof that is a | 11 |
| felony, a misdemeanor, an essential element of which is | 12 |
| dishonesty, or a crime that is directly related to the | 13 |
| practice of the profession.
| 14 |
| (4) Making any misrepresentation for the purpose of | 15 |
| obtaining a license, or violating any provision of this Act | 16 |
| or its rules. | 17 |
| (5) Professional incompetence or gross negligence in | 18 |
| the rendering of genetic counseling services.
| 19 |
| (6) Gross or repeated negligence.
| 20 |
| (7) Aiding or assisting another person in violating any | 21 |
| provision of this Act or any rules.
| 22 |
| (8) Failing to provide information within 60 days in | 23 |
| response to a written request made by the Department.
| 24 |
| (9) Engaging in dishonorable, unethical, or | 25 |
| unprofessional conduct of a character likely to deceive, | 26 |
| defraud, or harm the public and violating the rules of | 27 |
| professional conduct adopted by the Department.
| 28 |
| (10) Failing to maintain the confidentiality of any | 29 |
| information received from a client, unless otherwise | 30 |
| authorized or required by law.
| 31 |
| (11) Exploiting a client for personal advantage, | 32 |
| profit, or interest.
| 33 |
| (12) Habitual or excessive use or addiction to alcohol, | 34 |
| narcotics, stimulants, or any other chemical agent or drug | 35 |
| which results in inability to practice with reasonable | 36 |
| skill, judgment, or safety.
|
|
|
|
SB2012 Enrolled |
- 17 - |
LRB094 07579 RAS 37748 b |
|
| 1 |
| (13) Discipline by another jurisdiction, if at least | 2 |
| one of the grounds for the discipline is the same or | 3 |
| substantially equivalent to those set forth in this | 4 |
| 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 |
| (15) A finding by the Department that the licensee, | 10 |
| after having the license placed on probationary status has | 11 |
| violated the terms of probation.
| 12 |
| (16) Failing to refer a client to other health care | 13 |
| professionals when the licensee is unable or unwilling to | 14 |
| adequately support or serve the client.
| 15 |
| (17) Willfully filing false reports relating to a | 16 |
| licensee's practice, including but not limited to false | 17 |
| records filed with federal or State agencies or | 18 |
| departments.
| 19 |
| (18) Willfully failing to report an instance of | 20 |
| suspected child abuse or neglect as required by the Abused | 21 |
| and Neglected Child Reporting Act.
| 22 |
| (19) Being named as a perpetrator in an indicated | 23 |
| report by the Department of Children and Family Services | 24 |
| pursuant to the Abused and Neglected Child Reporting Act, | 25 |
| and upon proof by clear and convincing evidence that the | 26 |
| licensee has caused a child to be an abused child or | 27 |
| neglected child as defined in the Abused and Neglected | 28 |
| Child Reporting Act.
| 29 |
| (20) Physical or mental disability, including | 30 |
| deterioration through the aging process or loss of | 31 |
| abilities and skills which results in the inability to | 32 |
| practice the profession with reasonable judgment, skill, | 33 |
| or safety.
| 34 |
| (21) Solicitation of professional services by using | 35 |
| false or misleading advertising.
| 36 |
| (22) Failure to file a return, or to pay the tax, |
|
|
|
SB2012 Enrolled |
- 18 - |
LRB094 07579 RAS 37748 b |
|
| 1 |
| penalty of interest shown in a filed return, or to pay any | 2 |
| final assessment of tax, penalty or interest, as required | 3 |
| by any tax Act administered by the Illinois Department of | 4 |
| Revenue or any successor agency or the Internal Revenue | 5 |
| Service or any successor agency.
| 6 |
| (23) A finding that licensure has been applied for or | 7 |
| obtained by fraudulent means.
| 8 |
| (24) Practicing or attempting to practice under a name | 9 |
| other than the full name as shown on the license or any | 10 |
| other legally authorized name.
| 11 |
| (25) Gross overcharging for professional services, | 12 |
| including filing statements for collection of fees or | 13 |
| monies for which services are not rendered.
| 14 |
| (26) Providing genetic counseling services to | 15 |
| individuals, couples, groups, or families without a | 16 |
| referral from either a physician licensed to practice | 17 |
| medicine in all its branches, an advanced practice nurse | 18 |
| who has a collaborative agreement with a collaborating | 19 |
| physician that authorizes the advanced practice nurse to | 20 |
| make referrals to a genetic counselor, or a physician | 21 |
| assistant who has been delegated authority to make | 22 |
| referrals to genetic counselors.
| 23 |
| (b) The Department shall deny, without hearing, any | 24 |
| application or renewal for a license under this Act to any | 25 |
| person who has defaulted on an educational loan guaranteed by | 26 |
| the Illinois State Assistance Commission; however, the | 27 |
| Department may issue a license or renewal if the person in | 28 |
| default has established a satisfactory repayment record as | 29 |
| determined by the Illinois Student Assistance Commission.
| 30 |
| (c) The determination by a court that a licensee is subject | 31 |
| to involuntary admission or judicial admission as provided in | 32 |
| the Mental Health and Developmental Disabilities Code will | 33 |
| result in an automatic suspension of his or her license. The | 34 |
| suspension will end upon a finding by a court that the licensee | 35 |
| is no longer subject to involuntary admission or judicial | 36 |
| admission, the issuance of an order so finding and discharging |
|
|
|
SB2012 Enrolled |
- 19 - |
LRB094 07579 RAS 37748 b |
|
| 1 |
| the patient, and the determination of the Director that the | 2 |
| licensee be allowed to resume professional practice.
| 3 |
| (Source: P.A. 93-1041, eff. 9-29-04.) | 4 |
| (225 ILCS 135/180)
| 5 |
| (Section scheduled to be repealed on January 1, 2015) | 6 |
| Sec. 180. Administrative Procedure Act; application. The | 7 |
| Illinois Administrative Procedure Act is hereby expressly | 8 |
| adopted and incorporated in this Act as if all of the | 9 |
| provisions of such Act were included in this Act , except that | 10 |
| the provision of paragraph (d) of Section 10-65 of the Illinois | 11 |
| Administrative Procedure Act, which provides that at hearings | 12 |
| the license holder has the right to show compliance with all | 13 |
| lawful requirements for retention, continuation, or renewal of | 14 |
| the certificate, is specifically excluded. For the purpose of | 15 |
| this Act the notice required under Section 10-25 of the | 16 |
| Illinois Administrative Procedure Act is deemed sufficient | 17 |
| when mailed to the last known address of a party .
| 18 |
| (Source: P.A. 93-1041, eff. 9-29-04.)
| 19 |
| (225 ILCS 135/70 rep.)
| 20 |
| Section 90. The Genetic Counselor Licensing Act is amended | 21 |
| by repealing Section 70.
|
|