Full Text of SB2985 99th General Assembly
SB2985enr 99TH GENERAL ASSEMBLY |
| | SB2985 Enrolled | | LRB099 15645 MLM 39938 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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| 5 | | by changing Sections 10, 20, and 95 as follows: | 6 | | (225 ILCS 135/10) | 7 | | (Section scheduled to be repealed on January 1, 2025) | 8 | | Sec. 10.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.
| 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 |
| | | SB2985 Enrolled | - 2 - | LRB099 15645 MLM 39938 b |
|
| 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.
| 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 |
| | | SB2985 Enrolled | - 3 - | LRB099 15645 MLM 39938 b |
|
| 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.
| 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
| 17 | | psychological, social, and medical support.
| 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 |
| | | SB2985 Enrolled | - 4 - | LRB099 15645 MLM 39938 b |
|
| 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 |
| | | SB2985 Enrolled | - 5 - | LRB099 15645 MLM 39938 b |
|
| 1 | | licensed to practice medicine in all its branches, a licensed | 2 | | advanced practice nurse, or a licensed physician assistant.
| 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. 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.
| 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" |
| | | SB2985 Enrolled | - 6 - | LRB099 15645 MLM 39938 b |
|
| 1 | | is used to describe the services rendered or offered to be | 2 | | rendered.
| 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 |
| | | SB2985 Enrolled | - 7 - | LRB099 15645 MLM 39938 b |
|
| 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.
| 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.
| 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.
| 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 |
| | | SB2985 Enrolled | - 8 - | LRB099 15645 MLM 39938 b |
|
| 1 | | medicine in all of its branches.
| 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.
| 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.
| 14 | | (2) Violations or negligent or intentional disregard | 15 | | of this Act, or any of its rules.
| 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.
| 25 | | (4) Making any misrepresentation for the purpose of |
| | | SB2985 Enrolled | - 9 - | LRB099 15645 MLM 39938 b |
|
| 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.
| 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.
| 9 | | (7) Aiding or assisting another person in violating any | 10 | | provision of this Act or any rules.
| 11 | | (8) Failing to provide information within 60 days in | 12 | | response to a written request made by the Department.
| 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.
| 17 | | (10) Failing to maintain the confidentiality of any | 18 | | information received from a client, unless otherwise | 19 | | authorized or required by law.
| 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.
| 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 |
| | | SB2985 Enrolled | - 10 - | LRB099 15645 MLM 39938 b |
|
| 1 | | skill, judgment, or safety.
| 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.
| 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.
| 25 | | (16) Failing to refer a client to other health care | 26 | | professionals when the licensee is unable or unwilling to |
| | | SB2985 Enrolled | - 11 - | LRB099 15645 MLM 39938 b |
|
| 1 | | adequately support or serve the client.
| 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.
| 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.
| 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.
| 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.
| 21 | | (21) Solicitation of professional services by using | 22 | | false or misleading advertising.
| 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 |
| | | SB2985 Enrolled | - 12 - | LRB099 15645 MLM 39938 b |
|
| 1 | | Revenue or any successor agency or the Internal Revenue | 2 | | Service or any successor agency.
| 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.
| 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) (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.
| 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 |
| | | SB2985 Enrolled | - 13 - | LRB099 15645 MLM 39938 b |
|
| 1 | | default has established a satisfactory repayment record as | 2 | | determined by the Illinois Student Assistance Commission.
| 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 |
| | | SB2985 Enrolled | - 14 - | LRB099 15645 MLM 39938 b |
|
| 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.
| 11 | | (Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15.)
|
|