Full Text of HB4974 96th General Assembly
HB4974enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning professional 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 3. The Illinois Clinical Laboratory and Blood Bank | 5 |
| Act is amended by changing Section 7-101 as follows:
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| (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
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| Sec. 7-101. Examination of specimens. A clinical | 8 |
| laboratory shall examine
specimens only at the request of (i) a | 9 |
| licensed physician, (ii) a
licensed dentist, (iii) a licensed | 10 |
| podiatrist, (iv) a therapeutic
optometrist for diagnostic or | 11 |
| therapeutic purposes related to the use of
diagnostic topical | 12 |
| or therapeutic ocular pharmaceutical agents, as defined in
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| subsections (c) and (d) of Section 15.1 of the Illinois | 14 |
| Optometric Practice Act
of 1987,
(v) a licensed
physician | 15 |
| assistant in
accordance with the written guidelines required | 16 |
| under subdivision (3) of
Section 4 and under Section 7.5 of the | 17 |
| Physician Assistant Practice Act of
1987,
(v-A) an advanced | 18 |
| practice nurse in accordance with the
written collaborative | 19 |
| agreement required under Section 65-35 of the Nurse Practice | 20 |
| Act,
or
(vi) an authorized law enforcement agency or, in the | 21 |
| case of blood
alcohol, at the request of the individual for | 22 |
| whom the test is to be performed
in compliance with Sections | 23 |
| 11-501 and 11-501.1 of the Illinois Vehicle Code , or (vii) a |
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| genetic counselor with the specific authority from a referral | 2 |
| to order a test or tests pursuant to subsection (b) of Section | 3 |
| 20 of the Genetic Counselor Licensing Act .
If the request to a | 4 |
| laboratory is oral, the physician or other authorized
person | 5 |
| shall submit a written request to the laboratory within 48 | 6 |
| hours. If
the laboratory does not receive the written request | 7 |
| within that period, it
shall note that fact in its records. For | 8 |
| purposes of this Section, a request
made by electronic mail or | 9 |
| fax constitutes a written request.
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| (Source: P.A. 95-639, eff. 10-5-07.)
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| Section 5. The Genetic Counselor Licensing Act is amended | 12 |
| by changing Sections 10, 20, 60, 90, and 95 as follows: | 13 |
| (225 ILCS 135/10)
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| (Section scheduled to be repealed on January 1, 2015) | 15 |
| Sec. 10. Definitions. As used in this Act: | 16 |
| "ABGC" means the American Board of Genetic Counseling. | 17 |
| "ABMG" means the American Board of Medical Genetics. | 18 |
| "Active candidate status" is awarded to applicants who have | 19 |
| received approval from the ABGC or ABMG to sit for their | 20 |
| respective certification examinations.
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| "Department" means the Department of Professional | 22 |
| Regulation. | 23 |
| "Director" means the Director of Professional Regulation. | 24 |
| "Genetic anomaly" means a variation in an individual's DNA |
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| that has been shown to confer a genetically influenced disease | 2 |
| or predisposition to a genetically influenced disease or makes | 3 |
| a person a carrier of such variation. A "carrier" of a genetic | 4 |
| anomaly means a person who may or may not have a predisposition | 5 |
| or risk of incurring a genetically influenced condition and who | 6 |
| is at risk of having offspring with a genetically influenced | 7 |
| condition.
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| "Genetic counseling" means the provision of services , | 9 |
| which may include the ordering of genetic tests , pursuant to a | 10 |
| referral, to individuals, couples, groups, families, and | 11 |
| organizations by one or more appropriately trained individuals | 12 |
| to address the physical and psychological issues associated | 13 |
| with the occurrence or risk of occurrence or recurrence of a | 14 |
| genetic disorder, birth defect, disease, or potentially | 15 |
| inherited or genetically influenced condition in an individual | 16 |
| or a family.
"Genetic counseling" consists of the following: | 17 |
| (A) Estimating the likelihood of occurrence or | 18 |
| recurrence of a birth defect or of any potentially | 19 |
| inherited or genetically influenced condition. This | 20 |
| assessment may involve: | 21 |
| (i) obtaining and analyzing a complete health | 22 |
| history of the person and his or her family; | 23 |
| (ii) reviewing pertinent medical records; | 24 |
| (iii) evaluating the risks from exposure to | 25 |
| possible mutagens or teratogens; | 26 |
| (iv) recommending genetic testing or other |
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| evaluations to diagnose a condition or determine the | 2 |
| carrier status of one or more family members; | 3 |
| (B) Helping the individual, family, health care | 4 |
| provider, or health care professional
(i) appreciate the | 5 |
| medical, psychological and social implications of a | 6 |
| disorder, including its features, variability, usual | 7 |
| course and management options, (ii) learn how genetic | 8 |
| factors contribute to the disorder and affect the chance | 9 |
| for recurrence of the condition in other family members, | 10 |
| and (iii) understand available options for coping with, | 11 |
| preventing, or reducing the chance of
occurrence or | 12 |
| recurrence of a condition.
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| (C) Facilitating an individual's or family's
(i) | 14 |
| exploration of the perception of risk and burden associated | 15 |
| with the disorder and (ii) adjustment and adaptation to the | 16 |
| condition or their genetic risk by addressing needs for
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| psychological, social, and medical support.
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| "Genetic counselor" means a person licensed under this Act | 19 |
| to engage in the practice of genetic counseling. | 20 |
| "Genetic testing" and "genetic test" mean a test or | 21 |
| analysis of human genes, gene products, DNA, RNA, chromosomes, | 22 |
| proteins, or metabolites that detects genotypes, mutations, | 23 |
| chromosomal changes, abnormalities, or deficiencies, including | 24 |
| carrier status, that (i) are linked to physical or mental | 25 |
| disorders or impairments, (ii) indicate a susceptibility to | 26 |
| illness, disease, impairment, or other disorders, whether |
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| physical or mental, or (iii) demonstrate genetic or chromosomal | 2 |
| damage due to environmental factors. "Genetic testing" and | 3 |
| "genetic tests" do not include routine physical measurements; | 4 |
| chemical, blood and urine analyses that are widely accepted and | 5 |
| in use in clinical practice; tests for use of drugs; tests for | 6 |
| the presence of the human immunodeficiency virus; analyses of | 7 |
| proteins or metabolites that do not detect genotypes, | 8 |
| mutations, chromosomal changes, abnormalities, or | 9 |
| deficiencies; or analyses of proteins or metabolites that are | 10 |
| directly related to a manifested disease, disorder, or | 11 |
| pathological condition that could reasonably be detected by a | 12 |
| health care professional with appropriate training and | 13 |
| expertise in the field of medicine involved. | 14 |
| "Person" means an individual, association, partnership, or | 15 |
| corporation. | 16 |
| "Qualified supervisor" means any person who is a licensed | 17 |
| genetic counselor, as defined by rule, or a physician licensed | 18 |
| to practice medicine in all its branches. A qualified | 19 |
| supervisor may be provided at the applicant's place of work, or | 20 |
| may be contracted by the applicant to provide supervision. The | 21 |
| qualified supervisor shall file written documentation with
the | 22 |
| Department of employment, discharge, or supervisory control of | 23 |
| a genetic counselor at the time of employment, discharge, or | 24 |
| assumption of supervision of a genetic counselor. | 25 |
| "Referral" means a written or telecommunicated | 26 |
| authorization for genetic counseling services from a physician |
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| licensed to practice medicine in all its branches, an advanced | 2 |
| practice nurse who has a collaborative agreement with a | 3 |
| collaborating physician that authorizes referrals to a genetic | 4 |
| counselor, or a physician assistant who has a supervision | 5 |
| agreement with a supervising physician that authorizes | 6 |
| referrals to a genetic counselor who has been delegated | 7 |
| authority to make referrals to genetic counselors .
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| "Supervision" means review of aspects of genetic | 9 |
| counseling and case management in a bimonthly meeting with the | 10 |
| person under supervision.
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| (Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.) | 12 |
| (225 ILCS 135/20)
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| (Section scheduled to be repealed on January 1, 2015) | 14 |
| Sec. 20. Restrictions and limitations.
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| (a) Beginning 12 months after the adoption of the final | 16 |
| administrative rules, except as provided in Section 15, no | 17 |
| person shall, without a valid license as a genetic counselor | 18 |
| issued by the Department (i) in any manner hold himself or | 19 |
| herself out to the public as a genetic counselor under this | 20 |
| Act; (ii) use in connection with his or her name or place of | 21 |
| business the title "genetic counselor", "licensed genetic | 22 |
| counselor", "gene counselor", "genetic consultant", or | 23 |
| "genetic associate" or any words, letters, abbreviations, or | 24 |
| insignia indicating or implying a person has met the | 25 |
| qualifications for or has the license issued under this Act; or |
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| (iii) offer to render or render to individuals, corporations, | 2 |
| or the public genetic counseling services if the words "genetic | 3 |
| counselor" or "licensed genetic counselor" are used to describe | 4 |
| the person offering to render or rendering them, or "genetic | 5 |
| counseling" is used to describe the services rendered or | 6 |
| offered to be rendered.
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| (b) Beginning 12 months after the adoption of the final | 8 |
| administrative rules, no licensed genetic counselor may | 9 |
| provide genetic counseling to individuals, couples, groups, or | 10 |
| families without a referral from a physician licensed to | 11 |
| practice medicine in all its branches, an advanced practice | 12 |
| nurse who has a collaborative agreement with a collaborating | 13 |
| physician that authorizes referrals to a genetic counselor, or | 14 |
| a physician assistant who has been delegated authority to make | 15 |
| referrals to genetic counselors. The physician, advanced | 16 |
| practice nurse, or physician assistant shall maintain | 17 |
| supervision of the patient and be provided timely written | 18 |
| reports on the services , including genetic testing results, | 19 |
| provided by the licensed genetic counselor. Genetic testing | 20 |
| shall be ordered by a physician licensed to practice medicine | 21 |
| in all its branches or a genetic counselor pursuant to a | 22 |
| referral that gives the specific authority to order genetic | 23 |
| tests . Genetic test results and reports shall be provided to | 24 |
| the referring physician, advanced practice nurse, or physician | 25 |
| assistant. General seminars or talks to groups or organizations | 26 |
| on genetic counseling that do not include individual, couple, |
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| or family specific counseling may be conducted without a | 2 |
| referral. In clinical settings, genetic counselors who serve as | 3 |
| a liaison between family members of a patient and a genetic | 4 |
| research project, may, with the consent of the patient, provide | 5 |
| information to family members for the purpose of gathering | 6 |
| additional information, as it relates to the patient, without a | 7 |
| referral. In non-clinical settings where no patient is being | 8 |
| treated, genetic counselors who serve as a liaison between a | 9 |
| genetic research project and participants in that genetic | 10 |
| research project may provide information to the participants, | 11 |
| without a referral.
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| (c) Beginning 12 months after the adoption of the final | 13 |
| administrative rules, no association or partnership shall | 14 |
| practice genetic counseling unless every member, partner, and | 15 |
| employee of the association or partnership who practices | 16 |
| genetic counseling or who renders genetic counseling services | 17 |
| holds a valid license issued under this Act. No license shall | 18 |
| be issued to a corporation, the stated purpose of which | 19 |
| includes or which practices or which holds itself out as | 20 |
| available to practice genetic counseling, unless it is | 21 |
| organized under the Professional Service Corporation Act.
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| (d) Nothing in this Act shall be construed as permitting | 23 |
| persons licensed as genetic counselors to engage in any manner | 24 |
| in the practice of medicine in all its branches as defined by | 25 |
| law in this State.
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| (e) Nothing in this Act shall be construed to authorize a |
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| licensed genetic counselor to diagnose, test (unless | 2 |
| authorized in a referral) , or treat any genetic or other | 3 |
| disease or condition. | 4 |
| (f) When, in the course of providing genetic counseling | 5 |
| services to any person, a genetic counselor licensed under this | 6 |
| Act finds any indication of a disease or condition that in his | 7 |
| or her professional judgment requires professional service | 8 |
| outside the scope of practice as defined in this Act, he or she | 9 |
| shall refer that person to a physician licensed to practice | 10 |
| medicine in all of its branches.
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| (Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.) | 12 |
| (225 ILCS 135/60)
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| (Section scheduled to be repealed on January 1, 2015) | 14 |
| Sec. 60. Temporary
licensure.
A temporary license may be | 15 |
| issued to an individual who has made application to the | 16 |
| Department, has submitted evidence to the Department of | 17 |
| admission to the certifying examination administered by the | 18 |
| ABGC or the ABMG or either of its successor agencies, has met | 19 |
| all of the requirements for licensure in accordance with | 20 |
| Section 55 of this Act, except the examination requirement of | 21 |
| item (4) of Section 55 of this Act, and has met any other | 22 |
| condition established by rule. The holder of a temporary | 23 |
| license shall practice only under the supervision of a | 24 |
| qualified supervisor and may not have the authority to order | 25 |
| genetic tests. Nothing in this Section prohibits an applicant |
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| from re-applying for a temporary license if he or she meets the | 2 |
| qualifications of this Section .
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| (Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.) | 4 |
| (225 ILCS 135/90)
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| (Section scheduled to be repealed on January 1, 2015) | 6 |
| Sec. 90. Privileged communications and exceptions.
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| (a) With the exception of disclosure to the physician | 8 |
| performing or supervising a genetic test and to the referring | 9 |
| physician licensed to practice medicine in all its branches, | 10 |
| advanced practice nurse, or physician assistant, no No licensed | 11 |
| genetic counselor shall disclose any information acquired from | 12 |
| persons consulting the counselor in a professional capacity, | 13 |
| except that which may be voluntarily disclosed under any of the | 14 |
| following circumstances:
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| (1) In the course of formally reporting, conferring, or | 16 |
| consulting with administrative superiors, colleagues, or | 17 |
| consultants who share professional responsibility, in | 18 |
| which instance all recipients of the information are | 19 |
| similarly bound to regard the communication as privileged.
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| (2) With the written consent of the person who provided | 21 |
| the information and about whom the information concerns.
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| (3) In the case of death or disability, with the | 23 |
| written consent of a personal representative. | 24 |
| (4) When a communication reveals the intended | 25 |
| commission of a crime or harmful act and such disclosure is |
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| judged necessary in the professional judgment of the | 2 |
| licensed genetic counselor to protect any person from a | 3 |
| clear risk of serious mental or physical harm or injury or | 4 |
| to forestall a serious threat to the public safety. | 5 |
| (5) When the person waives the privilege by bringing | 6 |
| any public charges or filing a lawsuit against the | 7 |
| licensee. | 8 |
| (b) Any person having access to records or anyone who | 9 |
| participates in providing genetic counseling services, or in | 10 |
| providing any human services, or is supervised by a licensed | 11 |
| genetic counselor is similarly bound to regard all information | 12 |
| and communications as privileged in accord with this Section.
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| (c) The Mental Health and Developmental Disabilities | 14 |
| Confidentiality Act is incorporated herein as if all of its | 15 |
| provisions were included in this Act. In the event of a | 16 |
| conflict between the application of this Section and the Mental | 17 |
| Health and Developmental Disabilities Confidentiality Act to a | 18 |
| specific situation, the provisions of the Mental Health and | 19 |
| Developmental Disabilities Confidentiality Act shall control.
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| (Source: P.A. 93-1041, eff. 9-29-04.) | 21 |
| (225 ILCS 135/95)
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| (Section scheduled to be repealed on January 1, 2015) | 23 |
| Sec. 95. Grounds for discipline.
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| (a) The Department may refuse to issue, renew, or may | 25 |
| revoke, suspend, place on probation, reprimand, or take other |
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| 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.
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| (2) Violations or negligent or intentional disregard | 8 |
| of this Act, or any of its rules.
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| (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.
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| (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) Gross Professional incompetence or gross | 18 |
| negligence in the rendering of genetic counseling | 19 |
| services.
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| (6) Failure to provide genetic testing results and any | 21 |
| requested information to a referring physician licensed to | 22 |
| practice medicine in all its branches, advanced practice | 23 |
| nurse, or physician assistant Gross or repeated | 24 |
| negligence .
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| (7) Aiding or assisting another person in violating any | 26 |
| provision of this Act or any rules.
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| (8) Failing to provide information within 60 days in | 2 |
| response to a written request made by the Department.
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| (9) Engaging in dishonorable, unethical, or | 4 |
| unprofessional conduct of a character likely to deceive, | 5 |
| defraud, or harm the public and violating the rules of | 6 |
| professional conduct adopted by the Department.
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| (10) Failing to maintain the confidentiality of any | 8 |
| information received from a client, unless otherwise | 9 |
| authorized or required by law.
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| (10.5) Failure to maintain client records of services | 11 |
| provided and provide copies to clients upon request. | 12 |
| (11) Exploiting a client for personal advantage, | 13 |
| profit, or interest.
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| (12) Habitual or excessive use or addiction to alcohol, | 15 |
| narcotics, stimulants, or any other chemical agent or drug | 16 |
| which results in inability to practice with reasonable | 17 |
| skill, judgment, or safety.
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| (13) Discipline by another jurisdiction, if at least | 19 |
| one of the grounds for the discipline is the same or | 20 |
| substantially equivalent to those set forth in this | 21 |
| Section.
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| (14) Directly or indirectly giving to or receiving from | 23 |
| any person, firm, corporation, partnership, or association | 24 |
| any fee, commission, rebate, or other form of compensation | 25 |
| for any professional service not actually rendered.
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| (15) A finding by the Department that the licensee, |
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| after having the license placed on probationary status has | 2 |
| violated the terms of probation.
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| (16) Failing to refer a client to other health care | 4 |
| professionals when the licensee is unable or unwilling to | 5 |
| adequately support or serve the client.
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| (17) Willfully filing false reports relating to a | 7 |
| licensee's practice, including but not limited to false | 8 |
| records filed with federal or State agencies or | 9 |
| departments.
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| (18) Willfully failing to report an instance of | 11 |
| suspected child abuse or neglect as required by the Abused | 12 |
| and Neglected Child Reporting Act.
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| (19) Being named as a perpetrator in an indicated | 14 |
| report by the Department of Children and Family Services | 15 |
| pursuant to the Abused and Neglected Child Reporting Act, | 16 |
| and upon proof by clear and convincing evidence that the | 17 |
| licensee has caused a child to be an abused child or | 18 |
| neglected child as defined in the Abused and Neglected | 19 |
| Child Reporting Act.
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| (20) Physical or mental disability, including | 21 |
| deterioration through the aging process or loss of | 22 |
| abilities and skills which results in the inability to | 23 |
| practice the profession with reasonable judgment, skill, | 24 |
| or safety.
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| (21) Solicitation of professional services by using | 26 |
| false or misleading advertising.
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| (22) Failure to file a return, or to pay the tax, | 2 |
| penalty of interest shown in a filed return, or to pay any | 3 |
| final assessment of tax, penalty or interest, as required | 4 |
| by any tax Act administered by the Illinois Department of | 5 |
| Revenue or any successor agency or the Internal Revenue | 6 |
| Service or any successor agency.
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| (23) A finding that licensure has been applied for or | 8 |
| obtained by fraudulent means.
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| (24) Practicing or attempting to practice under a name | 10 |
| other than the full name as shown on the license or any | 11 |
| other legally authorized name.
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| (25) Gross overcharging for professional services, | 13 |
| including filing statements for collection of fees or | 14 |
| monies for which services are not rendered.
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| (26) Providing genetic counseling services to | 16 |
| individuals, couples, groups, or families without a | 17 |
| referral from either a physician licensed to practice | 18 |
| medicine in all its branches, an advanced practice nurse | 19 |
| who has a collaborative agreement with a collaborating | 20 |
| physician that authorizes the advanced practice nurse to | 21 |
| make referrals to a genetic counselor, or a physician | 22 |
| assistant who has been delegated authority to make | 23 |
| referrals to genetic counselors.
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| (b) The Department shall deny, without hearing, any | 25 |
| application or renewal for a license under this Act to any | 26 |
| person who has defaulted on an educational loan guaranteed by |
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| the Illinois State Assistance Commission; however, the | 2 |
| Department may issue a license or renewal if the person in | 3 |
| default has established a satisfactory repayment record as | 4 |
| determined by the Illinois Student Assistance Commission.
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| (c) The determination by a court that a licensee is subject | 6 |
| to involuntary admission or judicial admission as provided in | 7 |
| the Mental Health and Developmental Disabilities Code will | 8 |
| result in an automatic suspension of his or her license. The | 9 |
| suspension will end upon a finding by a court that the licensee | 10 |
| is no longer subject to involuntary admission or judicial | 11 |
| admission, the issuance of an order so finding and discharging | 12 |
| the patient, and the determination of the Director that the | 13 |
| licensee be allowed to resume professional practice.
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| (Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.
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