SB 643 — GENETIC COUNSELOR LICENSING

SB0643 EngrossedEnrolled LRB098 04877 RPM 34905 b AN ACT concerning regulation.

SB0643 EngrossedEnrolled - 2 - LRB098 04877 RPM 34905 b "ABMG" means the American Board of Medical Genetics.

"Genetic counseling" means the provision of services, which may include the ordering of genetic tests, pursuant to a referral, to individuals, couples, groups, families, and organizations by one or more appropriately trained individuals SB0643 EngrossedEnrolled - 3 - LRB098 04877 RPM 34905 b to address the physical and psychological issues associated with the occurrence or risk of occurrence or recurrence of a genetic disorder, birth defect, disease, or potentially inherited or genetically influenced condition in an individual or a family.

(B) Helping the individual, family, health care provider, or health care professional (i) appreciate the medical, psychological and social implications of a disorder, including its features, variability, usual course and management options, (ii) learn how genetic factors contribute to the disorder and affect the chance for recurrence of the condition in other family members, and (iii) understand available options for coping with, preventing, or reducing the chance of occurrence or SB0643 EngrossedEnrolled - 4 - LRB098 04877 RPM 34905 b recurrence of a condition.

or analyses of proteins or metabolites that are directly related to a manifested disease, disorder, or pathological condition that could reasonably be detected by a SB0643 EngrossedEnrolled - 5 - LRB098 04877 RPM 34905 b health care professional with appropriate training and expertise in the field of medicine involved.

SB0643 EngrossedEnrolled - 6 - LRB098 04877 RPM 34905 b (Source:

(b) No Beginning 12 months after the adoption of the final administrative rules, no licensed genetic counselor may provide genetic counseling to individuals, couples, groups, or families without a referral from a physician licensed to SB0643 EngrossedEnrolled - 7 - LRB098 04877 RPM 34905 b practice medicine in all its branches, an advanced practice nurse who has a collaborative agreement with a collaborating physician that authorizes referrals to a genetic counselor, or a physician assistant who has been delegated authority to make referrals to genetic counselors.

In non-clinical settings where no patient is being treated, genetic counselors who serve as a liaison between a genetic research project and participants in that genetic research project may provide information to the participants, SB0643 EngrossedEnrolled - 8 - LRB098 04877 RPM 34905 b without a referral.

SB0643 EngrossedEnrolled - 9 - LRB098 04877 RPM 34905 b (Source:

1-1-06.) (225 ILCS 135/45) SB0643 EngrossedEnrolled - 10 - LRB098 04877 RPM 34905 b (Section scheduled to be repealed on January 1, 2015) Sec.

The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within SB0643 EngrossedEnrolled - 11 - LRB098 04877 RPM 34905 b 30 calendar days after notification.

(1) Material misstatement in furnishing information to SB0643 EngrossedEnrolled - 12 - LRB098 04877 RPM 34905 b the Department or to any other State agency.

(7) Aiding or assisting another person in violating any SB0643 EngrossedEnrolled - 13 - LRB098 04877 RPM 34905 b provision of this Act or any rules.

(14) Directly or indirectly giving to or receiving from any person, firm, corporation, partnership, or association any fee, commission, rebate, or other form of compensation SB0643 EngrossedEnrolled - 14 - LRB098 04877 RPM 34905 b for any professional service not actually rendered.

(19) Being named as a perpetrator in an indicated SB0643 EngrossedEnrolled - 15 - LRB098 04877 RPM 34905 b report by the Department of Children and Family Services pursuant to the Abused and Neglected Child Reporting Act, and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.

(24) Practicing or attempting to practice under a name other than the full name as shown on the license or any SB0643 EngrossedEnrolled - 16 - LRB098 04877 RPM 34905 b other legally authorized name.

(c) The determination by a court that a licensee is subject SB0643 EngrossedEnrolled - 17 - LRB098 04877 RPM 34905 b to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code will result in an automatic suspension of his or her license.

(e) In cases where the Department of Healthcare and Family Services has previously determined that a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with SB0643 EngrossedEnrolled - 18 - LRB098 04877 RPM 34905 b item (5) of subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

Proceedings under this Section are in addition to all other SB0643 EngrossedEnrolled - 19 - LRB098 04877 RPM 34905 b remedies and penalties provided by this Act.

The Department shall, before revoking, suspending, placing on probation, reprimanding, or taking any other disciplinary action under Section 95 of this Act, at least 30 days prior to the date set for the hearing, (i) notify the accused, in writing, of any SB0643 EngrossedEnrolled - 20 - LRB098 04877 RPM 34905 b charges made and the time and place for the hearing on the charges, (ii) direct him or her to file a written answer to the charges with the Department under oath within 20 days after service of the notice, and (iii) inform the accused that, if he or she fails to answer, default will be taken against him or her or that his or her license or certificate may be suspended, revoked, placed on probationary status, or other disciplinary action taken with regard to the license, including limiting the scope, nature, or extent of his or her practice, as the Department may deem proper.

The SB0643 EngrossedEnrolled - 21 - LRB098 04877 RPM 34905 b Department, at its expense, shall preserve a record of all proceedings at the formal hearing of any case.

The Secretary, the shorthand court reporter, Director and the designated hearing officer may has the power to administer oaths to witnesses at SB0643 EngrossedEnrolled - 22 - LRB098 04877 RPM 34905 b any hearing which the Department conducts is authorized to conduct, and any other oaths authorized in any Act administered by the Department.

At the conclusion of the hearing, the hearing officer shall present to the Secretary Director a written report of its findings of fact, SB0643 EngrossedEnrolled - 23 - LRB098 04877 RPM 34905 b conclusions of law, and recommendations.

SB0643 EngrossedEnrolled - 24 - LRB098 04877 RPM 34905 b (Source:

9-29-04.) SB0643 EngrossedEnrolled - 25 - LRB098 04877 RPM 34905 b (225 ILCS 135/150) (Section scheduled to be repealed on January 1, 2015) Sec.

The Secretary Director may summarily suspend the license of a genetic counselor without a hearing, simultaneously with the institution of proceedings for a hearing provided for in Section 105 of this Act, if the Secretary Director finds that the evidence in the possession of the Director indicates that SB0643 EngrossedEnrolled - 26 - LRB098 04877 RPM 34905 b the continuation of practice by the genetic counselor would constitute an imminent danger to the public.

The Illinois Administrative Procedure Act is hereby expressly SB0643 EngrossedEnrolled - 27 - LRB098 04877 RPM 34905 b adopted and incorporated in this Act as if all of the provisions of such Act were included in this Act, except that the provision of paragraph (d) of Section 10-65 of the Illinois Administrative Procedure Act, which provides that at hearings the license holder has the right to show compliance with all lawful requirements for retention, continuation, or renewal of the certificate, is specifically excluded.

Information and documents disclosed to a federal, State, county, or local law enforcement SB0643 EngrossedEnrolled - 28 - LRB098 04877 RPM 34905 b agency shall not be disclosed by the agency for any purpose to any other agency or person.