GENETIC COUNSELOR LIC ACT
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HB 4200 — GENETIC COUNSELOR LIC ACT
Last action — Public Act . . . . . . . . . 93-1041
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 26, 2004. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
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Enacted
Current position in the legislative process.
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1 sponsor
0 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 4 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Creates the Genetic Counselor Licensing Act. Regulates the practice of genetic counseling through licensure requirements. Provides for administration of the Act by the Department of Professional Regulation. Provides enforcement provisions. Preempts home rule. Amends the Regulatory Sunset Act to repeal the Genetic Counselor Licensing Act on January 1, 2015. Effective immediately.
Bill Text
What changed in the latest version
897 added · 843 removedPlain-language change summary
The changes made to Bill HB 4200 clarify the role of professionals in the field of genetics, specifically focusing on genetic counselors rather than a broader category of medical genetics professionals. By emphasizing genetic counselors, the bill aims to ensure that these specialists are properly regulated and have the necessary qualifications, training, and experience. This matters because it enhances the quality of genetic counseling services available to families, helping them receive accurate and supportive care regarding genetic health issues.
HB4200 EngrossedEnrolled LRB093 18959 AMC 44694 b AN ACT concerning professional regulation.
This has created a need for qualified medical genetics professionals, including genetic counselors, to coordinate an assessmentassessment, that may include genetic testing, to deliver accurate information to families, to assist the families in adjusting to the implications of their diagnoses, and to help ensure that genetic information is used appropriately in the delivery of medical care.
"Department" means the Department of Professional HB4200 EngrossedEnrolled - 2 - LRB093 18959 AMC 44694 b "Department" means the Department of Professional Regulation.
"Genetic counseling" includes,consists butof is not limited to, the following:
(B) Helping the individual, family, health care provider, or publichealth care professional (i) appreciate the medical, psychological and social implications of a disorder, including its features, variability, usual course and HB4200 Engrossed - 3 - LRB093 18959 AMC 44694 b management options, (ii) learn how genetic factors contribute to the disorder and affect the chance HB4200 Enrolled - 3 - LRB093 18959 AMC 44694 b 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 recurrence of a condition,condition. (iv) select the most appropriate, accurate, and cost-effective methods of diagnosis, and (v) understand genetic or prenatal tests, coordinate testing for inherited disorders, and interpret complex genetic test results.
(C) Facilitating an individual’s or family’s (i) exploration of the perception of risk and burden associated with the disorder,disorder (ii) decision-making regarding testing or medical interventions consistent with their beliefs, goals, needs, resources, culture, and ethical(ii) and moral views, and (iii) adjustment and adaptation to the condition or their genetic risk by addressing needs for psychological, social, and medical support.
(D) Entering pertinent patient interactions into the patient’s medical records.
"Genetic test" is a test of a person’s genes, gene products, or chromosomes for abnormalities or deficiencies, including carrier status, that are linked to physical or mental disorders or impairments, indicate a susceptibility to illness, disease, impairment, or other disorders, whether physical or mental, or demonstrate genetic or chromosomal damage due to environmental factors.
"Genetic testing" does not include routine physical measurements;
chemical, blood, and urine analyses that are widely accepted and in use in clinical practice;
tests for use of drugs;
and tests for the presence of the human immunodeficiency virus.
"Qualified supervisor" means any person who is a licensed HB4200 Engrossed - 4 - LRB093 18959 AMC 44694 b genetic counselor, as defined by rule, or a physician withlicensed ato specialtypractice medicine in geneticsall certifiedits bybranches. the American Board of Medical Genetics.
HB4200 Enrolled - 4 - LRB093 18959 AMC 44694 b (b) Nothing in this Act shall be construed to limit the activities and services of (i) a student, intern, resident, or fellow in genetic counseling or genetics seeking to fulfill educational requirements in order to qualify for a license under this Act if these activities and services constitute a part of the student’s supervised course of study or (ii) an individual seeking to fulfill the post-degree experience requirements in order to qualify for licensing under this Act, as long as the activities and services are not conducted in an independent practice if the activities and services are supervised by a qualified supervisor.
A student, intern, resident, or fellow must be designated by the title "intern", "resident", "fellow", or any other designation of trainee HB4200 Engrossed - 5 - LRB093 18959 AMC 44694 b status.
(d) Nothing in this Act shall prevent the employment, by a genetic counselor, person, association, partnership, or corporation furnishing genetic counseling services for remuneration, of persons not licensed as genetic counselors under this Act to perform services in various capacities as needed, if these persons are not in any manner held out to the public or do not hold themselves out to the public by any title HB4200 Enrolled - 5 - LRB093 18959 AMC 44694 b or designation stating or implying that they are genetic counselors.
HB4200 Engrossed - 6 - LRB093 18959 AMC 44694 b (f) Duly recognized members of any religious organization shall not be restricted from functioning in their ministerial capacity provided they do not represent themselves as being genetic counselors or as providing genetic counseling.
(g) Nothing in this Act shall be construed to limitrequire theor activitiesprohibit andany usehospital, ofclinic, thehome officialhealth titleagency, ofhospice, "geneticor counselor"other onentity thethat partprovides ofhealth acare personto notemploy licensedor underto thiscontract Actwith who is an academic employee of a dulyperson charteredlicensed institution of higher education and who holds educational and professional qualifications equivalent to those required for licensure under this Act,Act insofarto asprovide suchgenetic activitiescounseling areservices. performed in the person’s role as an academic employee, or insofar as such person engages in public speaking with or without remuneration.
(h) Nothing in this Act shall be construed to requireprevent any hospital,licensed clinic,social homeworker, healthlicensed agency,clinical hospice,social worker, licensed clinical psychologist, licensed professional counselor, or otherlicensed entityclinical professional counselor from practicing professional counseling as long as that providesperson healthis carenot toin employany ormanner held out to contractthe withpublic as a person"genetic licensedcounselor" underor this"licensed Actgenetic tocounselor" provideor geneticdoes counselingnot services.hold out his or her services as being genetic counseling.
(i) Nothing in this Act shall be construed to preventlimit anythe licensedpractice socialof worker,a licensedperson clinicalnot social worker, licensed clinicalunder psychologist,this licensedAct professionalwho counselor,is ora physician licensed clinicalto professionalpractice counselormedicine fromin practicingall professionalof counselingits asbranches longunder asthe thatMedical personPractice isAct notof in1987 anyor mannerintern, heldfellow, outor toresident thefrom publicusing asthe atitle "genetic counselor" or "licensedany geneticother counselor"title ortending doesto notindicate holdthey outare hisa or her services as being genetic counseling.counselor.
(j) Nothing in thisthe Act shall beprohibit construeda tovisiting limitABGC theor competentHB4200 practiceEnrolled of- 6 - LRB093 18959 AMC 44694 b ABMG certified genetic counselor from outside the occupationState ofworking as a personconsultant, notor licensedorganizations underfrom thisoutside Actthe whoState isemploying aABGC physicianor ABMG certified genetic counselors providing occasional services, who are not licensed tounder practicethis medicineAct, from engaging in allthe practice of itsgenetic branchescounseling undersubject to the Medicalstated Practicecircumstances Actand oflimitations. 1987.
(k) Nothing in this Act shall prohibit a visiting ABGC or ABMG certified genetic counselor from outside the State working as a consultant, or organizations from outside the State employing ABGC or ABMG certified genetic counselors providing occasional services, who are not licensed under this Act, from engaging in the practice of genetic counseling subject to the HB4200 Engrossed - 7 - LRB093 18959 AMC 44694 b stated circumstances and limitations.
(a) Beginning on January 1, 2006, except as provided in Section 15, no person shall, without a valid license as a genetic counselor issued by the Department (i) in any manner hold himself or herself out to the public as a genetic counselor under this Act;
(b) Beginning on January 1, 2006, no associationlicensed orgenetic partnershipcounselor shallmay practiceprovide genetic counseling unlessto everyindividuals, member,couples, partner,groups, andor employeefamilies ofwithout thea associationwritten orreferral partnershipfrom a physician licensed to practice medicine in all its branches, an advanced practice nurse who practiceshas a collaborative agreement with a collaborating physician that authorizes referrals to a genetic counselingcounselor, or whoa rendersphysician geneticassistant counselingwho serviceshas holdsbeen adelegated validauthority licenseto issuedmake underreferrals thisto Act.genetic counselors.
The physician, advanced practice nurse, or physician assistant shall maintain supervision of the patient and be provided written reports on the services provided by the licensed genetic counselor.
Genetic testing shall be ordered by a HB4200 Enrolled - 7 - LRB093 18959 AMC 44694 b physician licensed to practice medicine in all its branches.
Genetic test reports shall be provided to the referring physician, advanced practice nurse, or physician assistant.
General seminars or talks to groups or organizations on genetic counseling that do not include individual, couple, or family specific counseling may be conducted without a referral.
(c) Beginning on January 1, 2006, no association or partnership shall practice genetic counseling unless every member, partner, and employee of the association or partnership who practices genetic counseling or who renders genetic counseling services holds a valid license issued under this Act.
(c)(d) Nothing in this Act shall be construed as permitting persons licensed as genetic counselors to engage in any manner in the practice of medicine in all its branches as defined by law in this State.
(d)(e) When,Nothing in thethis courseAct ofshall providingbe geneticconstrued counseling services to anyauthorize person, a licensed genetic counselor licensedto underdiagnose, thistest, Act finds indication of a disease or conditiontreat thatany ingenetic his or herother professionaldisease judgment requires professional service outside the scope of practice as defined in this Act, he or shecondition. HB4200 Engrossed - 8 - LRB093 18959 AMC 44694 b shall refer that person to a physician licensed to practice medicine in all of its branches or another appropriate health care practitioner.
(f) When, in the course of providing genetic counseling services to any person, a genetic counselor licensed under this Act finds any indication of a disease or condition that in his or her professional judgment requires professional service outside the scope of practice as defined in this Act, he or she shall refer that person to a physician licensed to practice medicine in all of its branches.
(a) Beginning on January 1, 2006, any person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice as a genetic counselor without being licensed or exempt under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the HB4200 Enrolled - 8 - LRB093 18959 AMC 44694 b Department in an amount not to exceed $5,000 for each offense, as determined by the Department.
(c) adopt rules necessary for the administration of this HB4200 Engrossed - 9 - LRB093 18959 AMC 44694 b Act;
Applications for original licenses shall be made to the Department on forms prescribed by the Department and accompanied by the required HB4200 Enrolled - 9 - LRB093 18959 AMC 44694 b fee, which is not refundable.
However, such HB4200 Engrossed - 10 - LRB093 18959 AMC 44694 b applicant may thereafter make a new application for license only if the applicant provides documentation of passing the certification examination offered through the ABGC or ABMG or their successor agencies and satisfies the requirements then in existence for a license.
(1) has applied in writing in form and substance HB4200 Enrolled - 10 - LRB093 18959 AMC 44694 b satisfactory to the Department;
HB4200 Engrossed - 11 - LRB093 18959 AMC 44694 b (2) has submitted evidence to the Department of active candidate status for the certifying examination administered by the ABGC or the ABMG or their successor agencies;
(b) A temporary license shall allow the applicant to practice under the supervision of a qualified supervisor until he or she receives certification from the ABGC or the ABMG or their successor agencies or 2 exam cycles have elapsed, HB4200 Enrolled - 11 - LRB093 18959 AMC 44694 b whichever comes first.
(c) If the person has not maintained an active practice in HB4200 Engrossed - 12 - LRB093 18959 AMC 44694 b another jurisdiction that is satisfactory to the Department, the Department shall determine the person’s fitness to resume active status.
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(d) Any person whose license expired while on active duty with the armed forces of the United States, while called into service or training with the State Militia, or while in HB4200 Enrolled - 12 - LRB093 18959 AMC 44694 b training or education under the supervision of the United States government prior to induction into military service may have his license restored without paying any renewal fees if, within 2 years after the termination of such service, training, or education, except under conditions other than honorable, the Department is furnished with satisfactory evidence that the person has been so engaged and that such service, training, or education has been so terminated.
(e) A license to practice shall not be denied any applicant because of the applicant’s race, religion, creed, national origin, political beliefs or activities, age, sex, sexual orientation, or physical impairment.
or (b) Upon enactment of this law, qualified applicants have 6 months to submit the required fees, completed application, and documentation of active candidate status with the American Board of Genetic Counseling or American Board Medical Genetics in order to obtain a temporary genetic counselor license that will allow the applicant to practice genetic counseling under HB4200 Engrossed - 13 - LRB093 18959 AMC 44694 b supervision as specified in this Act.
Any person who issues or delivers a check or other order to the Department that is returned to the Department unpaid by the financial HB4200 Enrolled - 13 - LRB093 18959 AMC 44694 b institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50.
The Department may issue a license as a genetic counselor, to an applicant currently licensed under the laws of another state or United States jurisdiction HB4200 Engrossed - 14 - LRB093 18959 AMC 44694 b whose standards, in the opinion of the Department, were substantially equivalent at the date of his or her licensure in the other jurisdiction to the requirements of this Act.
HB4200 Enrolled - 14 - LRB093 18959 AMC 44694 b Section 90.
(2) With the written consent of the person who provided the information.information and about whom the information concerns.
(3) In the case of death or disability, with the written consent of a personal representative,representative. other person authorized to sue, or the beneficiary of an insurance policy on the person’s life, health or physical condition.
(4) When a communication reveals the intended commission of a crime or harmful act and such disclosure is judged necessary byin the professional judgment of the licensed genetic counselor to protect any person from a clear,clear imminent risk of serious mental or physical harm or injury,injury or to forestall a serious threat to the public safety.
(5) When the person waives the privilege by bringing any public charges or filing a lawsuit against the licensee.
(b) WhenAny the person ishaving aaccess minorto underrecords theor lawsanyone ofwho theparticipates Statein ofproviding Illinois and the information acquired by the licensed HB4200 Engrossed - 15 - LRB093 18959 AMC 44694 b genetic counselorcounseling indicatesservices, the minor was the victim or subject of a crime, the licensed genetic counselor may be required to testify in providing any judicialhuman proceedingsservices, inor which the commission of that crime is thesupervised subjectby ofa inquiry when, after in camera review of the information that the licensed genetic counselor acquired,is thesimilarly courtbound determinesto thatregard theall interests of the minor in having the information heldand privilegedcommunications are outweighed by the requirements of justice, the need to protect the public safety or the need to protect the minor, except as providedprivileged underin theaccord Abusedwith andthis NeglectedSection. Child Reporting Act.
(c) AnyThe personMental havingHealth accessand toDevelopmental recordsDisabilities orConfidentiality anyoneAct who participates in providing genetic counseling services, or in providing any human services, or is supervisedincorporated byherein aas licensedif genetic counselor is similarly bound to regard all informationof andits communicationsprovisions aswere privilegedincluded in accord with this Section.Act.
(d) Nothing in this Act shall be construed to prohibit a licensed genetic counselor from voluntarily testifying in court hearings concerning matters of adoption, child abuse, child neglect or other matters pertaining to children, except as provided under the Abused and Neglected Child Reporting Act.
(e) The Mental Health and Developmental Disabilities Confidentiality Act is incorporated herein as if all of its provisions were included in this Act.
HB4200 Enrolled - 15 - LRB093 18959 AMC 44694 b Section 95.
(1) Material misstatement in furnishing information to HB4200 Engrossed - 16 - LRB093 18959 AMC 44694 b the Department or to any other State agency.
(6) Malpractice.Gross or repeated negligence.
(10) Failing to maintain the confidentiality of any information received from a client, unless released by the client or otherwise authorized or required by law.
(12) Habitual or excessive use or addiction to alcohol, HB4200 Enrolled - 16 - LRB093 18959 AMC 44694 b narcotics, stimulants, or any other chemical agent or drug which results in inability to practice with reasonable skill, judgment, or safety.
(14) Directly or indirectly giving to or receiving from HB4200 Engrossed - 17 - LRB093 18959 AMC 44694 b any person, firm, corporation, partnership, or association any fee, commission, rebate, or other form of compensation for any professional service not actually rendered.
(15) A finding by the Department that the licensee, after having the license placed on probationary status has violated the terms of probationprobation. (16) Failing to refer a client to other competent professionals when the licensee is unable or unwilling to adequately support or serve the client.
(16) Failing to refer a client to other health care professionals when the licensee is unable or unwilling to adequately support or serve the client.
HB4200 Enrolled - 17 - LRB093 18959 AMC 44694 b (21) Solicitation of professional services by using false or misleading advertising.
(22) FailingFailure to file a return, or to pay the tax, penalty of interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue or any successor agency or the Internal Revenue Service or any successor agency.
HB4200 Engrossed - 18 - LRB093 18959 AMC 44694 b (23) A finding that licensure has been applied for or obtained by fraudulent means.
(26)(b) FailingThe toDepartment entershall pertinentdeny, patientwithout interactionshearing, intoany application or renewal for a patient’slicense medicalunder records.this Act to any person who has defaulted on an educational loan guaranteed by the Illinois State Assistance Commission;
(b) The Department shall deny, without hearing, any application or renewal for a license under this Act to any person who has defaulted on an educational loan guaranteed by the Illinois Student Assistance Commission;
The suspension will end upon a finding by a court that the licensee is no longer subject to involuntary admission or judicial admission, the issuance of an order so finding and discharging the patient, and the recommendationdetermination of the Director that the licensee be allowed to resume professional practice.
(a) If any person violates the provisions of this Act, the HB4200 Enrolled - 18 - LRB093 18959 AMC 44694 b Director may, in the name of the People of the State of Illinois, through the Attorney General, petition for an order enjoining the violation or for an order enforcing compliance with this Act.
Upon the filing of a verified petition, the court with appropriate jurisdiction may issue a temporary restraining order without notice or bond, and may preliminarily HB4200 Engrossed - 19 - LRB093 18959 AMC 44694 b and permanently enjoin the violation.
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 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 HB4200 Enrolled - 19 - LRB093 18959 AMC 44694 b 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 HB4200 Engrossed - 20 - LRB093 18959 AMC 44694 b Department may deem proper.
The notice of hearing, complaint, all other documents in the nature of pleadings, written motions filed in the proceedings, the transcript of testimony, the report of the hearing officer,officer and orders of the Department shall be in the record of such proceeding.
The Director and HB4200 Enrolled - 20 - LRB093 18959 AMC 44694 b the designated hearing officer havehas the power to administer oaths to witnesses at any hearing which the Department is authorized to conduct, and any other oaths authorized in any Act administered by the Department.
Any court, upon HB4200 Engrossed - 21 - LRB093 18959 AMC 44694 b application of the Department, designated hearing officer, or the applicant or licensee against whom proceedings under Section 95 of this Act are pending, may enter an order requiring the attendance of witnesses and their testimony and the production of documents, papers, files, books, and records in connection with any hearing or investigation.
The Director shall provide a written report to the hearing officer on any disagreement and shall specify the reasons for the action in the final order.
Section 130.
Hearing officer;
rehearing.
At the conclusion of the hearing, a copy of the hearing officer’s report shall be served upon the applicant or licensee by the Department, either personally or as provided in this Act for the service of the notice of hearing.
Within 20 days after such service, the applicant or licensee may present to the Department a motion in HB4200 Engrossed - 22 - LRB093 18959 AMC 44694 b writing for a rehearing, which shall specify the particular grounds for rehearing.
If no motion for a rehearing is filed, then upon the expiration of the time specified for filing such a motion, or if a motion for rehearing is denied, then upon such denial, the Director may enter an order in accordance with recommendations of the hearing officer, except as provided in Section 125 of this Act.
If the applicant or licensee requests and pays for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the applicant or licensee.
Whenever the Director believes justice has not been done in the revocation, suspension, or refusal to issue or renew a license or the HB4200 Enrolled - 21 - LRB093 18959 AMC 44694 b discipline of a licensee, he or she may order a rehearing.
The hearing officer shall report his findings of fact, conclusions of lawlaw, and recommendations to the Director.
The Director shall have 60 calendar days from receipt of the report to review it and to present his or her findings of fact, conclusions of law and recommendations.
If the Director disagrees with the recommendation of the hearing officer, the Director may issue an order in contravention of the recommendation.
The Director shall promptly provide a written explanation to the hearing officer on any such disagreement.
An order or certified copy thereof, over the seal of the Department and purporting to be signed by the Director, is HB4200 Engrossed - 23 - LRB093 18959 AMC 44694 b prima facie proof that:
At any time after the suspension or revocation of any license, the Department may restore it to the licenseelicensee, upon the written recommendation of the hearing officer, unless after an investigation and hearing the hearingDirector officer determines that restoration is not in the public interest.
The 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 Director finds that evidence in the possession of HB4200 Enrolled - 22 - LRB093 18959 AMC 44694 b the Director indicates that the continuation of practice by the genetic counselor would constitute an imminent danger to the public.
(b) Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for HB4200 Engrossed - 24 - LRB093 18959 AMC 44694 b review resides, but if the party is not a resident of Illinois, the venue shall be in Sangamon County.
The regulation and licensing of HB4200 Enrolled - 23 - LRB093 18959 AMC 44694 b genetic counselors are exclusive powers and functions of the State.
HB4200 Engrossed - 25 - LRB093 18959 AMC 44694 b Section 999.905.
The Abused and Neglected Child Reporting Act is amended by changing Section 4 as follows:
(325 ILCS 5/4) (from Ch.
23, par.
2054) Sec.
4.
Persons required to report;
privileged communications;
transmitting false report.
Any physician, resident, intern, hospital, hospital administrator and personnel engaged in examination, care and treatment of persons, surgeon, dentist, dentist hygienist, osteopath, chiropractor, podiatrist, physician assistant, substance abuse treatment personnel, funeral home director or employee, coroner, medical examiner, emergency medical technician, acupuncturist, crisis line or hotline personnel, school personnel, educational advocate assigned to a child pursuant to the School Code, truant officers, social worker, social services administrator, domestic violence program personnel, registered nurse, licensed practical nurse, genetic counselor, respiratory care practitioner, advanced practice nurse, home health aide, director or staff assistant of a nursery school or a child day care center, recreational program or facility personnel, law enforcement officer, licensed professional counselor, licensed clinical professional counselor, HB4200 Enrolled - 24 - LRB093 18959 AMC 44694 b registered psychologist and assistants working under the direct supervision of a psychologist, psychiatrist, or field personnel of the Illinois Department of Public Aid, Public Health, Human Services (acting as successor to the Department of Mental Health and Developmental Disabilities, Rehabilitation Services, or Public Aid), Corrections, Human Rights, or Children and Family Services, supervisor and administrator of general assistance under the Illinois Public Aid Code, probation officer, or any other foster parent, homemaker or child care worker having reasonable cause to believe a child known to them in their professional or official capacity may be an abused child or a neglected child shall immediately report or cause a report to be made to the Department.
Any member of the clergy having reasonable cause to believe that a child known to that member of the clergy in his or her professional capacity may be an abused child as defined in item (c) of the definition of "abused child" in Section 3 of this Act shall immediately report or cause a report to be made to the Department.
Whenever such person is required to report under this Act in his capacity as a member of the staff of a medical or other public or private institution, school, facility or agency, or as a member of the clergy, he shall make report immediately to the Department in accordance with the provisions of this Act and may also notify the person in charge of such institution, school, facility or agency, or church, synagogue, temple, mosque, or other religious institution, or his designated agent that such report has been made.
Under no circumstances shall any person in charge of such institution, school, facility or agency, or church, synagogue, temple, mosque, or other religious institution, or his designated agent to whom such notification has been made, exercise any control, restraint, modification or other change in the report or the forwarding of such report to the Department.
The privileged quality of communication between any HB4200 Enrolled - 25 - LRB093 18959 AMC 44694 b professional person required to report and his patient or client shall not apply to situations involving abused or neglected children and shall not constitute grounds for failure to report as required by this Act.
A member of the clergy may claim the privilege under Section 8-803 of the Code of Civil Procedure.
In addition to the above persons required to report suspected cases of abused or neglected children, any other person may make a report if such person has reasonable cause to believe a child may be an abused child or a neglected child.
Any person who enters into employment on and after July 1, 1986 and is mandated by virtue of that employment to report under this Act, shall sign a statement on a form prescribed by the Department, to the effect that the employee has knowledge and understanding of the reporting requirements of this Act.
The statement shall be signed prior to commencement of the employment.
The signed statement shall be retained by the employer.
The cost of printing, distribution, and filing of the statement shall be borne by the employer.
The Department shall provide copies of this Act, upon request, to all employers employing persons who shall be required under the provisions of this Section to report under this Act.
Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under subsection (a)(7) of Section 26-1 of the "Criminal Code of 1961".
Any person who violates this provision a second or subsequent time shall be guilty of a Class 3 felony.
Any person who knowingly and willfully violates any provision of this Section other than a second or subsequent violation of transmitting a false report as described in the preceding paragraph, is guilty of a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation;
except that if the person acted as part of a plan or scheme having as its object the prevention of discovery of an abused or neglected child by lawful authorities for the purpose HB4200 Enrolled - 26 - LRB093 18959 AMC 44694 b of protecting or insulating any person or entity from arrest or prosecution, the person is guilty of a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense (regardless of whether the second or subsequent offense involves any of the same facts or persons as the first or other prior offense).
A child whose parent, guardian or custodian in good faith selects and depends upon spiritual means through prayer alone for the treatment or cure of disease or remedial care may be considered neglected or abused, but not for the sole reason that his parent, guardian or custodian accepts and practices such beliefs.
A child shall not be considered neglected or abused solely because the child is not attending school in accordance with the requirements of Article 26 of the School Code, as amended.
(Source:
P.A.
92-16, eff.
6-28-01;
92-801, eff.
8-16-02;
93-137, eff.
7-10-03;
93-356, eff.
7-24-03;
93-431, eff.
8-5-03;
revised 9-12-03.) Section 999.
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Action History
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Public Act . . . . . . . . . 93-1041
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Effective Date September 29, 2004
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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Senate Floor Amendment No. 3 House Concurs 100-015-000
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Senate Committee Amendment No. 1 House Concurs 100-015-000
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3/5 Vote Required
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Senate Floor Amendment No. 3 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000
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Senate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000
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Senate Floor Amendment No. 3 Motion to Suspend Rule 25 - Prevailed by Voice Vote
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Senate Committee Amendment No. 1 Motion to Suspend Rule 25 - Prevailed by Voice Vote
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Added Co-Sponsor Rep. Eddie Washington
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Senate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee
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Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
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Senate Floor Amendment No. 3 Motion Filed Concur Rep. Donald L. Moffitt
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Senate Committee Amendment No. 1 Motion Filed Concur Rep. Donald L. Moffitt
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Final Action Deadline Extended-9(b) JULY 31, 2004
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Placed on Calendar Order of Concurrence Senate Amendment(s) 1,3
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Arrived in House
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Senate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
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Third Reading - Passed; 052-003-000
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Placed on Calendar Order of 3rd Reading
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Senate Floor Amendment No. 3 Adopted; Winkel
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Recalled to Second Reading
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Senate Floor Amendment No. 3 Be Adopted Licensed Activities; 009-000-000
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Senate Floor Amendment No. 3 Rules Refers to Licensed Activities
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Added as Alternate Chief Co-Sponsor Sen. Ira I. Silverstein
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Senate Floor Amendment No. 3 Referred to Rules
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Senate Floor Amendment No. 3 Filed with Secretary by Sen. Richard J. Winkel, Jr.
-
Added as Alternate Chief Co-Sponsor Sen. Jeffrey M. Schoenberg
-
Senate Floor Amendment No. 2 Referred to Rules
-
Senate Floor Amendment No. 2 Filed with Secretary by Sen. Richard J. Winkel, Jr.
-
Alternate Chief Sponsor Changed to Sen. Richard J. Winkel, Jr.
-
Third Reading Deadline Extended - Rule 2-10, extended to January 11, 2005.
-
Placed on Calendar Order of 3rd Reading May 13, 2004
-
Second Reading
-
Sponsor Removed Sen. Richard J. Winkel, Jr.
-
Added as Alternate Chief Co-Sponsor Sen. Richard J. Winkel, Jr.
-
Placed on Calendar Order of 2nd Reading May 4, 2004
-
Do Pass as Amended Licensed Activities; 005-000-000
-
Senate Committee Amendment No. 1 Adopted
-
Senate Committee Amendment No. 1 Rules Refers to Licensed Activities
-
Senate Committee Amendment No. 1 Referred to Rules
-
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Ira I. Silverstein
-
Assigned to Licensed Activities
-
Referred to Rules
-
First Reading
-
Chief Senate Sponsor Sen. Ira I. Silverstein
-
Placed on Calendar Order of First Reading April 20, 2004
-
Arrive in Senate
-
Third Reading - Short Debate - Passed 094-023-001
-
Placed on Calendar Order of 3rd Reading - Short Debate
-
Second Reading - Short Debate
-
Added Co-Sponsor Rep. Joseph M. Lyons
-
Added Co-Sponsor Rep. Elizabeth Coulson
-
Added Co-Sponsor Rep. Patrick Verschoore
-
Added Co-Sponsor Rep. John A. Fritchey
-
Placed on Calendar 2nd Reading - Short Debate
-
Do Pass as Amended / Short Debate Registration and Regulation Committee; 015-000-000
-
House Committee Amendment No. 1 Adopted in Registration and Regulation Committee; by Voice Vote
-
House Committee Amendment No. 1 Filed with Clerk by Registration and Regulation Committee
-
Assigned to Registration and Regulation Committee
-
Added Chief Co-Sponsor Rep. Ricca Slone
-
Added Chief Co-Sponsor Rep. Sara Feigenholtz
-
Added Chief Co-Sponsor Rep. Sidney H. Mathias
-
Added Chief Co-Sponsor Rep. Lou Lang
-
Referred to Rules Committee
-
First Reading
-
Filed with the Clerk by Rep. Donald L. Moffitt
Sponsors
- Donald L. Moffitt · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on · 3 voted No
Sponsors (0)
None.
Co-sponsors (1)
- Donald L. Moffitt
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 89 | 14 | 0 | 3 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 2 | 1 | 0 | 0 |
| Total | 100 | 15 | 0 | 3 |
| % of votes cast | 85% | 13% | 0% | 3% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Sommer | — | Yea |
| Soto | — | Yea |
| Acevedo | — | Yea |
| Aguilar | — | Yea |
| Bassi | — | Yea |
| Beaubien | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Biggins | — | Yea |
| Black | — | Yea |
| Boland | — | Yea |
| May | — | Nay |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brosnahan | — | Yea |
| McAuliffe | — | Yea |
| Moffitt | — | Yea |
| Flider | — | Nay |
| Munson | — | Yea |
| Granberg | — | Not Voting |
| Jakobsson | — | Nay |
| Jefferson | — | Yea |
| Osmond | — | Yea |
| Kurtz | — | Yea |
| Lang | — | Yea |
| Leitch | — | Yea |
| Bailey | — | Yea |
| Lindner | — | Yea |
| Mathias | — | Yea |
| Lyons, Eileen | — | Yea |
| Mautino | — | Yea |
| McCarthy | — | Yea |
| Reitz | — | Yea |
| Lyons, Joseph | — | Yea |
| McKeon | — | Yea |
| Mendoza | — | Yea |
| Meyer | — | Yea |
| Millner | — | Yea |
| Molaro | — | Yea |
| Parke | — | Yea |
| Scully | — | Yea |
| Slone | — | Yea |
| Tenhouse | — | Yea |
| McGuire | — | Yea |
| Turner | — | Yea |
| Bradley, Richard | — | Yea |
| Brady | — | Yea |
| Burke | — | Yea |
| Hannig | — | Yea |
| Sullivan | — | Yea |
| Mitchell, Jerry | — | Yea |
| Capparelli | — | Yea |
| Churchill | — | Yea |
| Dunkin | — | Yea |
| Dunn | — | Yea |
| Eddy | — | Yea |
| Flowers | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Giles | — | Yea |
| Graham | — | Yea |
| Hamos | — | Yea |
| Hassert | — | Yea |
| Holbrook | — | Yea |
| Howard | — | Yea |
| Krause | — | Yea |
| Madigan | — | Yea |
| Jones | — | Yea |
| Davis, Monique | — | Yea |
| Morrow | — | Yea |
| Mulligan | — | Yea |
| Myers | — | Yea |
| Bradley, John | — | Nay |
| Nekritz | — | Nay |
| Osterman | — | Yea |
| Mitchell, Bill | — | Nay |
| Pankau | — | Yea |
| Watson | — | Nay |
| Ryg | — | Nay |
| Davis, Steve | — | Not Voting |
| Verschoore | — | Yea |
| Wait | — | Yea |
| Washington | — | Yea |
| Winters | — | Yea |
| Yarbrough | — | Yea |
| Younge | — | Yea |
| Colvin | — | Yea |
| Coulson | — | Yea |
| Cross | — | Yea |
| Cultra | — | Yea |
| Currie | — | Yea |
| Daniels | — | Yea |
| Dugan | — | Nay |
| Franks | — | Nay |
| Gordon | — | Nay |
| Grunloh | — | Nay |
| Hultgren | — | Yea |
| Kosel | — | Not Voting |
| Phelps | — | Nay |
| Pihos | — | Yea |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Sacia | — | Yea |
| Chapa LaVia | — | Nay |
| Eva-Dina Delgado | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Michael J. Kelly | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Nay |
| Chapin Rose | Republican | Yea |
| Chris Miller | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 89 | 14 | 0 | 3 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 2 | 1 | 0 | 0 |
| Total | 100 | 15 | 0 | 3 |
| % of votes cast | 85% | 13% | 0% | 3% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Scully | — | Yea |
| Slone | — | Yea |
| Sommer | — | Yea |
| Soto | — | Yea |
| Kurtz | — | Yea |
| Acevedo | — | Yea |
| Aguilar | — | Yea |
| Mathias | — | Yea |
| Bassi | — | Yea |
| Beaubien | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Mautino | — | Yea |
| Biggins | — | Yea |
| Black | — | Yea |
| Boland | — | Yea |
| May | — | Nay |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brosnahan | — | Yea |
| Capparelli | — | Yea |
| Millner | — | Yea |
| Morrow | — | Yea |
| Gordon | — | Nay |
| Holbrook | — | Yea |
| Osmond | — | Yea |
| Kosel | — | Not Voting |
| Parke | — | Yea |
| Lang | — | Yea |
| Leitch | — | Yea |
| Lindner | — | Yea |
| Bailey | — | Yea |
| Lyons, Eileen | — | Yea |
| Reitz | — | Yea |
| Lyons, Joseph | — | Yea |
| Dunkin | — | Yea |
| Dunn | — | Yea |
| Eddy | — | Yea |
| Madigan | — | Yea |
| McAuliffe | — | Yea |
| McCarthy | — | Yea |
| McKeon | — | Yea |
| Mendoza | — | Yea |
| Meyer | — | Yea |
| Moffitt | — | Yea |
| Molaro | — | Yea |
| McGuire | — | Yea |
| Mulligan | — | Yea |
| Bradley, Richard | — | Yea |
| Munson | — | Yea |
| Brady | — | Yea |
| Myers | — | Yea |
| Osterman | — | Yea |
| Pankau | — | Yea |
| Burke | — | Yea |
| Hannig | — | Yea |
| Tenhouse | — | Yea |
| Sullivan | — | Yea |
| Mitchell, Jerry | — | Yea |
| Turner | — | Yea |
| Verschoore | — | Yea |
| Wait | — | Yea |
| Washington | — | Yea |
| Howard | — | Yea |
| Winters | — | Yea |
| Yarbrough | — | Yea |
| Younge | — | Yea |
| Jones | — | Yea |
| Davis, Monique | — | Yea |
| Churchill | — | Yea |
| Colvin | — | Yea |
| Coulson | — | Yea |
| Cross | — | Yea |
| Cultra | — | Yea |
| Currie | — | Yea |
| Daniels | — | Yea |
| Flowers | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Giles | — | Yea |
| Graham | — | Yea |
| Hamos | — | Yea |
| Hassert | — | Yea |
| Hultgren | — | Yea |
| Jefferson | — | Yea |
| Krause | — | Yea |
| Bradley, John | — | Nay |
| Mitchell, Bill | — | Nay |
| Watson | — | Nay |
| Davis, Steve | — | Not Voting |
| Nekritz | — | Nay |
| Dugan | — | Nay |
| Flider | — | Nay |
| Franks | — | Nay |
| Granberg | — | Not Voting |
| Grunloh | — | Nay |
| Jakobsson | — | Nay |
| Phelps | — | Nay |
| Pihos | — | Yea |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Ryg | — | Nay |
| Sacia | — | Yea |
| Chapa LaVia | — | Nay |
| Eva-Dina Delgado | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Michael J. Kelly | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Nay |
| Chapin Rose | Republican | Yea |
| Chris Miller | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 45 | 3 | 0 | 3 |
| Democrat | 6 | 0 | 0 | 1 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 52 | 3 | 0 | 4 |
| % of votes cast | 88% | 5% | 0% | 7% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Sandoval | — | Nay |
| Shadid | — | Yea |
| Soden | — | Yea |
| Luechtefeld | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bomke | — | Yea |
| Clayborne | — | Yea |
| Crotty | — | Yea |
| Haine | — | Yea |
| Hendon | — | Yea |
| Meeks | — | Yea |
| Obama | — | Yea |
| Peterson | — | Yea |
| Sieben | — | Yea |
| Silverstein | — | Yea |
| Trotter | — | Yea |
| Viverito | — | Yea |
| Munoz | — | Yea |
| Brady | — | Yea |
| Sullivan, D. | — | Yea |
| Sullivan, J. | — | Yea |
| Petka | — | Yea |
| Jacobs | — | Yea |
| Jones, J. | — | Yea |
| Jones, W. | — | Yea |
| Cullerton | — | Yea |
| Watson | — | Yea |
| Burzynski | — | Yea |
| Cronin | — | Yea |
| Halvorson | — | Yea |
| Demuzio | — | Yea |
| Lauzen | — | Nay |
| Link | — | Yea |
| Maloney | — | Yea |
| Schoenberg | — | Yea |
| Winkel | — | Yea |
| Wojcik | — | Yea |
| DeLeo | — | Yea |
| Dillard | — | Yea |
| Forby | — | Yea |
| Garrett | — | Yea |
| Geo-Karis | — | Not Voting |
| Radogno | — | Yea |
| Rauschenberger | — | Nay |
| Righter | — | Yea |
| Risinger | — | Yea |
| Ronen | — | Not Voting |
| Roskam | — | Yea |
| Rutherford | — | Not Voting |
| del Valle | — | Yea |
| Don Harmon | Democrat | Yea |
| Emanuel "Chris" Welch | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Not Voting |
| Lakesia Collins | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 83 | 22 | 0 | 1 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 2 | 1 | 0 | 0 |
| Total | 94 | 23 | 0 | 1 |
| % of votes cast | 80% | 19% | 0% | 1% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Saviano | — | Yea |
| Schmitz | — | Nay |
| Slone | — | Yea |
| Sommer | — | Yea |
| Soto | — | Yea |
| Kurtz | — | Yea |
| Acevedo | — | Yea |
| Aguilar | — | Yea |
| Bassi | — | Nay |
| Mathias | — | Yea |
| Beaubien | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Mautino | — | Yea |
| Biggins | — | Yea |
| Black | — | Not Voting |
| Boland | — | Yea |
| May | — | Nay |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brosnahan | — | Yea |
| McAuliffe | — | Yea |
| Molaro | — | Yea |
| Nekritz | — | Nay |
| Jakobsson | — | Nay |
| Jefferson | — | Nay |
| Pankau | — | Yea |
| Parke | — | Yea |
| Lang | — | Yea |
| Leitch | — | Yea |
| Lindner | — | Yea |
| McCarthy | — | Yea |
| McKeon | — | Yea |
| Bailey | — | Yea |
| Mendoza | — | Yea |
| Lyons, Eileen | — | Yea |
| Meyer | — | Yea |
| Millner | — | Yea |
| Reitz | — | Yea |
| Lyons, Joseph | — | Yea |
| Moffitt | — | Yea |
| Morrow | — | Yea |
| Mulligan | — | Yea |
| Pihos | — | Yea |
| Scully | — | Yea |
| Turner | — | Yea |
| Verschoore | — | Yea |
| Wait | — | Yea |
| McGuire | — | Yea |
| Bradley, Richard | — | Yea |
| Burke | — | Yea |
| Hannig | — | Yea |
| Sullivan | — | Yea |
| Mitchell, Jerry | — | Yea |
| Howard | — | Yea |
| Capparelli | — | Yea |
| Churchill | — | Yea |
| Colvin | — | Yea |
| Dunkin | — | Yea |
| Dunn | — | Yea |
| Eddy | — | Yea |
| Flowers | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Giles | — | Yea |
| Graham | — | Yea |
| Granberg | — | Yea |
| Hamos | — | Yea |
| Hassert | — | Yea |
| Holbrook | — | Yea |
| Hultgren | — | Yea |
| Krause | — | Yea |
| Madigan | — | Yea |
| Jones | — | Yea |
| Davis, Monique | — | Yea |
| Davis, Steve | — | Yea |
| Munson | — | Yea |
| Bradley, John | — | Nay |
| Myers | — | Yea |
| Brady | — | Nay |
| Osmond | — | Yea |
| Mitchell, Bill | — | Nay |
| Osterman | — | Yea |
| Watson | — | Nay |
| Pritchard | — | Nay |
| Tenhouse | — | Nay |
| Washington | — | Nay |
| Winters | — | Yea |
| Yarbrough | — | Yea |
| Younge | — | Yea |
| Coulson | — | Yea |
| Cross | — | Yea |
| Cultra | — | Yea |
| Currie | — | Yea |
| Daniels | — | Yea |
| Dugan | — | Nay |
| Flider | — | Nay |
| Franks | — | Nay |
| Gordon | — | Nay |
| Grunloh | — | Nay |
| Kosel | — | Yea |
| Phelps | — | Nay |
| Poe | — | Yea |
| Ryg | — | Nay |
| Sacia | — | Nay |
| Chapa LaVia | — | Nay |
| Eva-Dina Delgado | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Michael J. Kelly | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Nay |
| Chris Miller | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 4200 do?
- Creates the Genetic Counselor Licensing Act. Regulates the practice of genetic counseling through licensure requirements. Provides for administration of the Act by the Department of Professional Regulation. Provides enforcement provisions. Preempts home rule. Amends the Regulatory Sunset Act to repeal the Genetic Counselor Licensing Act on January 1, 2015. Effective immediately.
- Who sponsors HB 4200?
- HB 4200 is sponsored by Donald L. Moffitt.
- What is the current status of HB 4200?
- This bill has been enacted into law. Introduced January 26, 2004. Enacted.
- Where can I track HB 4200?
- Track HB 4200 free on One Click Politics — get push/email alerts when it moves.
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