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SB2012 Engrossed LRB094 07579 RAS 37748 b AN ACT concerning regulation.
SB2012 Enrolled LRB094 07579 RAS 37748 b AN ACT concerning regulation.
"Genetic counseling" means the provision of services to individuals, couples, groups, families, and organizations by one or more appropriately trained individuals 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.
"Genetic counseling" means the provision of services, pursuant to a referral, to individuals, couples, groups, families, and organizations by one or more appropriately trained individuals 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 SB2012 Enrolled - 2 - LRB094 07579 RAS 37748 b an individual or a family.
SB2012 Engrossed - 2 - LRB094 07579 RAS 37748 b "Genetic counseling" consists of the following:
"Genetic counseling" consists of the following:
A qualified supervisor may be provided at the applicant’s place of work, or SB2012 Engrossed - 3 - LRB094 07579 RAS 37748 b may be contracted by the applicant to provide supervision.
A qualified SB2012 Enrolled - 3 - LRB094 07579 RAS 37748 b supervisor may be provided at the applicant’s place of work, or may be contracted by the applicant to provide supervision.
"Referral" means a written or telecommunicated authorization for genetic counseling services from a physician licensed to 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.
(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 supervised by a qualified supervisor.
(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 SB2012 Enrolled - 4 - LRB094 07579 RAS 37748 b 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 supervised by a qualified supervisor.
Nothing contained in this subsection shall be construed to permit students, interns, residents, or fellows to offer their services as SB2012 Engrossed - 4 - LRB094 07579 RAS 37748 b genetic counselors or geneticists to any other person and to accept remuneration for such genetic counseling services, except as specifically provided in this subsection or subsection (c).
Nothing contained in this subsection shall be construed to permit students, interns, residents, or fellows to offer their services as genetic counselors or geneticists to any other person and to accept remuneration for such genetic counseling services, except as specifically provided in this subsection or subsection (c).
(e) Nothing in this Act shall be construed to limit the services of a person, not licensed under the provisions of this Act, in the employ of a federal, State, county, or municipal agency or other political subdivision or not-for-profit corporation providing human services if (i) the services are a part of the duties in his or her salaried position, (ii) the services are performed solely on behalf of his or her employer, and (iii) that person does not in any manner represent himself or herself as or use the title of "genetic counselor" or "licensed genetic counselor".
(e) Nothing in this Act shall be construed to limit the services of a person, not licensed under the provisions of this Act, in the employ of a federal, State, county, or municipal agency or other political subdivision or not-for-profit SB2012 Enrolled - 5 - LRB094 07579 RAS 37748 b corporation providing human services if (i) the services are a part of the duties in his or her salaried position, (ii) the services are performed solely on behalf of his or her employer, and (iii) that person does not in any manner represent himself or herself as or use the title of "genetic counselor" or "licensed genetic counselor".
(f) Duly recognized members of any religious organization shall not be restricted from functioning in their ministerial SB2012 Engrossed - 5 - LRB094 07579 RAS 37748 b capacity provided they do not represent themselves as being genetic counselors or as providing genetic counseling.
(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.
(Source:
SB2012 Enrolled - 6 - LRB094 07579 RAS 37748 b (Source:
(a) Beginning 12 months after the adoption of the final administrative rules on January 1, 2006, except as provided in Section 15, no person shall, without a valid license as a SB2012 Engrossed - 6 - LRB094 07579 RAS 37748 b 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;
(a) Beginning 12 months after the adoption of the final administrative rules 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;
Genetic test reports shall be provided to the referring physician, advanced practice nurse, or physician assistant.
SB2012 Enrolled - 7 - LRB094 07579 RAS 37748 b Genetic test reports shall be provided to the referring physician, advanced practice nurse, or physician assistant.
(c) Beginning 12 months after the adoption of the final administrative rules on January 1, 2006, no association or partnership shall practice genetic counseling unless every SB2012 Engrossed - 7 - LRB094 07579 RAS 37748 b 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.
In clinical settings, genetic counselors who serve as a liaison between family members of a patient and a genetic research project, may, with the consent of the patient, provide information to family members for the purpose of gathering additional information, as it relates to the patient, without a referral.
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, without a referral.
(c) Beginning 12 months after the adoption of the final administrative rules 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.
(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.
(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 SB2012 Enrolled - 8 - LRB094 07579 RAS 37748 b 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.
Civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding SB2012 Engrossed - 8 - LRB094 07579 RAS 37748 b the provision of a hearing for the discipline of a licensee.
Civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.
(b) conduct hearings on proceedings to refuse to issue or renew or to revoke licenses or suspend, place on probation, censure, or reprimand persons licensed under this Act, and to refuse to issue or renew or to revoke licenses, or suspend, place on probation, censure, or reprimand persons licensed under this Act;
SB2012 Enrolled - 9 - LRB094 07579 RAS 37748 b (b) conduct hearings on proceedings to refuse to issue or renew or to revoke licenses or suspend, place on probation, censure, or reprimand persons licensed under this Act, and to refuse to issue or renew or to revoke licenses, or suspend, place on probation, censure, or reprimand persons licensed under this Act;
Applications SB2012 Engrossed - 9 - LRB094 07579 RAS 37748 b for original licenses shall be made to the Department on forms prescribed by the Department and accompanied by the required fee, which is not refundable.
Applications for original licenses shall be made to the Department on forms prescribed by the Department and accompanied by the required fee, which is not refundable.
failure or refusal to take examination.
failure or refusal to take SB2012 Enrolled - 10 - LRB094 07579 RAS 37748 b examination.
However, such 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 SB2012 Engrossed - 10 - LRB094 07579 RAS 37748 b in existence for a license.
However, such 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.
(3) (i) has successfully completed a Master’s degree in genetic counseling from an ABGC or ABMG accredited training program or an equivalent program approved by the ABGC or (ii) is a physician or (iii) has a doctoral degree and has successfully completed an ABMG accredited medical genetics training program or an equivalent program approved by the ABMG has not violated any of the provisions of Sections 20 or 25 of this Act or the rules promulgated thereunder.
(3) (i) has successfully completed a Master’s degree in genetic counseling from an ABGC or ABMG accredited training program or an equivalent program approved by the ABGC or the ABMG or (ii) is a physician licensed to practice medicine in all its branches or (iii) has a doctoral degree SB2012 Enrolled - 11 - LRB094 07579 RAS 37748 b and has successfully completed an ABMG accredited medical genetics training program or an equivalent program approved by the ABMG has not violated any of the provisions of Sections 20 or 25 of this Act or the rules promulgated thereunder.
and SB2012 Engrossed - 11 - LRB094 07579 RAS 37748 b (7) has met any other requirements established by rule.
and (7) has met any other requirements established by rule.
Temporary letter of authorization to practice licensure.
Temporary licensure.
Individuals who (i) have successfully completed an approved genetic counselor program, as determined by rule of the Department, (ii) have made application to the Department, and (iii) have submitted evidence to the Department of admission to a certifying examination administered by the ABGC or its successor or the ABMG or its successor shall be issued a temporary letter of authorization that shall allow the applicant to practice as a genetic counselor until he or she receives certification from the ABGC or its successor or the ABMG or its successor or until 12 months have elapsed, whichever comes first.
A temporary license may be issued to an individual who has made application to the Department, has submitted evidence to the Department of admission to the certifying examination administered by the ABGC or the ABMG or either of its successor agencies, has met all of the requirements for licensure in accordance with Section 55 of this Act, except the examination requirement of item (4) of Section 55 of this Act, and has met any other condition established by rule.
Under no circumstances may an applicant continue to practice under the temporary letter of authorization after he or she receives notification that he or she has failed the examination.
The holder of a temporary license shall practice only under the supervision of a qualified supervisor.
The temporary letter of authorization is not renewable.
(a) A person shall be qualified for temporary licensure as SB2012 Enrolled - 12 - LRB094 07579 RAS 37748 b a genetic counselor and the Department shall issue a temporary license if that person:
(a) A person shall be qualified for temporary licensure as a genetic counselor and the Department shall issue a temporary license if that person:
and (3) has made application to the Department and paid the SB2012 Engrossed - 12 - LRB094 07579 RAS 37748 b required fees.
and (3) has made application to the Department and paid the required fees.
As a condition of renewal of a license, a licensee must complete continuing education requirements established by rule of the Department The licensee may renew a license during the 30-day period preceding its expiration date by paying the required fee and demonstrating compliance with continuing education requirements established by rule.
As a condition of renewal of a license, a licensee must complete continuing education requirements established by rule of the Department SB2012 Enrolled - 13 - LRB094 07579 RAS 37748 b The licensee may renew a license during the 30-day period preceding its expiration date by paying the required fee and demonstrating compliance with continuing education requirements established by rule.
(c) If the person has not maintained an active practice in SB2012 Engrossed - 13 - LRB094 07579 RAS 37748 b another jurisdiction that is satisfactory to the Department, the Department shall determine the person’s fitness to resume active status.
(c) If the person has not maintained an active practice in another jurisdiction that is satisfactory to the Department, the Department shall determine the person’s fitness to resume active status.
9-29-04.) (225 ILCS 135/73 new) (Section scheduled to be repealed on January 1, 2015) Sec.
9-29-04.) SB2012 Enrolled - 14 - LRB094 07579 RAS 37748 b (225 ILCS 135/73 new) (Section scheduled to be repealed on January 1, 2015) Sec.
SB2012 Engrossed - 14 - LRB094 07579 RAS 37748 b Practice by an individual whose license is on inactive status shall be considered to be the unlicensed practice of genetic counseling and shall be grounds for discipline under this Act.
Practice by an individual whose license is on inactive status shall be considered to be the unlicensed practice of genetic counseling and shall be grounds for discipline under this Act.
The Department shall, by rule, establish a schedule of fees for the administration and enforcement of this Act, which shall include, but not be limited to, fees for original licensure, license renewal, and license restoration.
The Department shall, by rule, establish a schedule of fees for the administration and enforcement of this Act.
9-29-04.) (225 ILCS 135/85) (Section scheduled to be repealed on January 1, 2015) Sec.
9-29-04.) SB2012 Enrolled - 15 - LRB094 07579 RAS 37748 b (225 ILCS 135/85) (Section scheduled to be repealed on January 1, 2015) Sec.
The Department may issue a license as a genetic counselor, without administering the required examination, to an applicant currently licensed under the laws of another state if the requirements for licensure in that state are, on the date of licensure, substantially equal to the requirements of this Act or to a person who, at the time of his or her application for licensure, possesses individual qualifications that are substantially equivalent to the SB2012 Engrossed - 15 - LRB094 07579 RAS 37748 b requirements in force in this State.
The Department may issue a license as a genetic counselor, without administering the required examination, to an applicant currently licensed under the laws of another state, a U.S.
territory, or another country if the requirements for licensure in that state, U.S.
territory, or country are, on the date of licensure, substantially equal to the requirements of this Act or to a person who, at the time of his or her application for licensure, possesses individual qualifications that are substantially equivalent to the requirements of this Act.
(a) The Department may refuse to issue, renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary action as the Department deems appropriate, including the issuance of fines not to exceed $1,000 for each violation, with regard to any license for any one or more of the following:
(a) The Department may refuse to issue, renew, or may revoke, suspend, place on probation, reprimand, or take other SB2012 Enrolled - 16 - LRB094 07579 RAS 37748 b disciplinary action as the Department deems appropriate, including the issuance of fines not to exceed $1,000 for each violation, with regard to any license for any one or more of the following:
(3) Conviction of any crime under the laws of the United States or any state or territory thereof that is a felony, a misdemeanor, an essential element of which is dishonesty, or a crime that is directly related to the SB2012 Engrossed - 16 - LRB094 07579 RAS 37748 b practice of the profession.
(3) Conviction of any crime under the laws of the United States or any state or territory thereof that is a felony, a misdemeanor, an essential element of which is dishonesty, or a crime that is directly related to the practice of the profession.
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(13) Discipline by another jurisdiction, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section.
SB2012 Enrolled - 17 - LRB094 07579 RAS 37748 b (13) Discipline by another jurisdiction, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section.
(16) Failing to refer a client to other health care SB2012 Engrossed - 17 - LRB094 07579 RAS 37748 b 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.
(22) Failure 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.
(22) Failure to file a return, or to pay the tax, SB2012 Enrolled - 18 - LRB094 07579 RAS 37748 b 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.
(25) Gross overcharging for professional services, including filing statements for collection of fees or SB2012 Engrossed - 18 - LRB094 07579 RAS 37748 b monies for which services are not rendered.
(25) Gross overcharging for professional services, including filing statements for collection of fees or monies for which services are not rendered.
(26) Providing genetic counseling services to individuals, couples, groups, or families without a written referral from either a physician licensed to practice medicine in all its branches, an advanced practice nurse who has a collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to make referrals to a genetic counselor, or a physician assistant who has been delegated authority to make referrals to genetic counselors.
(26) Providing genetic counseling services to individuals, couples, groups, or families without a referral from either a physician licensed to practice medicine in all its branches, an advanced practice nurse who has a collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to make referrals to a genetic counselor, or a physician assistant who has been delegated authority to make referrals to genetic counselors.
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 determination of the Director that the licensee be allowed to resume professional practice.
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 SB2012 Enrolled - 19 - LRB094 07579 RAS 37748 b the patient, and the determination of the Director that the licensee be allowed to resume professional practice.
The Illinois Administrative Procedure Act is hereby expressly 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 the Section 10-65 of the Illinois Administrative Procedure Act, which provides that at SB2012 Engrossed - 19 - LRB094 07579 RAS 37748 b 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.
The Illinois Administrative Procedure Act is hereby expressly 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.
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