State of Illinois
2023 and 2024


Introduced 1/12/2024, by Sen. Suzy Glowiak Hilton


See Index

    Amends the Genetic Counselor Licensing Act. Provides that application for licenses shall be made to the Department of Financial and Professional Regulation in writing or electronically (rather than in writing) as prescribed by the Department. Provides that all applicants and licensees shall (1) provide a valid address and email address to the Department, which shall serve as the address of record and email address of record, respectively, at the time of application for licensure or renewal of a license; and (2) inform the Department of any change of address of record or email address of record within 14 days after the change either through the Department's website or by contacting the Department's licensure maintenance unit. Provides that no association, limited liability company, professional limited liability company, or partnership (rather than no association or partnership) shall practice genetic counseling unless every member, partner, and employee of the association, limited liability company, professional limited liability company, or partnership who practices genetic counseling or who renders genetic counseling services holds a valid license issued under the Act. Provides that every application for an original license under the Act shall include the applicant's Social Security Number or individual taxpayer identification number. Removes a provision that authorizes the Department to maintain rosters of the names and addresses of all licensees and all persons whose licenses have been suspended, revoked, or denied. Defines "email address of record". Changes references from the "American Board of Medical Genetics" to the "American Board of Medical Genetics and Genomics". Makes conforming changes. Makes grammatical changes. Amends the Regulatory Sunset Act to provide for the repeal of the Genetic Counselor Licensing Act on January 1, 2030.

LRB103 35606 SPS 65679 b





SB2731LRB103 35606 SPS 65679 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Regulatory Sunset Act is amended by
5changing Sections 4.35 and 4.40 as follows:
6    (5 ILCS 80/4.35)
7    Sec. 4.35. Acts repealed on January 1, 2025. The following
8Acts are repealed on January 1, 2025:
9    The Genetic Counselor Licensing Act.
10    The Illinois Certified Shorthand Reporters Act of 1984.
11(Source: P.A. 103-563, eff. 11-17-23.)
12    (5 ILCS 80/4.40)
13    Sec. 4.40. Acts repealed on January 1, 2030. The following
14Acts are repealed on January 1, 2030:
15    The Auction License Act.
16    The Genetic Counselor Licensing Act.
17    The Illinois Architecture Practice Act of 1989.
18    The Illinois Professional Land Surveyor Act of 1989.
19    The Orthotics, Prosthetics, and Pedorthics Practice Act.
20    The Perfusionist Practice Act.
21    The Professional Engineering Practice Act of 1989.
22    The Real Estate License Act of 2000.



SB2731- 2 -LRB103 35606 SPS 65679 b

1    The Structural Engineering Practice Act of 1989.
2(Source: P.A. 101-269, eff. 8-9-19; 101-310, eff. 8-9-19;
3101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, eff.
48-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; 101-357,
5eff. 8-9-19; 102-558, eff. 8-20-21.)
6    Section 10. The Genetic Counselor Licensing Act is amended
7by changing Sections 10, 15, 20, 25, 30, 40, 45, 50, 55, 60,
865, 73, 80, 85, 95, 100, 105, 110, 115, 135, 140, 155, and 180
9and by adding Section 12 as follows:
10    (225 ILCS 135/10)
11    (Section scheduled to be repealed on January 1, 2025)
12    Sec. 10. Definitions. As used in this Act:
13    "ABGC" means the American Board of Genetic Counseling.
14    "ABMGG" "ABMG" means the American Board of Medical
15Genetics and Genomics.
16    "Active candidate status" is awarded to applicants who
17have received approval from the ABGC or ABMGG ABMG to sit for
18their respective certification examinations.
19    "Address of record" means the designated address recorded
20by the Department in the applicant's or licensee's application
21file or license file as maintained by the Department's
22licensure maintenance unit. It is the duty of the applicant or
23licensee to inform the Department of any change of address,
24and those changes must be made either through the Department's



SB2731- 3 -LRB103 35606 SPS 65679 b

1website or by contacting the Department.
2    "Department" means the Department of Financial and
3Professional Regulation.
4    "Email address of record" means the designated email
5address recorded by the Department in the applicant's
6application file or the licensee's license file, as maintained
7by the Department's licensure maintenance unit.
8    "Genetic anomaly" means a variation in an individual's DNA
9that has been shown to confer a genetically influenced disease
10or predisposition to a genetically influenced disease or makes
11a person a carrier of such variation. A "carrier" of a genetic
12anomaly means a person who may or may not have a predisposition
13or risk of incurring a genetically influenced condition and
14who is at risk of having offspring with a genetically
15influenced condition.
16    "Genetic counseling" means the provision of services,
17which may include the ordering of genetic tests, to
18individuals, couples, groups, families, and organizations by
19one or more appropriately trained individuals to address the
20physical and psychological issues associated with the
21occurrence or risk of occurrence or recurrence of a genetic
22disorder, birth defect, disease, or potentially inherited or
23genetically influenced condition in an individual or a family.
24"Genetic counseling" consists of the following:
25        (A) Estimating the likelihood of occurrence or
26    recurrence of a birth defect or of any potentially



SB2731- 4 -LRB103 35606 SPS 65679 b

1    inherited or genetically influenced condition. This
2    assessment may involve:
3            (i) obtaining and analyzing a complete health
4        history of the person and the person's his or her
5        family;
6            (ii) reviewing pertinent medical records;
7            (iii) evaluating the risks from exposure to
8        possible mutagens or teratogens;
9            (iv) recommending genetic testing or other
10        evaluations to diagnose a condition or determine the
11        carrier status of one or more family members;
12        (B) Helping the individual, family, health care
13    provider, or health care professional (i) appreciate the
14    medical, psychological and social implications of a
15    disorder, including its features, variability, usual
16    course and management options, (ii) learn how genetic
17    factors contribute to the disorder and affect the chance
18    for recurrence of the condition in other family members,
19    and (iii) understand available options for coping with,
20    preventing, or reducing the chance of occurrence or
21    recurrence of a condition.
22        (C) Facilitating an individual's or family's (i)
23    exploration of the perception of risk and burden
24    associated with the disorder and (ii) adjustment and
25    adaptation to the condition or their genetic risk by
26    addressing needs for psychological, social, and medical



SB2731- 5 -LRB103 35606 SPS 65679 b

1    support.
2    "Genetic counselor" means a person licensed under this Act
3to engage in the practice of genetic counseling.
4    "Genetic testing" and "genetic test" mean a test or
5analysis of human genes, gene products, DNA, RNA, chromosomes,
6proteins, or metabolites that detects genotypes, mutations,
7chromosomal changes, abnormalities, or deficiencies, including
8carrier status, that (i) are linked to physical or mental
9disorders or impairments, (ii) indicate a susceptibility to
10illness, disease, impairment, or other disorders, whether
11physical or mental, or (iii) demonstrate genetic or
12chromosomal damage due to environmental factors. "Genetic
13testing" and "genetic tests" do not include routine physical
14measurements; chemical, blood and urine analyses that are
15widely accepted and in use in clinical practice; tests for use
16of drugs; tests for the presence of the human immunodeficiency
17virus; analyses of proteins or metabolites that do not detect
18genotypes, mutations, chromosomal changes, abnormalities, or
19deficiencies; or analyses of proteins or metabolites that are
20directly related to a manifested disease, disorder, or
21pathological condition that could reasonably be detected by a
22health care professional with appropriate training and
23expertise in the field of medicine involved.
24    "Person" means an individual, association, partnership, or
26    "Qualified supervisor" means any person who is a licensed



SB2731- 6 -LRB103 35606 SPS 65679 b

1genetic counselor, as defined by rule, or a physician licensed
2to practice medicine in all its branches. A qualified
3supervisor may be provided at the applicant's place of work,
4or may be contracted by the applicant to provide supervision.
5The qualified supervisor shall file written documentation with
6the Department of employment, discharge, or supervisory
7control of a genetic counselor at the time of employment,
8discharge, or assumption of supervision of a genetic
10    "Secretary" means the Secretary of Financial and
11Professional Regulation.
12    "Supervision" means review of aspects of genetic
13counseling and case management in a bimonthly meeting with the
14person under supervision.
15(Source: P.A. 99-173, eff. 7-29-15; 99-633, eff. 1-1-17;
16100-201, eff. 8-18-17.)
17    (225 ILCS 135/12 new)
18    Sec. 12. Address of record; email address of record. All
19applicants and licensees shall:
20        (1) provide a valid address and email address to the
21    Department, which shall serve as the address of record and
22    email address of record, respectively, at the time of
23    application for licensure or renewal of a license; and
24        (2) inform the Department of any change of address of
25    record or email address of record within 14 days after the



SB2731- 7 -LRB103 35606 SPS 65679 b

1    change either through the Department's website or by
2    contacting the Department's licensure maintenance unit.
3    (225 ILCS 135/15)
4    (Section scheduled to be repealed on January 1, 2025)
5    Sec. 15. Exemptions.
6    (a) This Act does not prohibit any persons legally
7regulated in this State by any other Act from engaging in the
8practice for which they are authorized as long as they do not
9represent themselves by the title of "genetic counselor" or
10"licensed genetic counselor". This Act does not prohibit the
11practice of nonregulated professions whose practitioners are
12engaged in the delivery of human services as long as these
13practitioners do not represent themselves as or use the title
14of "genetic counselor" or "licensed genetic counselor".
15    (b) Nothing in this Act shall be construed to limit the
16activities and services of (i) a student, intern, resident, or
17fellow in genetic counseling or genetics seeking to fulfill
18educational requirements in order to qualify for a license
19under this Act if these activities and services constitute a
20part of the student's supervised course of study or (ii) an
21individual seeking to fulfill the post-degree experience
22requirements in order to qualify for licensing under this Act,
23as long as the activities and services are supervised by a
24qualified supervisor. A student, intern, resident, or fellow
25must be designated by the title "intern", "resident",



SB2731- 8 -LRB103 35606 SPS 65679 b

1"fellow", or any other designation of trainee status. Nothing
2contained in this subsection shall be construed to permit
3students, interns, residents, or fellows to offer their
4services as genetic counselors or geneticists to any other
5person and to accept remuneration for such genetic counseling
6services, except as specifically provided in this subsection
7or subsection (c).
8    (c) Corporations, partnerships, and associations may
9employ students, interns, or post-degree candidates seeking to
10fulfill educational requirements or the professional
11experience requirements needed to qualify for a license under
12this Act if their activities and services constitute a part of
13the student's supervised course of study or post-degree
14professional experience requirements. Nothing in this
15subsection shall prohibit a corporation, partnership, or
16association from contracting with a licensed health care
17professional to provide services that they are licensed to
19    (d) Nothing in this Act shall prevent the employment, by a
20genetic counselor, person, association, partnership, or
21corporation furnishing genetic counseling services for
22remuneration, of persons not licensed as genetic counselors
23under this Act to perform services in various capacities as
24needed, if these persons are not in any manner held out to the
25public or do not hold themselves out to the public by any title
26or designation stating or implying that they are genetic



SB2731- 9 -LRB103 35606 SPS 65679 b

2    (e) Nothing in this Act shall be construed to limit the
3services of a person, not licensed under the provisions of
4this Act, in the employ of a federal, State, county, or
5municipal agency or other political subdivision or
6not-for-profit corporation providing human services if (i) the
7services are a part of the duties in the person's his or her
8salaried position, (ii) the services are performed solely on
9behalf of the person's his or her employer, and (iii) that
10person does not in any manner represent oneself himself or
11herself as or use the title of "genetic counselor" or
12"licensed genetic counselor".
13    (f) Duly recognized members of any religious organization
14shall not be restricted from functioning in their ministerial
15capacity provided they do not represent themselves as being
16genetic counselors or as providing genetic counseling.
17    (g) Nothing in this Act shall be construed to require or
18prohibit any hospital, clinic, home health agency, hospice, or
19other entity that provides health care to employ or to
20contract with a person licensed under this Act to provide
21genetic counseling services.
22    (h) Nothing in this Act shall be construed to prevent any
23licensed social worker, licensed clinical social worker,
24licensed clinical psychologist, licensed professional
25counselor, or licensed clinical professional counselor from
26practicing professional counseling as long as that person is



SB2731- 10 -LRB103 35606 SPS 65679 b

1not in any manner held out to the public as a "genetic
2counselor" or "licensed genetic counselor" or does not hold
3out that person's his or her services as being genetic
5    (i) Nothing in this Act shall be construed to limit the
6practice of a person not licensed under this Act who is a
7physician licensed to practice medicine in all of its branches
8under the Medical Practice Act of 1987 or intern, fellow, or
9resident from using the title "genetic counselor" or any other
10title tending to indicate they are a genetic counselor.
11    (j) Nothing in the Act shall prohibit a visiting ABGC or
12ABMGG ABMG certified genetic counselor from outside the State
13working as a consultant, or organizations from outside the
14State employing ABGC or ABMGG ABMG certified genetic
15counselors providing occasional services, who are not licensed
16under this Act, from engaging in the practice of genetic
17counseling subject to the stated circumstances and limitations
18defined by rule.
19(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
20    (225 ILCS 135/20)
21    (Section scheduled to be repealed on January 1, 2025)
22    Sec. 20. Restrictions and limitations.
23    (a) Except as provided in Section 15, no person shall,
24without a valid license as a genetic counselor issued by the
25Department (i) in any manner hold oneself himself or herself



SB2731- 11 -LRB103 35606 SPS 65679 b

1out to the public as a genetic counselor under this Act; (ii)
2use in connection with a person's his or her name or place of
3business the title "genetic counselor", "licensed genetic
4counselor", "gene counselor", "genetic consultant", or
5"genetic associate" or any words, letters, abbreviations, or
6insignia indicating or implying a person has met the
7qualifications for or has the license issued under this Act;
8or (iii) offer to render or render to individuals,
9corporations, or the public genetic counseling services if the
10words "genetic counselor" or "licensed genetic counselor" are
11used to describe the person offering to render or rendering
12them, or "genetic counseling" is used to describe the services
13rendered or offered to be rendered.
14    (b) (Blank).
15    (c) No association, limited liability company,
16professional limited liability company, or partnership shall
17practice genetic counseling unless every member, partner, and
18employee of the association, limited liability company,
19professional limited liability company, or partnership who
20practices genetic counseling or who renders genetic counseling
21services holds a valid license issued under this Act. No
22license shall be issued to a business corporation, the stated
23purpose of which includes or which practices or which holds
24itself out as available to practice genetic counseling, unless
25it is organized under the Professional Service Corporation Act
26or the Professional Limited Liability Company Act.



SB2731- 12 -LRB103 35606 SPS 65679 b

1    (d) Nothing in this Act shall be construed as permitting
2persons licensed as genetic counselors to engage in any manner
3in the practice of medicine in all its branches as defined by
4law in this State.
5    (e) Nothing in this Act shall be construed to authorize a
6licensed genetic counselor to diagnose or treat any genetic or
7other disease or condition.
8    (f) When, in the course of providing genetic counseling
9services to any person, a genetic counselor licensed under
10this Act finds any indication of a disease or condition that in
11the genetic counselor's his or her professional judgment
12requires professional service outside the scope of practice as
13defined in this Act, the genetic counselor he or she shall
14refer that person to a physician licensed to practice medicine
15in all of its branches.
16(Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15;
1799-633, eff. 1-1-17.)
18    (225 ILCS 135/25)
19    (Section scheduled to be repealed on January 1, 2025)
20    Sec. 25. Unlicensed practice; violation; civil penalty.
21    (a) Any person who practices, offers to practice, attempts
22to practice, or holds oneself himself or herself out to
23practice as a genetic counselor without being licensed or
24exempt under this Act shall, in addition to any other penalty
25provided by law, pay a civil penalty to the Department in an



SB2731- 13 -LRB103 35606 SPS 65679 b

1amount not to exceed $10,000 for each offense, as determined
2by the Department. Civil penalty shall be assessed by the
3Department after a hearing is held in accordance with the
4provisions set forth in this Act regarding the provision of a
5hearing for the discipline of a licensee.
6    (b) The Department may investigate any actual, alleged, or
7suspected unlicensed activity.
8    (c) The civil penalty shall be paid within 60 days after
9the effective date of the order imposing the civil penalty.
10The order shall constitute a final judgment and may be filed
11and execution had thereon in the same manner as any judgment
12from any court of record.
13(Source: P.A. 98-813, eff. 1-1-15.)
14    (225 ILCS 135/30)
15    (Section scheduled to be repealed on January 1, 2025)
16    Sec. 30. Powers and duties of the Department. Subject to
17the provisions of this Act, the Department may:
18        (a) authorize examinations to ascertain the
19    qualifications and fitness of applicants for licensing as
20    genetic counselors and pass upon the qualifications of
21    applicants for licensure by endorsement;
22        (b) conduct hearings on proceedings to refuse to issue
23    or renew or to revoke licenses or suspend, place on
24    probation, censure, or reprimand persons licensed under
25    this Act, and to refuse to issue or renew or to revoke



SB2731- 14 -LRB103 35606 SPS 65679 b

1    licenses, or suspend, place on probation, censure, or
2    reprimand persons licensed under this Act;
3        (c) adopt rules necessary for the administration of
4    this Act; and
5        (d) (blank). maintain rosters of the names and
6    addresses of all licensees and all persons whose licenses
7    have been suspended, revoked, or denied. These rosters
8    shall be available upon written request and payment of the
9    required fee.
10(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
11    (225 ILCS 135/40)
12    (Section scheduled to be repealed on January 1, 2025)
13    Sec. 40. Application for original license. Applications
14for original licenses shall be made to the Department on forms
15or electronically as prescribed by the Department and
16accompanied by the required fee, which is not refundable. All
17applications shall contain such information that, in the
18judgment of the Department, will enable the Department to pass
19on the qualifications of the applicant for a license to
20practice as a genetic counselor.
21    If an applicant fails to obtain a license under this Act
22within 3 years after filing an his or her application, the
23application shall be denied. The applicant may make a new
24application, which shall be accompanied by the required
25nonrefundable fee. The applicant shall be required to meet the



SB2731- 15 -LRB103 35606 SPS 65679 b

1qualifications required for licensure at the time of
3(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
4    (225 ILCS 135/45)
5    (Section scheduled to be repealed on January 1, 2025)
6    Sec. 45. Social Security Number or individual taxpayer
7identification number on license application. In addition to
8any other information required to be contained in the
9application, every application for an original license under
10this Act shall include the applicant's Social Security Number
11or individual taxpayer identification number, which shall be
12retained in the agency's records pertaining to the license. As
13soon as practical, the Department shall assign a customer's
14identification number to each applicant for a license.
15    Every application for a renewal, reinstated, or restored
16license shall require the applicant's customer identification
18(Source: P.A. 97-400, eff. 1-1-12; 98-813, eff. 1-1-15.)
19    (225 ILCS 135/50)
20    (Section scheduled to be repealed on January 1, 2025)
21    Sec. 50. Examination.
22    (a) Applicants for genetic counseling licensure must
23provide evidence that they have successfully completed the
24certification examination provided by the ABGC or ABMGG ABMG,



SB2731- 16 -LRB103 35606 SPS 65679 b

1if they are master's degree trained genetic counselors, or the
2ABMGG ABMG, if they are PhD trained medical geneticists; or
3successfully completed the examination provided by the
4successor agencies of the ABGC or ABMGG ABMG. The examinations
5shall be of a character to fairly test the competence and
6qualifications of the applicants to practice genetic
8     (b) (Blank).
9(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
10    (225 ILCS 135/55)
11    (Section scheduled to be repealed on January 1, 2025)
12    Sec. 55. Qualifications for licensure. A person shall be
13qualified for licensure as a genetic counselor and the
14Department may issue a license if that person:
15        (1) has applied in writing or electronically in form
16    and substance satisfactory to the Department; is at least
17    21 years of age;
18        (2) has not engaged in conduct or activities which
19    would constitute grounds for discipline under this Act;
20        (3) (i) has successfully completed a Master's degree
21    in genetic counseling from an ABGC or ABMGG ABMG
22    accredited training program or an equivalent program
23    approved by the ABGC or the ABMGG ABMG or (ii) is a
24    physician licensed to practice medicine in all its
25    branches or (iii) has a doctoral degree and has



SB2731- 17 -LRB103 35606 SPS 65679 b

1    successfully completed an ABMGG ABMG accredited medical
2    genetics training program or an equivalent program
3    approved by the ABMGG ABMG;
4        (4) has successfully completed an examination provided
5    by the ABGC or its successor, the ABMGG ABMG or its
6    successor, or a substantially equivalent examination
7    approved by the Department;
8        (5) has paid the fees required by rule;
9        (6) has met the requirements for certification set
10    forth by the ABGC or its successor or the ABMGG ABMG or its
11    successor; and
12        (7) has met any other requirements established by
13    rule.
14(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
15    (225 ILCS 135/60)
16    (Section scheduled to be repealed on January 1, 2025)
17    Sec. 60. Temporary licensure. A temporary license may be
18issued to an individual who has made application to the
19Department, has submitted evidence to the Department of
20admission to the certifying examination administered by the
21ABGC or the ABMGG ABMG or either of its successor agencies, has
22met all of the requirements for licensure in accordance with
23Section 55 of this Act, except the examination requirement of
24item (4) of Section 55 of this Act, and has met any other
25condition established by rule. The holder of a temporary



SB2731- 18 -LRB103 35606 SPS 65679 b

1license shall practice only under the supervision of a
2qualified supervisor and may not have the authority to order
3genetic tests. Nothing in this Section prohibits an applicant
4from re-applying for a temporary license if the applicant he
5or she meets the qualifications of this Section.
6(Source: P.A. 96-1313, eff. 7-27-10.)
7    (225 ILCS 135/65)
8    (Section scheduled to be repealed on January 1, 2025)
9    Sec. 65. Licenses; renewal; restoration; person in
10military service; inactive status.
11    (a) The expiration date and renewal period for each
12license issued under this Act shall be set by rule. As a
13condition of renewal of a license, a licensee must complete
14continuing education requirements established by rule of the
16    (b) Any person who has permitted a license to expire or who
17has a license on inactive status may have it restored by
18submitting an application to the Department and filing proof
19of fitness, as defined by rule, to have the license restored,
20including, if appropriate, evidence which is satisfactory to
21the Department certifying the active practice of genetic
22counseling in another jurisdiction, and by paying the required
24    (c) If the person has not maintained an active practice in
25another jurisdiction that is satisfactory to the Department,



SB2731- 19 -LRB103 35606 SPS 65679 b

1the Department shall determine the person's fitness to resume
2active status. The Department may also require the person to
3complete a specific period of evaluated genetic counseling
4work experience under the supervision of a qualified
5supervisor and may require demonstration of completion of
6continuing education requirements.
7    (d) Any person whose license expired while on active duty
8with the armed forces of the United States, while called into
9service or training with the State Militia, or while in
10training or education under the supervision of the United
11States government prior to induction into military service may
12have the his license restored without paying any renewal fees
13if, within 2 years after the termination of such service,
14training, or education, except under conditions other than
15honorable, the Department is furnished with satisfactory
16evidence that the person has been so engaged and that such
17service, training, or education has been so terminated.
18    (e) A license to practice shall not be denied any
19applicant because of the applicant's race, religion, creed,
20national origin, political beliefs or activities, age, sex, or
21physical impairment.
22(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
23    (225 ILCS 135/73)
24    (Section scheduled to be repealed on January 1, 2025)
25    Sec. 73. Inactive status. A person licensed under this Act



SB2731- 20 -LRB103 35606 SPS 65679 b

1who notifies the Department in writing on forms or
2electronically as prescribed by the Department may elect to
3place the his or her license on inactive status and shall,
4subject to rule of the Department, be excused from payment of
5renewal fees until that person he or she notifies the
6Department, in writing, of that person's his or her desire to
7resume active status.
8    A person requesting restoration from inactive status shall
9be required to pay the current renewal fee and shall be
10required to restore the his or her license as provided by ,
11pursuant to Section 65 of this Act.
12    Practice by an individual whose license is on inactive
13status shall be considered to be the unlicensed practice of
14genetic counseling and shall be grounds for discipline under
15this Act.
16(Source: P.A. 94-661, eff. 1-1-06.)
17    (225 ILCS 135/80)
18    (Section scheduled to be repealed on January 1, 2025)
19    Sec. 80. Checks or orders dishonored. Any person who
20issues or delivers a check or other order to the Department
21that is returned to the Department unpaid by the financial
22institution upon which it is drawn shall pay to the
23Department, in addition to the amount already owed to the
24Department, a fine of $50. The fines imposed by this Section
25are in addition to any other discipline provided under this



SB2731- 21 -LRB103 35606 SPS 65679 b

1Act prohibiting unlicensed practice or practice on a
2nonrenewed license. The Department shall notify the person
3that payment of fees and fines shall be paid to the Department
4by certified check or money order within 30 calendar days
5after notification. If, after the expiration of 30 days from
6the date of the notification, the person has failed to submit
7the necessary remittance, the Department shall automatically
8terminate the license or certification or deny the
9application, without hearing. If, after termination or denial,
10the person seeks a license or certificate, the person he or she
11shall apply to the Department for restoration or issuance of
12the license or certificate and pay all fees and fines due to
13the Department. The Department may establish a fee for the
14processing of an application for restoration of a license to
15pay all costs and expenses of processing of this application.
16The Secretary may waive the fines due under this Section in
17individual cases where the Secretary finds that the fines
18would be unnecessarily burdensome.
19(Source: P.A. 98-813, eff. 1-1-15.)
20    (225 ILCS 135/85)
21    (Section scheduled to be repealed on January 1, 2025)
22    Sec. 85. Endorsement. The Department may issue a license
23as a genetic counselor, without administering the required
24examination, to an applicant licensed under the laws of
25another state, a U.S. territory, or another country if the



SB2731- 22 -LRB103 35606 SPS 65679 b

1requirements for licensure in that state, U.S. territory, or
2country are, on the date of licensure, substantially equal to
3the requirements of this Act or to a person who, at the time of
4his or her application for licensure, possesses individual
5qualifications that are substantially equivalent to the
6requirements of this Act. An applicant under this Section
7shall pay all of the required fees.
8    An applicant shall have 3 years from the date of
9application to complete the application process. If the
10process has not been completed within the 3-year time period,
11the application shall be denied, the fee shall be forfeited,
12and the applicant shall be required to reapply and meet the
13requirements in effect at the time of reapplication.
14(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
15    (225 ILCS 135/95)
16    (Section scheduled to be repealed on January 1, 2025)
17    Sec. 95. Grounds for discipline.
18    (a) The Department may refuse to issue, renew, or may
19revoke, suspend, place on probation, reprimand, or take other
20disciplinary or non-disciplinary action as the Department
21deems appropriate, including the issuance of fines not to
22exceed $10,000 for each violation, with regard to any license
23for any one or more of the following:
24        (1) Material misstatement in furnishing information to
25    the Department or to any other State agency.



SB2731- 23 -LRB103 35606 SPS 65679 b

1        (2) Violations or negligent or intentional disregard
2    of this Act, or any of its rules.
3        (3) Conviction by plea of guilty or nolo contendere,
4    finding of guilt, jury verdict, or entry of judgment or
5    sentencing, including, but not limited to, convictions,
6    preceding sentences of supervision, conditional discharge,
7    or first offender probation, under the laws of any
8    jurisdiction of the United States: (i) that is a felony or
9    (ii) that is a misdemeanor, an essential element of which
10    is dishonesty, or that is directly related to the practice
11    of genetic counseling.
12        (4) Making any misrepresentation for the purpose of
13    obtaining a license, or violating any provision of this
14    Act or its rules.
15        (5) Negligence in the rendering of genetic counseling
16    services.
17        (6) Failure to provide genetic testing results and any
18    requested information to a referring physician licensed to
19    practice medicine in all its branches, advanced practice
20    registered nurse, or physician assistant.
21        (7) Aiding or assisting another person in violating
22    any provision of this Act or any rules.
23        (8) Failing to provide information within 60 days in
24    response to a written request made by the Department.
25        (9) Engaging in dishonorable, unethical, or
26    unprofessional conduct of a character likely to deceive,



SB2731- 24 -LRB103 35606 SPS 65679 b

1    defraud, or harm the public and violating the rules of
2    professional conduct adopted by the Department.
3        (10) Failing to maintain the confidentiality of any
4    information received from a client, unless otherwise
5    authorized or required by law.
6        (10.5) Failure to maintain client records of services
7    provided and provide copies to clients upon request.
8        (11) Exploiting a client for personal advantage,
9    profit, or interest.
10        (12) Habitual or excessive use or addiction to
11    alcohol, narcotics, stimulants, or any other chemical
12    agent or drug which results in inability to practice with
13    reasonable skill, judgment, or safety.
14        (13) Discipline by another governmental agency or unit
15    of government, by any jurisdiction of the United States,
16    or by a foreign nation, if at least one of the grounds for
17    the discipline is the same or substantially equivalent to
18    those set forth in this Section.
19        (14) Directly or indirectly giving to or receiving
20    from any person, firm, corporation, partnership, or
21    association any fee, commission, rebate, or other form of
22    compensation for any professional service not actually
23    rendered. Nothing in this paragraph (14) affects any bona
24    fide independent contractor or employment arrangements
25    among health care professionals, health facilities, health
26    care providers, or other entities, except as otherwise



SB2731- 25 -LRB103 35606 SPS 65679 b

1    prohibited by law. Any employment arrangements may include
2    provisions for compensation, health insurance, pension, or
3    other employment benefits for the provision of services
4    within the scope of the licensee's practice under this
5    Act. Nothing in this paragraph (14) shall be construed to
6    require an employment arrangement to receive professional
7    fees for services rendered.
8        (15) A finding by the Department that the licensee,
9    after having the license placed on probationary status,
10    has violated the terms of probation.
11        (16) Failing to refer a client to other health care
12    professionals when the licensee is unable or unwilling to
13    adequately support or serve the client.
14        (17) Willfully filing false reports relating to a
15    licensee's practice, including, but not limited to, false
16    records filed with federal or State agencies or
17    departments.
18        (18) Willfully failing to report an instance of
19    suspected child abuse or neglect as required by the Abused
20    and Neglected Child Reporting Act.
21        (19) Being named as a perpetrator in an indicated
22    report by the Department of Children and Family Services
23    pursuant to the Abused and Neglected Child Reporting Act,
24    and upon proof by clear and convincing evidence that the
25    licensee has caused a child to be an abused child or
26    neglected child as defined in the Abused and Neglected



SB2731- 26 -LRB103 35606 SPS 65679 b

1    Child Reporting Act.
2        (20) Physical or mental disability, including
3    deterioration through the aging process or loss of
4    abilities and skills which results in the inability to
5    practice the profession with reasonable judgment, skill,
6    or safety.
7        (21) Solicitation of professional services by using
8    false or misleading advertising.
9        (22) Failure to file a return, or to pay the tax,
10    penalty of interest shown in a filed return, or to pay any
11    final assessment of tax, penalty or interest, as required
12    by any tax Act administered by the Illinois Department of
13    Revenue or any successor agency or the Internal Revenue
14    Service or any successor agency.
15        (23) Fraud or making any misrepresentation in applying
16    for or procuring a license under this Act or in connection
17    with applying for renewal of a license under this Act.
18        (24) Practicing or attempting to practice under a name
19    other than the full name as shown on the license or any
20    other legally authorized name.
21        (25) Gross overcharging for professional services,
22    including filing statements for collection of fees or
23    moneys monies for which services are not rendered.
24        (26) (Blank).
25        (27) Charging for professional services not rendered,
26    including filing false statements for the collection of



SB2731- 27 -LRB103 35606 SPS 65679 b

1    fees for which services are not rendered.
2        (28) Allowing one's license under this Act to be used
3    by an unlicensed person in violation of this Act.
4    (b) (Blank).
5    (b-5) The Department shall not revoke, suspend, summarily
6suspend, place on prohibition, reprimand, refuse to issue or
7renew, or take any other disciplinary or non-disciplinary
8action against the license or permit issued under this Act to
9practice as a genetic counselor based solely upon the genetic
10counselor authorizing, recommending, aiding, assisting,
11referring for, or otherwise participating in any health care
12service, so long as the care was not unlawful under the laws of
13this State, regardless of whether the patient was a resident
14of this State or another state.
15    (b-10) The Department shall not revoke, suspend, summarily
16suspend, place on prohibition, reprimand, refuse to issue or
17renew, or take any other disciplinary or non-disciplinary
18action against the license or permit issued under this Act to
19practice as a genetic counselor based upon the genetic
20counselor's license being revoked or suspended, or the genetic
21counselor being otherwise disciplined by any other state, if
22that revocation, suspension, or other form of discipline was
23based solely on the genetic counselor violating another
24state's laws prohibiting the provision of, authorization of,
25recommendation of, aiding or assisting in, referring for, or
26participation in any health care service if that health care



SB2731- 28 -LRB103 35606 SPS 65679 b

1service as provided would not have been unlawful under the
2laws of this State and is consistent with the standards of
3conduct for the genetic counselor if it occurred in Illinois.
4    (b-15) The conduct specified in subsections (b-5) and
5(b-10) shall not constitute grounds for suspension under
6Section 160.
7    (b-20) An applicant seeking licensure, certification, or
8authorization pursuant to this Act who has been subject to
9disciplinary action by a duly authorized professional
10disciplinary agency of another jurisdiction solely on the
11basis of having authorized, recommended, aided, assisted,
12referred for, or otherwise participated in health care shall
13not be denied such licensure, certification, or authorization,
14unless the Department determines that such action would have
15constituted professional misconduct in this State; however,
16nothing in this Section shall be construed as prohibiting the
17Department from evaluating the conduct of such applicant and
18making a determination regarding the licensure, certification,
19or authorization to practice a profession under this Act.
20    (c) The determination by a court that a licensee is
21subject to involuntary admission or judicial admission as
22provided in the Mental Health and Developmental Disabilities
23Code will result in an automatic suspension of the his or her
24license. The suspension will end upon a finding by a court that
25the licensee is no longer subject to involuntary admission or
26judicial admission, the issuance of an order so finding and



SB2731- 29 -LRB103 35606 SPS 65679 b

1discharging the patient, and the determination of the
2Secretary that the licensee be allowed to resume professional
4    (d) The Department may refuse to issue or renew or may
5suspend without hearing the license of any person who fails to
6file a return, to pay the tax penalty or interest shown in a
7filed return, or to pay any final assessment of the tax,
8penalty, or interest as required by any Act regarding the
9payment of taxes administered by the Illinois Department of
10Revenue until the requirements of the Act are satisfied in
11accordance with subsection (g) of Section 2105-15 of the Civil
12Administrative Code of Illinois.
13    (e) In cases where the Department of Healthcare and Family
14Services has previously determined that a licensee or a
15potential licensee is more than 30 days delinquent in the
16payment of child support and has subsequently certified the
17delinquency to the Department, the Department may refuse to
18issue or renew or may revoke or suspend that person's license
19or may take other disciplinary action against that person
20based solely upon the certification of delinquency made by the
21Department of Healthcare and Family Services in accordance
22with item (5) of subsection (a) of Section 2105-15 of the
23Department of Professional Regulation Law of the Civil
24Administrative Code of Illinois.
25    (f) All fines or costs imposed under this Section shall be
26paid within 60 days after the effective date of the order



SB2731- 30 -LRB103 35606 SPS 65679 b

1imposing the fine or costs or in accordance with the terms set
2forth in the order imposing the fine.
3    (g) The Department may adopt rules to implement the
4changes made by this amendatory Act of the 102nd General
6(Source: P.A. 102-1117, eff. 1-13-23.)
7    (225 ILCS 135/100)
8    (Section scheduled to be repealed on January 1, 2025)
9    Sec. 100. Violations; injunction; cease and desist order.
10    (a) If any person violates the provisions of this Act, the
11Secretary may, in the name of the People of the State of
12Illinois, through the Attorney General of the State of
13Illinois or the State's Attorney of any county in which the
14violation is alleged to have occurred, petition for an order
15enjoining the violation or for an order enforcing compliance
16with this Act. Upon the filing of a verified petition, the
17court with appropriate jurisdiction may issue a temporary
18restraining order without notice or bond, and may
19preliminarily and permanently enjoin the violation. If it is
20established that the person has violated or is violating the
21injunction, the court may punish the offender for contempt of
22court. Proceedings under this Section are in addition to all
23other remedies and penalties provided by this Act.
24    (b) If any person holds oneself himself or herself out as
25being a licensed genetic counselor under this Act and is not



SB2731- 31 -LRB103 35606 SPS 65679 b

1licensed to do so, then any licensed genetic counselor,
2interested party, or any person injured thereby may petition
3for relief as provided in subsection (a) of this Section.
4    (c) Whenever, in the opinion of the Department, a person
5violates any provision of this Act, the Department may issue a
6rule to show cause why an order to cease and desist should not
7be entered against that person. The rule shall clearly set
8forth the grounds relied upon by the Department and shall
9allow at least 7 days from the date of the rule to file an
10answer satisfactory to the Department. Failure to answer to
11the satisfaction of the Department shall cause an order to
12cease and desist to be issued.
13(Source: P.A. 98-813, eff. 1-1-15.)
14    (225 ILCS 135/105)
15    (Section scheduled to be repealed on January 1, 2025)
16    Sec. 105. Investigations; notice and hearing. The
17Department may investigate the actions of any applicant or any
18person holding or claiming to hold a license. The Department
19shall, before revoking, suspending, placing on probation,
20reprimanding, or taking any other disciplinary action under
21Section 95 of this Act, at least 30 days prior to the date set
22for the hearing, (i) notify the accused, in writing, of any
23charges made and the time and place for the hearing on the
24charges, (ii) direct the accused him or her to file a written
25answer to the charges with the Department under oath within 20



SB2731- 32 -LRB103 35606 SPS 65679 b

1days after service of the notice, and (iii) inform the accused
2that, if the accused he or she fails to answer, a default
3judgment will be entered taken against the accused him or her
4or that the his or her license or certificate may be suspended,
5revoked, placed on probationary status, or other disciplinary
6action taken with regard to the license, including limiting
7the scope, nature, or extent of the accused's his or her
8practice, as the Department may deem proper. In case the
9person, after receiving notice, fails to file an answer, the
10his or her license may, in the discretion of the Department, be
11suspended, revoked, placed on probationary status, or the
12Department may take whatever disciplinary action considered
13proper, including limiting the scope, nature, or extent of the
14person's practice or the imposition of a fine, without a
15hearing, if the act or acts charged constitute sufficient
16grounds for such action under this Act. The written notice may
17be served by personal delivery or certified mail to the
18applicant's or licensee's address of record or by email to the
19applicant's or licensee's email address of record.
20(Source: P.A. 98-813, eff. 1-1-15.)
21    (225 ILCS 135/110)
22    (Section scheduled to be repealed on January 1, 2025)
23    Sec. 110. Record of proceedings; transcript. The
24Department, at its expense, shall provide a certified
25shorthand reporter to take down the testimony and preserve a



SB2731- 33 -LRB103 35606 SPS 65679 b

1record of all proceedings at the hearing of any case in which a
2license may be revoked, suspended, or placed on probationary
3status or a licensee may be reprimanded, fined, or subjected
4to other disciplinary action with reference to the license
5when a disciplinary action is authorized under this Act and
6its rules. The notice of hearing, complaint, and all other
7documents in the nature of pleadings and written portions
8filed in the proceedings, the transcript of the testimony, the
9report of the hearing officer, and the orders of the
10Department shall be the records of the proceedings. The record
11may be made available to any person interested in the hearing
12upon payment of the fee required by Section 2105-115 of the
13Department of Professional Regulation Law of the Civil
14Administrative Code of Illinois preserve a record of all
15proceedings at the formal hearing of any case.
16(Source: P.A. 98-813, eff. 1-1-15.)
17    (225 ILCS 135/115)
18    (Section scheduled to be repealed on January 1, 2025)
19    Sec. 115. Subpoenas; depositions; oaths. The Department
20may subpoena and bring before it any person in this State and
21take the oral or written testimony or compel the production of
22any books, papers, records, or any other documents that the
23Secretary or the Secretary's his or her designee deems
24relevant or material to any investigation or hearing conducted
25by the Department with the same fees and mileage and in the



SB2731- 34 -LRB103 35606 SPS 65679 b

1same manner as prescribed in civil cases in the courts of this
2State. The Secretary, the shorthand court reporter, and the
3designated hearing officer may administer oaths at any hearing
4which the Department conducts. Notwithstanding any other
5statute or Department rule to the contrary, all requests for
6testimony and for the production of documents or records shall
7be in accordance with this Act.
8(Source: P.A. 98-813, eff. 1-1-15.)
9    (225 ILCS 135/135)
10    (Section scheduled to be repealed on January 1, 2025)
11    Sec. 135. Secretary; rehearing. Whenever the Secretary
12believes justice has not been done in the revocation,
13suspension, or refusal to issue or renew a license or the
14discipline of a licensee, the Secretary he or she may order a
16(Source: P.A. 98-813, eff. 1-1-15.)
17    (225 ILCS 135/140)
18    (Section scheduled to be repealed on January 1, 2025)
19    Sec. 140. Appointment of a hearing officer. The Secretary
20has the authority to appoint any attorney licensed to practice
21law in the State of Illinois to serve as the hearing officer in
22any action for refusal to issue or renew a license or permit or
23to discipline a licensee. The hearing officer has full
24authority to conduct the hearing. The hearing officer shall



SB2731- 35 -LRB103 35606 SPS 65679 b

1report the hearing officer's his findings of fact, conclusions
2of law, and recommendations to the Secretary.
3(Source: P.A. 98-813, eff. 1-1-15.)
4    (225 ILCS 135/155)
5    (Section scheduled to be repealed on January 1, 2025)
6    Sec. 155. Surrender of license. Upon the revocation or
7suspension of a license, the licensee shall immediately
8surrender the his or her license to the Department. If the
9licensee fails to do so, the Department has the right to seize
10the license.
11(Source: P.A. 93-1041, eff. 9-29-04.)
12    (225 ILCS 135/180)
13    (Section scheduled to be repealed on January 1, 2025)
14    Sec. 180. Administrative Procedure Act; application. The
15Illinois Administrative Procedure Act is hereby expressly
16adopted and incorporated in this Act as if all of the
17provisions of such Act were included in this Act, except that
18the provision of paragraph (d) of Section 10-65 of the
19Illinois Administrative Procedure Act, which provides that at
20hearings the license holder has the right to show compliance
21with all lawful requirements for retention, continuation, or
22renewal of the certificate, is specifically excluded. For the
23purpose of this Act the notice required under Section 10-25 of
24the Illinois Administrative Procedure Act is deemed sufficient



SB2731- 36 -LRB103 35606 SPS 65679 b

1when mailed to the last known address of record of a party or
2when emailed to the last known email address of record of a
4(Source: P.A. 98-813, eff. 1-1-15.)



SB2731- 37 -LRB103 35606 SPS 65679 b

2 Statutes amended in order of appearance
3    5 ILCS 80/4.35
4    5 ILCS 80/4.40
5    225 ILCS 135/10
6    225 ILCS 135/12 new
7    225 ILCS 135/15
8    225 ILCS 135/20
9    225 ILCS 135/25
10    225 ILCS 135/30
11    225 ILCS 135/40
12    225 ILCS 135/45
13    225 ILCS 135/50
14    225 ILCS 135/55
15    225 ILCS 135/60
16    225 ILCS 135/65
17    225 ILCS 135/73
18    225 ILCS 135/80
19    225 ILCS 135/85
20    225 ILCS 135/95
21    225 ILCS 135/100
22    225 ILCS 135/105
23    225 ILCS 135/110
24    225 ILCS 135/115
25    225 ILCS 135/135



SB2731- 38 -LRB103 35606 SPS 65679 b

1    225 ILCS 135/140
2    225 ILCS 135/155
3    225 ILCS 135/180