Sen. Iris Y. Martinez

Filed: 4/2/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 643

2    AMENDMENT NO. ______. Amend Senate Bill 643 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by adding
5Section 4.35 as follows:
 
6    (5 ILCS 80/4.35 new)
7    Sec. 4.35. Act repealed on January 1, 2025. The following
8Act is repealed on January 1, 2025:
9    The Genetic Counselor Licensing Act.
 
10    (5 ILCS 80/4.25 rep.)
11    Section 10. The Regulatory Sunset Act is amended by
12repealing Section 4.25.
 
13    Section 15. The Genetic Counselor Licensing Act is amended
14by changing Sections 10, 20, 25, 45, 80, 95, 100, 105, 110,

 

 

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1115, 120, 125, 135, 140, 145, 150, 160, 170, and 180 and by
2adding Section 190 as follows:
 
3    (225 ILCS 135/10)
4    (Section scheduled to be repealed on January 1, 2015)
5    Sec. 10. Definitions. As used in this Act:
6    "ABGC" means the American Board of Genetic Counseling.
7    "ABMG" means the American Board of Medical Genetics.
8    "Active candidate status" is awarded to applicants who have
9received approval from the ABGC or ABMG to sit for their
10respective certification examinations.
11    "Address of record" means the designated address recorded
12by the Department in the applicant's or licensee's application
13file or license file as maintained by the Department's
14licensure maintenance unit. It is the duty of the applicant or
15licensee to inform the Department of any change of address, and
16those changes must be made either through the Department's
17website or by contacting the Department.
18    "Department" means the Department of Financial and
19Professional Regulation.
20    "Director" means the Director of Professional Regulation.
21    "Genetic anomaly" means a variation in an individual's DNA
22that has been shown to confer a genetically influenced disease
23or predisposition to a genetically influenced disease or makes
24a person a carrier of such variation. A "carrier" of a genetic
25anomaly means a person who may or may not have a predisposition

 

 

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1or risk of incurring a genetically influenced condition and who
2is at risk of having offspring with a genetically influenced
3condition.
4    "Genetic counseling" means the provision of services,
5which may include the ordering of genetic tests, pursuant to a
6referral, to individuals, couples, groups, families, and
7organizations by one or more appropriately trained individuals
8to address the physical and psychological issues associated
9with the occurrence or risk of occurrence or recurrence of a
10genetic disorder, birth defect, disease, or potentially
11inherited or genetically influenced condition in an individual
12or a family. "Genetic counseling" consists of the following:
13        (A) Estimating the likelihood of occurrence or
14    recurrence of a birth defect or of any potentially
15    inherited or genetically influenced condition. This
16    assessment may involve:
17            (i) obtaining and analyzing a complete health
18        history of the person and his or her family;
19            (ii) reviewing pertinent medical records;
20            (iii) evaluating the risks from exposure to
21        possible mutagens or teratogens;
22            (iv) recommending genetic testing or other
23        evaluations to diagnose a condition or determine the
24        carrier status of one or more family members;
25        (B) Helping the individual, family, health care
26    provider, or health care professional (i) appreciate the

 

 

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1    medical, psychological and social implications of a
2    disorder, including its features, variability, usual
3    course and management options, (ii) learn how genetic
4    factors contribute to the disorder and affect the chance
5    for recurrence of the condition in other family members,
6    and (iii) understand available options for coping with,
7    preventing, or reducing the chance of occurrence or
8    recurrence of a condition.
9        (C) Facilitating an individual's or family's (i)
10    exploration of the perception of risk and burden associated
11    with the disorder and (ii) adjustment and adaptation to the
12    condition or their genetic risk by addressing needs for
13    psychological, social, and medical support.
14    "Genetic counselor" means a person licensed under this Act
15to engage in the practice of genetic counseling.
16    "Genetic testing" and "genetic test" mean a test or
17analysis of human genes, gene products, DNA, RNA, chromosomes,
18proteins, or metabolites that detects genotypes, mutations,
19chromosomal changes, abnormalities, or deficiencies, including
20carrier status, that (i) are linked to physical or mental
21disorders or impairments, (ii) indicate a susceptibility to
22illness, disease, impairment, or other disorders, whether
23physical or mental, or (iii) demonstrate genetic or chromosomal
24damage due to environmental factors. "Genetic testing" and
25"genetic tests" do not include routine physical measurements;
26chemical, blood and urine analyses that are widely accepted and

 

 

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1in use in clinical practice; tests for use of drugs; tests for
2the presence of the human immunodeficiency virus; analyses of
3proteins or metabolites that do not detect genotypes,
4mutations, chromosomal changes, abnormalities, or
5deficiencies; or analyses of proteins or metabolites that are
6directly related to a manifested disease, disorder, or
7pathological condition that could reasonably be detected by a
8health care professional with appropriate training and
9expertise in the field of medicine involved.
10    "Person" means an individual, association, partnership, or
11corporation.
12    "Qualified supervisor" means any person who is a licensed
13genetic counselor, as defined by rule, or a physician licensed
14to practice medicine in all its branches. A qualified
15supervisor may be provided at the applicant's place of work, or
16may be contracted by the applicant to provide supervision. The
17qualified supervisor shall file written documentation with the
18Department of employment, discharge, or supervisory control of
19a genetic counselor at the time of employment, discharge, or
20assumption of supervision of a genetic counselor.
21    "Referral" means a written or telecommunicated
22authorization for genetic counseling services from a physician
23licensed to practice medicine in all its branches, an advanced
24practice nurse who has a collaborative agreement with a
25collaborating physician that authorizes referrals to a genetic
26counselor, or a physician assistant who has a supervision

 

 

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1agreement with a supervising physician that authorizes
2referrals to a genetic counselor.
3    "Secretary" means the Secretary of Financial and
4Professional Regulation.
5    "Supervision" means review of aspects of genetic
6counseling and case management in a bimonthly meeting with the
7person under supervision.
8(Source: P.A. 96-1313, eff. 7-27-10.)
 
9    (225 ILCS 135/20)
10    (Section scheduled to be repealed on January 1, 2015)
11    Sec. 20. Restrictions and limitations.
12    (a) Except Beginning 12 months after the adoption of the
13final administrative rules, except as provided in Section 15,
14no person shall, without a valid license as a genetic counselor
15issued by the Department (i) in any manner hold himself or
16herself out to the public as a genetic counselor under this
17Act; (ii) use in connection with his or her name or place of
18business the title "genetic counselor", "licensed genetic
19counselor", "gene counselor", "genetic consultant", or
20"genetic associate" or any words, letters, abbreviations, or
21insignia indicating or implying a person has met the
22qualifications for or has the license issued under this Act; or
23(iii) offer to render or render to individuals, corporations,
24or the public genetic counseling services if the words "genetic
25counselor" or "licensed genetic counselor" are used to describe

 

 

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1the person offering to render or rendering them, or "genetic
2counseling" is used to describe the services rendered or
3offered to be rendered.
4    (b) No Beginning 12 months after the adoption of the final
5administrative rules, no licensed genetic counselor may
6provide genetic counseling to individuals, couples, groups, or
7families without a referral from a physician licensed to
8practice medicine in all its branches, an advanced practice
9nurse who has a collaborative agreement with a collaborating
10physician that authorizes referrals to a genetic counselor, or
11a physician assistant who has been delegated authority to make
12referrals to genetic counselors. The physician, advanced
13practice nurse, or physician assistant shall maintain
14supervision of the patient and be provided timely written
15reports on the services, including genetic testing results,
16provided by the licensed genetic counselor. Genetic testing
17shall be ordered by a physician licensed to practice medicine
18in all its branches or a genetic counselor pursuant to a
19referral that gives the specific authority to order genetic
20tests. Genetic test results and reports shall be provided to
21the referring physician, advanced practice nurse, or physician
22assistant. General seminars or talks to groups or organizations
23on genetic counseling that do not include individual, couple,
24or family specific counseling may be conducted without a
25referral. In clinical settings, genetic counselors who serve as
26a liaison between family members of a patient and a genetic

 

 

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1research project, may, with the consent of the patient, provide
2information to family members for the purpose of gathering
3additional information, as it relates to the patient, without a
4referral. In non-clinical settings where no patient is being
5treated, genetic counselors who serve as a liaison between a
6genetic research project and participants in that genetic
7research project may provide information to the participants,
8without a referral.
9    (c) No Beginning 12 months after the adoption of the final
10administrative rules, no association or partnership shall
11practice genetic counseling unless every member, partner, and
12employee of the association or partnership who practices
13genetic counseling or who renders genetic counseling services
14holds a valid license issued under this Act. No license shall
15be issued to a corporation, the stated purpose of which
16includes or which practices or which holds itself out as
17available to practice genetic counseling, unless it is
18organized under the Professional Service Corporation Act.
19    (d) Nothing in this Act shall be construed as permitting
20persons licensed as genetic counselors to engage in any manner
21in the practice of medicine in all its branches as defined by
22law in this State.
23    (e) Nothing in this Act shall be construed to authorize a
24licensed genetic counselor to diagnose, test (unless
25authorized in a referral), or treat any genetic or other
26disease or condition.

 

 

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1    (f) When, in the course of providing genetic counseling
2services to any person, a genetic counselor licensed under this
3Act finds any indication of a disease or condition that in his
4or her professional judgment requires professional service
5outside the scope of practice as defined in this Act, he or she
6shall refer that person to a physician licensed to practice
7medicine in all of its branches.
8(Source: P.A. 96-1313, eff. 7-27-10.)
 
9    (225 ILCS 135/25)
10    (Section scheduled to be repealed on January 1, 2015)
11    Sec. 25. Unlicensed practice; violation; civil penalty.
12    (a) Any Beginning 12 months after the adoption of the final
13administrative rules, any person who practices, offers to
14practice, attempts to practice, or holds himself or herself out
15to practice as a genetic counselor without being licensed or
16exempt under this Act shall, in addition to any other penalty
17provided by law, pay a civil penalty to the Department in an
18amount not to exceed $10,000 $5,000 for each offense, as
19determined by the Department. Civil penalty shall be assessed
20by the Department after a hearing is held in accordance with
21the provisions set forth in this Act regarding the provision of
22a hearing for the discipline of a licensee.
23    (b) The Department may investigate any actual, alleged, or
24suspected unlicensed activity.
25    (c) The civil penalty shall be paid within 60 days after

 

 

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1the effective date of the order imposing the civil penalty. The
2order shall constitute a final judgment and may be filed and
3execution had thereon in the same manner as any judgment from
4any court of record.
5(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
 
6    (225 ILCS 135/45)
7    (Section scheduled to be repealed on January 1, 2015)
8    Sec. 45. Social Security Number on license application. In
9addition to any other information required to be contained in
10the application, every application for an original license
11under this Act shall include the applicant's Social Security
12Number, which shall be retained in the agency's records
13pertaining to the license. As soon as practical, the Department
14shall assign a customer's identification number to each
15applicant for a license.
16    Every application for a renewal, reinstated, or restored
17license shall require the applicant's customer identification
18number.
19(Source: P.A. 97-400, eff. 1-1-12.)
 
20    (225 ILCS 135/80)
21    (Section scheduled to be repealed on January 1, 2015)
22    Sec. 80. Checks or orders dishonored. Any person who issues
23or delivers a check or other order to the Department that is
24returned to the Department unpaid by the financial institution

 

 

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1upon which it is drawn shall pay to the Department, in addition
2to the amount already owed to the Department, a fine of $50.
3The fines imposed by this Section are in addition to any other
4discipline provided under this Act prohibiting unlicensed
5practice or practice on a nonrenewed license. The Department
6shall notify the person that payment of fees and fines shall be
7paid to the Department by certified check or money order within
830 calendar days after notification. If, after the expiration
9of 30 days from the date of the notification, the person has
10failed to submit the necessary remittance, the Department shall
11automatically terminate the license or certification or deny
12the application, without hearing. If, after termination or
13denial, the person seeks a license or certificate, he or she
14shall apply to the Department for restoration or issuance of
15the license or certificate and pay all fees and fines due to
16the Department. The Department may establish a fee for the
17processing of an application for restoration of a license to
18pay all costs and expenses of processing of this application.
19The Secretary Director may waive the fines due under this
20Section in individual cases where the Secretary Director finds
21that the fines would be unnecessarily burdensome.
22(Source: P.A. 93-1041, eff. 9-29-04.)
 
23    (225 ILCS 135/95)
24    (Section scheduled to be repealed on January 1, 2015)
25    Sec. 95. Grounds for discipline.

 

 

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1    (a) The Department may refuse to issue, renew, or may
2revoke, suspend, place on probation, reprimand, or take other
3disciplinary or non-disciplinary action as the Department
4deems appropriate, including the issuance of fines not to
5exceed $10,000 $1,000 for each violation, with regard to any
6license for any one or more of the following:
7        (1) Material misstatement in furnishing information to
8    the Department or to any other State agency.
9        (2) Violations or negligent or intentional disregard
10    of this Act, or any of its rules.
11        (3) Conviction by plea of guilty or nolo contendere,
12    finding of guilt, jury verdict, or entry of judgment or
13    sentencing, including, but not limited to, convictions,
14    preceding sentences of supervision, conditional discharge,
15    or first offender probation, under the laws of any
16    jurisdiction of the United States: (i) that is a felony or
17    (ii) that is a misdemeanor, an essential element of which
18    is dishonesty, or that is directly related to the practice
19    of genetic counseling. Conviction of any crime under the
20    laws of the United States or any state or territory thereof
21    that is a felony, a misdemeanor, an essential element of
22    which is dishonesty, or a crime that is directly related to
23    the practice of the profession.
24        (4) Making any misrepresentation for the purpose of
25    obtaining a license, or violating any provision of this Act
26    or its rules.

 

 

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1        (5) Negligence Gross negligence in the rendering of
2    genetic counseling services.
3        (6) Failure to provide genetic testing results and any
4    requested information to a referring physician licensed to
5    practice medicine in all its branches, advanced practice
6    nurse, or physician assistant.
7        (7) Aiding or assisting another person in violating any
8    provision of this Act or any rules.
9        (8) Failing to provide information within 60 days in
10    response to a written request made by the Department.
11        (9) Engaging in dishonorable, unethical, or
12    unprofessional conduct of a character likely to deceive,
13    defraud, or harm the public and violating the rules of
14    professional conduct adopted by the Department.
15        (10) Failing to maintain the confidentiality of any
16    information received from a client, unless otherwise
17    authorized or required by law.
18        (10.5) Failure to maintain client records of services
19    provided and provide copies to clients upon request.
20        (11) Exploiting a client for personal advantage,
21    profit, or interest.
22        (12) Habitual or excessive use or addiction to alcohol,
23    narcotics, stimulants, or any other chemical agent or drug
24    which results in inability to practice with reasonable
25    skill, judgment, or safety.
26        (13) Discipline by another governmental agency or unit

 

 

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1    of government, by any jurisdiction of the United States, or
2    by a foreign nation jurisdiction, if at least one of the
3    grounds for the discipline is the same or substantially
4    equivalent to those set forth in this Section.
5        (14) Directly or indirectly giving to or receiving from
6    any person, firm, corporation, partnership, or association
7    any fee, commission, rebate, or other form of compensation
8    for any professional service not actually rendered.
9    Nothing in this paragraph (14) affects any bona fide
10    independent contractor or employment arrangements among
11    health care professionals, health facilities, health care
12    providers, or other entities, except as otherwise
13    prohibited by law. Any employment arrangements may include
14    provisions for compensation, health insurance, pension, or
15    other employment benefits for the provision of services
16    within the scope of the licensee's practice under this Act.
17    Nothing in this paragraph (14) shall be construed to
18    require an employment arrangement to receive professional
19    fees for services rendered.
20        (15) A finding by the Department that the licensee,
21    after having the license placed on probationary status has
22    violated the terms of probation.
23        (16) Failing to refer a client to other health care
24    professionals when the licensee is unable or unwilling to
25    adequately support or serve the client.
26        (17) Willfully filing false reports relating to a

 

 

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1    licensee's practice, including but not limited to false
2    records filed with federal or State agencies or
3    departments.
4        (18) Willfully failing to report an instance of
5    suspected child abuse or neglect as required by the Abused
6    and Neglected Child Reporting Act.
7        (19) Being named as a perpetrator in an indicated
8    report by the Department of Children and Family Services
9    pursuant to the Abused and Neglected Child Reporting Act,
10    and upon proof by clear and convincing evidence that the
11    licensee has caused a child to be an abused child or
12    neglected child as defined in the Abused and Neglected
13    Child Reporting Act.
14        (20) Physical or mental disability, including
15    deterioration through the aging process or loss of
16    abilities and skills which results in the inability to
17    practice the profession with reasonable judgment, skill,
18    or safety.
19        (21) Solicitation of professional services by using
20    false or misleading advertising.
21        (22) Failure to file a return, or to pay the tax,
22    penalty of interest shown in a filed return, or to pay any
23    final assessment of tax, penalty or interest, as required
24    by any tax Act administered by the Illinois Department of
25    Revenue or any successor agency or the Internal Revenue
26    Service or any successor agency.

 

 

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1        (23) Fraud or making any misrepresentation in applying
2    for or procuring a license under this Act or in connection
3    with applying for renewal of a license under this Act. A
4    finding that licensure has been applied for or obtained by
5    fraudulent means.
6        (24) Practicing or attempting to practice under a name
7    other than the full name as shown on the license or any
8    other legally authorized name.
9        (25) Gross overcharging for professional services,
10    including filing statements for collection of fees or
11    monies for which services are not rendered.
12        (26) Providing genetic counseling services to
13    individuals, couples, groups, or families without a
14    referral from either a physician licensed to practice
15    medicine in all its branches, an advanced practice nurse
16    who has a collaborative agreement with a collaborating
17    physician that authorizes the advanced practice nurse to
18    make referrals to a genetic counselor, or a physician
19    assistant who has been delegated authority to make
20    referrals to genetic counselors.
21        (27) Charging for professional services not rendered,
22    including filing false statements for the collection of
23    fees for which services are not rendered.
24        (28) Allowing one's license under this Act to be used
25    by an unlicensed person in violation of this Act.
26    (b) The Department shall deny, without hearing, any

 

 

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1application or renewal for a license under this Act to any
2person who has defaulted on an educational loan guaranteed by
3the Illinois State Assistance Commission; however, the
4Department may issue a license or renewal if the person in
5default has established a satisfactory repayment record as
6determined by the Illinois Student Assistance Commission.
7    (c) The determination by a court that a licensee is subject
8to involuntary admission or judicial admission as provided in
9the Mental Health and Developmental Disabilities Code will
10result in an automatic suspension of his or her license. The
11suspension will end upon a finding by a court that the licensee
12is no longer subject to involuntary admission or judicial
13admission, the issuance of an order so finding and discharging
14the patient, and the determination of the Secretary Director
15that the licensee be allowed to resume professional practice.
16    (d) The Department may refuse to issue or renew or may
17suspend without hearing the license of any person who fails to
18file a return, to pay the tax penalty or interest shown in a
19filed return, or to pay any final assessment of the tax,
20penalty, or interest as required by any Act regarding the
21payment of taxes administered by the Illinois Department of
22Revenue until the requirements of the Act are satisfied in
23accordance with subsection (g) of Section 2105-15 of the Civil
24Administrative Code of Illinois.
25    (e) In cases where the Department of Healthcare and Family
26Services has previously determined that a licensee or a

 

 

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1potential licensee is more than 30 days delinquent in the
2payment of child support and has subsequently certified the
3delinquency to the Department, the Department may refuse to
4issue or renew or may revoke or suspend that person's license
5or may take other disciplinary action against that person based
6solely upon the certification of delinquency made by the
7Department of Healthcare and Family Services in accordance with
8item (5) of subsection (a) of Section 2105-15 of the Department
9of Professional Regulation Law of the Civil Administrative Code
10of Illinois.
11    (f) All fines or costs imposed under this Section shall be
12paid within 60 days after the effective date of the order
13imposing the fine or costs or in accordance with the terms set
14forth in the order imposing the fine.
15(Source: P.A. 96-1313, eff. 7-27-10; 96-1482, eff. 11-29-10;
1697-813, eff. 7-13-12.)
 
17    (225 ILCS 135/100)
18    (Section scheduled to be repealed on January 1, 2015)
19    Sec. 100. Violations; injunction; cease and desist order.
20    (a) If any person violates the provisions of this Act, the
21Secretary Director may, in the name of the People of the State
22of Illinois, through the Attorney General of the State of
23Illinois or the State's Attorney of any county in which the
24violation is alleged to have occurred, petition for an order
25enjoining the violation or for an order enforcing compliance

 

 

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1with this Act. Upon the filing of a verified petition, the
2court with appropriate jurisdiction may issue a temporary
3restraining order without notice or bond, and may preliminarily
4and permanently enjoin the violation. If it is established that
5the person has violated or is violating the injunction, the
6court may punish the offender for contempt of court.
7Proceedings under this Section are in addition to all other
8remedies and penalties provided by this Act.
9    (b) If any person holds himself or herself out as being a
10licensed genetic counselor under this Act and is not licensed
11to do so, then any licensed genetic counselor, interested
12party, or any person injured thereby may petition for relief as
13provided in subsection (a) of this Section.
14    (c) Whenever, in the opinion of the Department, a person
15violates any provision of this Act, the Department may issue a
16rule to show cause why an order to cease and desist should not
17be entered against that person. The rule shall clearly set
18forth the grounds relied upon by the Department and shall allow
19at least 7 days from the date of the rule to file an answer
20satisfactory to the Department. Failure to answer to the
21satisfaction of the Department shall cause an order to cease
22and desist to be issued.
23(Source: P.A. 93-1041, eff. 9-29-04.)
 
24    (225 ILCS 135/105)
25    (Section scheduled to be repealed on January 1, 2015)

 

 

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1    Sec. 105. Investigations; notice and hearing. The
2Department may investigate the actions of any applicant or any
3person holding or claiming to hold a license. The Department
4shall, before revoking, suspending, placing on probation,
5reprimanding, or taking any other disciplinary action under
6Section 95 of this Act, at least 30 days prior to the date set
7for the hearing, (i) notify the accused, in writing, of any
8charges made and the time and place for the hearing on the
9charges, (ii) direct him or her to file a written answer to the
10charges with the Department under oath within 20 days after
11service of the notice, and (iii) inform the accused that, if he
12or she fails to answer, default will be taken against him or
13her or that his or her license or certificate may be suspended,
14revoked, placed on probationary status, or other disciplinary
15action taken with regard to the license, including limiting the
16scope, nature, or extent of his or her practice, as the
17Department may deem proper. In case the person, after receiving
18notice, fails to file an answer, his or her license may, in the
19discretion of the Department, be suspended, revoked, placed on
20probationary status, or the Department may take whatever
21disciplinary action considered deemed proper, including
22limiting the scope, nature, or extent of the person's practice
23or the imposition of a fine, without a hearing, if the act or
24acts charged constitute sufficient grounds for such action
25under this Act. The written notice may be served by personal
26delivery or certified mail to the licensee's address of record

 

 

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1address specified by the accused in his or her last
2notification to the Department.
3(Source: P.A. 93-1041, eff. 9-29-04.)
 
4    (225 ILCS 135/110)
5    (Section scheduled to be repealed on January 1, 2015)
6    Sec. 110. Record of proceedings; transcript. The
7Department, at its expense, shall preserve a record of all
8proceedings at the formal hearing of any case. The notice of
9hearing, complaint, all other documents in the nature of
10pleadings, written motions filed in the proceedings, the
11transcript of testimony, the report of the hearing officer and
12orders of the Department shall be in the record of such
13proceeding. The Department shall furnish a transcript of the
14record to any person interested in the hearing upon payment of
15the fee required under Section 2105-115 of the Department of
16Professional Regulation Law of the Civil Administrative Code of
17Illinois.
18(Source: P.A. 93-1041, eff. 9-29-04.)
 
19    (225 ILCS 135/115)
20    (Section scheduled to be repealed on January 1, 2015)
21    Sec. 115. Subpoenas; depositions; oaths. The Department
22may has the power to subpoena and to bring before it any person
23in this State and to take the oral or written testimony or
24compel the production of any books, papers, records, or any

 

 

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1other documents that the Secretary or his or her designee deems
2relevant or material to any investigation or hearing conducted
3by the Department either orally or by deposition, or both, with
4the same fees and mileage and in the same manner as prescribed
5in civil cases in the courts of this State. The Secretary, the
6shorthand court reporter, Director and the designated hearing
7officer may has the power to administer oaths to witnesses at
8any hearing which the Department conducts is authorized to
9conduct, and any other oaths authorized in any Act administered
10by the Department. Notwithstanding any other statute or
11Department rule to the contrary, all requests for testimony and
12for the production of documents or records shall be in
13accordance with this Act.
14(Source: P.A. 93-1041, eff. 9-29-04.)
 
15    (225 ILCS 135/120)
16    (Section scheduled to be repealed on January 1, 2015)
17    Sec. 120. Compelling testimony. Any court, upon
18application of the Department, designated hearing officer, or
19the applicant or licensee against whom proceedings under
20Section 95 of this Act are pending, may enter an order
21requiring the attendance and testimony of witnesses and their
22testimony and the production of relevant documents, papers,
23files, books, and records in connection with any hearing or
24investigation. The court may compel obedience to its order by
25proceedings for contempt.

 

 

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1(Source: P.A. 93-1041, eff. 9-29-04.)
 
2    (225 ILCS 135/125)
3    (Section scheduled to be repealed on January 1, 2015)
4    Sec. 125. Findings and recommendations. At the conclusion
5of the hearing, the hearing officer shall present to the
6Secretary Director a written report of its findings of fact,
7conclusions of law, and recommendations. The report shall
8contain a finding whether the licensee violated this Act or
9failed to comply with the conditions required in this Act. The
10hearing officer shall specify the nature of the violation or
11failure to comply, and shall make its recommendations to the
12Secretary Director. The report of findings of fact, conclusions
13of law, and recommendation of the hearing officer shall be the
14basis for the Department's order for refusing to issue,
15restore, or renew a license, or for otherwise disciplining a
16licensee refusal or for the granting of the license. If the
17Secretary Director disagrees with the recommendations of the
18hearing officer, the Secretary Director may issue an order in
19contravention of the hearing officer's recommendations. The
20finding is not admissible in evidence against the person in a
21criminal prosecution brought for the violation of this Act, but
22the hearing and findings are not a bar to a criminal
23prosecution brought for the violation of this Act.
24(Source: P.A. 93-1041, eff. 9-29-04.)
 

 

 

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1    (225 ILCS 135/135)
2    (Section scheduled to be repealed on January 1, 2015)
3    Sec. 135. Secretary Director; rehearing. Whenever the
4Secretary Director believes justice has not been done in the
5revocation, suspension, or refusal to issue or renew a license
6or the discipline of a licensee, he or she may order a
7rehearing.
8(Source: P.A. 93-1041, eff. 9-29-04.)
 
9    (225 ILCS 135/140)
10    (Section scheduled to be repealed on January 1, 2015)
11    Sec. 140. Appointment of a hearing officer. The Secretary
12Director has the authority to appoint any attorney licensed to
13practice law in the State of Illinois to serve as the hearing
14officer in any action for refusal to issue or renew a license
15or permit or to discipline a licensee. The hearing officer has
16full authority to conduct the hearing. The hearing officer
17shall report his findings of fact, conclusions of law, and
18recommendations to the Secretary Director.
19(Source: P.A. 93-1041, eff. 9-29-04.)
 
20    (225 ILCS 135/145)
21    (Section scheduled to be repealed on January 1, 2015)
22    Sec. 145. Order or certified copy; prima facie proof. An
23order or certified copy thereof, over the seal of the
24Department and purporting to be signed by the Secretary

 

 

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1Director, is prima facie proof that:
2        (1) the signature is the genuine signature of the
3    Secretary Director; and
4        (2) the Secretary Director is duly appointed and
5    qualified.
6(Source: P.A. 93-1041, eff. 9-29-04.)
 
7    (225 ILCS 135/150)
8    (Section scheduled to be repealed on January 1, 2015)
9    Sec. 150. Restoration of license from discipline suspended
10or revoked license. At any time after the successful completion
11of a term of indefinite probation, suspension, or revocation of
12a license, the Department may restore the license to active
13status, unless, after an investigation and a hearing, the
14Secretary determines that restoration is not in the public
15interest. No person whose license has been revoked as
16authorized in this Act may apply for restoration of that
17license until such time as provided for in the Civil
18Administrative Code of Illinois. At any time after the
19suspension or revocation of any license, the Department may
20restore it to the licensee, unless after an investigation and
21hearing the Director determines that restoration is not in the
22public interest.
23(Source: P.A. 93-1041, eff. 9-29-04.)
 
24    (225 ILCS 135/160)

 

 

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1    (Section scheduled to be repealed on January 1, 2015)
2    Sec. 160. Summary suspension of license. The Secretary
3Director may summarily suspend the license of a genetic
4counselor without a hearing, simultaneously with the
5institution of proceedings for a hearing provided for in
6Section 105 of this Act, if the Secretary Director finds that
7the evidence in the possession of the Director indicates that
8the continuation of practice by the genetic counselor would
9constitute an imminent danger to the public. In the event that
10the Secretary Director summarily suspends the license of an
11individual without a hearing, a hearing must be held within 30
12days after the suspension has occurred and shall be concluded
13as expeditiously as possible.
14(Source: P.A. 93-1041, eff. 9-29-04.)
 
15    (225 ILCS 135/170)
16    (Section scheduled to be repealed on January 1, 2015)
17    Sec. 170. Certification of record; costs. The Department
18shall not be required to certify any record to the court, to
19file an answer in court, or to otherwise appear in any court in
20a judicial review proceeding, unless and until the Department
21has received from the plaintiff there is filed in the court,
22with the complaint, a receipt from the Department acknowledging
23payment of the costs of furnishing and certifying the record,
24which costs shall be determined by the Department. Failure on
25the part of the plaintiff to file the receipt in court is

 

 

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1grounds for dismissal of the action.
2(Source: P.A. 93-1041, eff. 9-29-04.)
 
3    (225 ILCS 135/180)
4    (Section scheduled to be repealed on January 1, 2015)
5    Sec. 180. Administrative Procedure Act; application. The
6Illinois Administrative Procedure Act is hereby expressly
7adopted and incorporated in this Act as if all of the
8provisions of such Act were included in this Act, except that
9the provision of paragraph (d) of Section 10-65 of the Illinois
10Administrative Procedure Act, which provides that at hearings
11the license holder has the right to show compliance with all
12lawful requirements for retention, continuation, or renewal of
13the certificate, is specifically excluded. For the purpose of
14this Act the notice required under Section 10-25 of the
15Illinois Administrative Procedure Act is deemed sufficient
16when mailed to the last known address of a party or the address
17of record.
18(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
 
19    (225 ILCS 135/190 new)
20    Sec. 190. Confidentiality. All information collected by
21the Department in the course of an examination or investigation
22of a licensee or applicant, including, but not limited to, any
23complaint against a licensee filed with the Department and
24information collected to investigate any such complaint, shall

 

 

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1be maintained for the confidential use of the Department and
2shall not be disclosed. The Department shall not disclose the
3information to anyone other than law enforcement officials,
4regulatory agencies that have an appropriate regulatory
5interest as determined by the Secretary, or a party presenting
6a lawful subpoena to the Department. Information and documents
7disclosed to a federal, State, county, or local law enforcement
8agency shall not be disclosed by the agency for any purpose to
9any other agency or person. A formal complaint filed against a
10licensee or registrant by the Department or any other complaint
11issued by the Department against a licensee, registrant, or
12applicant shall be a public record, except as otherwise
13prohibited by law.".