Illinois General Assembly - Full Text of SB2731
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Full Text of SB2731  103rd General Assembly



SB2731 EngrossedLRB103 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 Acts repealed on January 1, 2025.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8Acts are repealed on January 1, 2025: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 Acts repealed on January 1, 2030.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14Acts are repealed on January 1, 2030: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.



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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11    (Section scheduled to be repealed on January 1, 2025)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



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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



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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



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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



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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



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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",



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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



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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



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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



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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 license shall be issued to a business, the stated
16purpose of which includes or which practices or which holds
17itself out as available to practice genetic counseling, unless
18it is organized under the Professional Service Corporation Act
19or the Professional Limited Liability Company Act. No
20association or partnership shall practice genetic counseling
21unless every member, partner, and employee of the association
22or partnership who practices genetic counseling or who renders
23genetic counseling services holds a valid license issued under
24this Act. No license shall be issued to a corporation, the
25stated purpose of which includes or which practices or which
26holds itself out as available to practice genetic counseling,



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1unless it is organized under the Professional Service
2Corporation Act.
3    (c-1) Except as provided in Section 15, no business
4organized under the Professional Service Corporation Act may
5practice genetic counseling unless every owner, manager, and
6employee of the professional services corporation who renders
7genetic counseling services has received specialized training
8in genetic counseling and holds a valid license issued under
9this Act.
10    (c-2) Except as provided in Section 15, no business
11organized under the Professional Limited Liability Company Act
12shall practice genetic counseling unless every member,
13manager, and employee of the professional limited liability
14company who renders genetic counseling services has received
15specialized training in genetic counseling and holds a valid
16license issued under this Act. A person who is not licensed
17under this Act may be a member of such a professional limited
18liability company if the member does not engage in the
19practice of genetic counseling or render genetic counseling
21    (d) Nothing in this Act shall be construed as permitting
22persons licensed as genetic counselors to engage in any manner
23in the practice of medicine in all its branches as defined by
24law in this State.
25    (e) Nothing in this Act shall be construed to authorize a
26licensed genetic counselor to diagnose or treat any genetic or



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1other disease or condition.
2    (f) When, in the course of providing genetic counseling
3services to any person, a genetic counselor licensed under
4this Act finds any indication of a disease or condition that in
5the genetic counselor's his or her professional judgment
6requires professional service outside the scope of practice as
7defined in this Act, the genetic counselor he or she shall
8refer that person to a physician licensed to practice medicine
9in all of its branches.
10(Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15;
1199-633, eff. 1-1-17.)
12    (225 ILCS 135/25)
13    (Section scheduled to be repealed on January 1, 2025)
14    Sec. 25. Unlicensed practice; violation; civil penalty.
15    (a) Any person who practices, offers to practice, attempts
16to practice, or holds oneself himself or herself out to
17practice as a genetic counselor without being licensed or
18exempt under this Act shall, in addition to any other penalty
19provided by law, pay a civil penalty to the Department in an
20amount not to exceed $10,000 for each offense, as determined
21by the Department. Civil penalty shall be assessed by the
22Department after a hearing is held in accordance with the
23provisions set forth in this Act regarding the provision of a
24hearing for the discipline of a licensee.
25    (b) The Department may investigate any actual, alleged, or



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1suspected unlicensed activity.
2    (c) The civil penalty shall be paid within 60 days after
3the effective date of the order imposing the civil penalty.
4The order shall constitute a final judgment and may be filed
5and execution had thereon in the same manner as any judgment
6from any court of record.
7(Source: P.A. 98-813, eff. 1-1-15.)
8    (225 ILCS 135/30)
9    (Section scheduled to be repealed on January 1, 2025)
10    Sec. 30. Powers and duties of the Department. Subject to
11the provisions of this Act, the Department may:
12        (a) authorize examinations to ascertain the
13    qualifications and fitness of applicants for licensing as
14    genetic counselors and pass upon the qualifications of
15    applicants for licensure by endorsement;
16        (b) conduct hearings on proceedings to refuse to issue
17    or renew or to revoke licenses or suspend, place on
18    probation, censure, or reprimand persons licensed under
19    this Act, and to refuse to issue or renew or to revoke
20    licenses, or suspend, place on probation, censure, or
21    reprimand persons licensed under this Act;
22        (c) adopt rules necessary for the administration of
23    this Act; and
24        (d) (blank). maintain rosters of the names and
25    addresses of all licensees and all persons whose licenses



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1    have been suspended, revoked, or denied. These rosters
2    shall be available upon written request and payment of the
3    required fee.
4(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
5    (225 ILCS 135/40)
6    (Section scheduled to be repealed on January 1, 2025)
7    Sec. 40. Application for original license. Applications
8for original licenses shall be made to the Department on forms
9or electronically as prescribed by the Department and
10accompanied by the required fee, which is not refundable. All
11applications shall contain such information that, in the
12judgment of the Department, will enable the Department to pass
13on the qualifications of the applicant for a license to
14practice as a genetic counselor.
15    If an applicant fails to obtain a license under this Act
16within 3 years after filing an his or her application, the
17application shall be denied. The applicant may make a new
18application, which shall be accompanied by the required
19nonrefundable fee. The applicant shall be required to meet the
20qualifications required for licensure at the time of
22(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
23    (225 ILCS 135/45)
24    (Section scheduled to be repealed on January 1, 2025)



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1    Sec. 45. Social Security Number or individual taxpayer
2identification number on license application. In addition to
3any other information required to be contained in the
4application, every application for an original license under
5this Act shall include the applicant's Social Security Number
6or individual taxpayer identification number, which shall be
7retained in the agency's records pertaining to the license. As
8soon as practical, the Department shall assign a customer's
9identification number to each applicant for a license.
10    Every application for a renewal, reinstated, or restored
11license shall require the applicant's customer identification
13(Source: P.A. 97-400, eff. 1-1-12; 98-813, eff. 1-1-15.)
14    (225 ILCS 135/50)
15    (Section scheduled to be repealed on January 1, 2025)
16    Sec. 50. Examination.
17    (a) Applicants for genetic counseling licensure must
18provide evidence that they have successfully completed the
19certification examination provided by the ABGC or ABMGG ABMG,
20if they are master's degree trained genetic counselors, or the
21ABMGG ABMG, if they are PhD trained medical geneticists; or
22successfully completed the examination provided by the
23successor agencies of the ABGC or ABMGG ABMG. The examinations
24shall be of a character to fairly test the competence and
25qualifications of the applicants to practice genetic



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2     (b) (Blank).
3(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
4    (225 ILCS 135/55)
5    (Section scheduled to be repealed on January 1, 2025)
6    Sec. 55. Qualifications for licensure. A person shall be
7qualified for licensure as a genetic counselor and the
8Department may issue a license if that person:
9        (1) has applied in writing or electronically in form
10    and substance satisfactory to the Department; is at least
11    21 years of age;
12        (2) has not engaged in conduct or activities which
13    would constitute grounds for discipline under this Act;
14        (3) (i) has successfully completed a Master's degree
15    in genetic counseling from an ABGC or ABMGG ABMG
16    accredited training program or an equivalent program
17    approved by the ABGC or the ABMGG ABMG or (ii) is a
18    physician licensed to practice medicine in all its
19    branches or (iii) has a doctoral degree and has
20    successfully completed an ABMGG ABMG accredited medical
21    genetics training program or an equivalent program
22    approved by the ABMGG ABMG;
23        (4) has successfully completed an examination provided
24    by the ABGC or its successor, the ABMGG ABMG or its
25    successor, or a substantially equivalent examination



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1    approved by the Department;
2        (5) has paid the fees required by rule;
3        (6) has met the requirements for certification set
4    forth by the ABGC or its successor or the ABMGG ABMG or its
5    successor; and
6        (7) has met any other requirements established by
7    rule.
8(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
9    (225 ILCS 135/60)
10    (Section scheduled to be repealed on January 1, 2025)
11    Sec. 60. Temporary licensure. A temporary license may be
12issued to an individual who has made application to the
13Department, has submitted evidence to the Department of
14admission to the certifying examination administered by the
15ABGC or the ABMGG ABMG or either of its successor agencies, has
16met all of the requirements for licensure in accordance with
17Section 55 of this Act, except the examination requirement of
18item (4) of Section 55 of this Act, and has met any other
19condition established by rule. The holder of a temporary
20license shall practice only under the supervision of a
21qualified supervisor and may not have the authority to order
22genetic tests. Nothing in this Section prohibits an applicant
23from re-applying for a temporary license if the applicant he
24or she meets the qualifications of this Section.
25(Source: P.A. 96-1313, eff. 7-27-10.)



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1    (225 ILCS 135/65)
2    (Section scheduled to be repealed on January 1, 2025)
3    Sec. 65. Licenses; renewal; restoration; person in
4military service; inactive status.
5    (a) The expiration date and renewal period for each
6license issued under this Act shall be set by rule. As a
7condition of renewal of a license, a licensee must complete
8continuing education requirements established by rule of the
10    (b) Any person who has permitted a license to expire or who
11has a license on inactive status may have it restored by
12submitting an application to the Department and filing proof
13of fitness, as defined by rule, to have the license restored,
14including, if appropriate, evidence which is satisfactory to
15the Department certifying the active practice of genetic
16counseling in another jurisdiction, and by paying the required
18    (c) If the person has not maintained an active practice in
19another jurisdiction that is satisfactory to the Department,
20the Department shall determine the person's fitness to resume
21active status. The Department may also require the person to
22complete a specific period of evaluated genetic counseling
23work experience under the supervision of a qualified
24supervisor and may require demonstration of completion of
25continuing education requirements.



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1    (d) Any person whose license expired while on active duty
2with the armed forces of the United States, while called into
3service or training with the State Militia, or while in
4training or education under the supervision of the United
5States government prior to induction into military service may
6have the his license restored without paying any renewal fees
7if, within 2 years after the termination of such service,
8training, or education, except under conditions other than
9honorable, the Department is furnished with satisfactory
10evidence that the person has been so engaged and that such
11service, training, or education has been so terminated.
12    (e) A license to practice shall not be denied any
13applicant because of the applicant's race, religion, creed,
14national origin, political beliefs or activities, age, sex, or
15physical impairment.
16(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
17    (225 ILCS 135/73)
18    (Section scheduled to be repealed on January 1, 2025)
19    Sec. 73. Inactive status. A person licensed under this Act
20who notifies the Department in writing on forms or
21electronically as prescribed by the Department may elect to
22place the his or her license on inactive status and shall,
23subject to rule of the Department, be excused from payment of
24renewal fees until that person he or she notifies the
25Department, in writing, of that person's his or her desire to



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1resume active status.
2    A person requesting restoration from inactive status shall
3be required to pay the current renewal fee and shall be
4required to restore the his or her license as provided by ,
5pursuant to Section 65 of this Act.
6    Practice by an individual whose license is on inactive
7status shall be considered to be the unlicensed practice of
8genetic counseling and shall be grounds for discipline under
9this Act.
10(Source: P.A. 94-661, eff. 1-1-06.)
11    (225 ILCS 135/80)
12    (Section scheduled to be repealed on January 1, 2025)
13    Sec. 80. Checks or orders dishonored. Any person who
14issues or delivers a check or other order to the Department
15that is returned to the Department unpaid by the financial
16institution upon which it is drawn shall pay to the
17Department, in addition to the amount already owed to the
18Department, a fine of $50. The fines imposed by this Section
19are in addition to any other discipline provided under this
20Act prohibiting unlicensed practice or practice on a
21nonrenewed license. The Department shall notify the person
22that payment of fees and fines shall be paid to the Department
23by certified check or money order within 30 calendar days
24after notification. If, after the expiration of 30 days from
25the date of the notification, the person has failed to submit



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1the necessary remittance, the Department shall automatically
2terminate the license or certification or deny the
3application, without hearing. If, after termination or denial,
4the person seeks a license or certificate, the person he or she
5shall apply to the Department for restoration or issuance of
6the license or certificate and pay all fees and fines due to
7the Department. The Department may establish a fee for the
8processing of an application for restoration of a license to
9pay all costs and expenses of processing of this application.
10The Secretary may waive the fines due under this Section in
11individual cases where the Secretary finds that the fines
12would be unnecessarily burdensome.
13(Source: P.A. 98-813, eff. 1-1-15.)
14    (225 ILCS 135/85)
15    (Section scheduled to be repealed on January 1, 2025)
16    Sec. 85. Endorsement. The Department may issue a license
17as a genetic counselor, without administering the required
18examination, to an applicant licensed under the laws of
19another state, a U.S. territory, or another country if the
20requirements for licensure in that state, U.S. territory, or
21country are, on the date of licensure, substantially equal to
22the requirements of this Act or to a person who, at the time of
23his or her application for licensure, possesses individual
24qualifications that are substantially equivalent to the
25requirements of this Act. An applicant under this Section



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1shall pay all of the required fees.
2    An applicant shall have 3 years from the date of
3application to complete the application process. If the
4process has not been completed within the 3-year time period,
5the application shall be denied, the fee shall be forfeited,
6and the applicant shall be required to reapply and meet the
7requirements in effect at the time of reapplication.
8(Source: P.A. 93-1041, eff. 9-29-04; 94-661, eff. 1-1-06.)
9    (225 ILCS 135/95)
10    (Section scheduled to be repealed on January 1, 2025)
11    Sec. 95. Grounds for discipline.
12    (a) The Department may refuse to issue, renew, or may
13revoke, suspend, place on probation, reprimand, or take other
14disciplinary or non-disciplinary action as the Department
15deems appropriate, including the issuance of fines not to
16exceed $10,000 for each violation, with regard to any license
17for any one or more of the following:
18        (1) Material misstatement in furnishing information to
19    the Department or to any other State agency.
20        (2) Violations or negligent or intentional disregard
21    of this Act, or any of its rules.
22        (3) Conviction by plea of guilty or nolo contendere,
23    finding of guilt, jury verdict, or entry of judgment or
24    sentencing, including, but not limited to, convictions,
25    preceding sentences of supervision, conditional discharge,



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1    or first offender probation, under the laws of any
2    jurisdiction of the United States: (i) that is a felony or
3    (ii) that is a misdemeanor, an essential element of which
4    is dishonesty, or that is directly related to the practice
5    of genetic counseling.
6        (4) Making any misrepresentation for the purpose of
7    obtaining a license, or violating any provision of this
8    Act or its rules.
9        (5) Negligence in the rendering of genetic counseling
10    services.
11        (6) Failure to provide genetic testing results and any
12    requested information to a referring physician licensed to
13    practice medicine in all its branches, advanced practice
14    registered nurse, or physician assistant.
15        (7) Aiding or assisting another person in violating
16    any provision of this Act or any rules.
17        (8) Failing to provide information within 60 days in
18    response to a written request made by the Department.
19        (9) Engaging in dishonorable, unethical, or
20    unprofessional conduct of a character likely to deceive,
21    defraud, or harm the public and violating the rules of
22    professional conduct adopted by the Department.
23        (10) Failing to maintain the confidentiality of any
24    information received from a client, unless otherwise
25    authorized or required by law.
26        (10.5) Failure to maintain client records of services



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1    provided and provide copies to clients upon request.
2        (11) Exploiting a client for personal advantage,
3    profit, or interest.
4        (12) Habitual or excessive use or addiction to
5    alcohol, narcotics, stimulants, or any other chemical
6    agent or drug which results in inability to practice with
7    reasonable skill, judgment, or safety.
8        (13) Discipline by another governmental agency or unit
9    of government, by any jurisdiction of the United States,
10    or by a foreign nation, if at least one of the grounds for
11    the discipline is the same or substantially equivalent to
12    those set forth in this Section.
13        (14) Directly or indirectly giving to or receiving
14    from any person, firm, corporation, partnership, or
15    association any fee, commission, rebate, or other form of
16    compensation for any professional service not actually
17    rendered. Nothing in this paragraph (14) affects any bona
18    fide independent contractor or employment arrangements
19    among health care professionals, health facilities, health
20    care providers, or other entities, except as otherwise
21    prohibited by law. Any employment arrangements may include
22    provisions for compensation, health insurance, pension, or
23    other employment benefits for the provision of services
24    within the scope of the licensee's practice under this
25    Act. Nothing in this paragraph (14) shall be construed to
26    require an employment arrangement to receive professional



SB2731 Engrossed- 26 -LRB103 35606 SPS 65679 b

1    fees for services rendered.
2        (15) A finding by the Department that the licensee,
3    after having the license placed on probationary status,
4    has violated the terms of probation.
5        (16) Failing to refer a client to other health care
6    professionals when the licensee is unable or unwilling to
7    adequately support or serve the client.
8        (17) Willfully filing false reports relating to a
9    licensee's practice, including, but not limited to, false
10    records filed with federal or State agencies or
11    departments.
12        (18) Willfully failing to report an instance of
13    suspected child abuse or neglect as required by the Abused
14    and Neglected Child Reporting Act.
15        (19) Being named as a perpetrator in an indicated
16    report by the Department of Children and Family Services
17    pursuant to the Abused and Neglected Child Reporting Act,
18    and upon proof by clear and convincing evidence that the
19    licensee has caused a child to be an abused child or
20    neglected child as defined in the Abused and Neglected
21    Child Reporting Act.
22        (20) Physical or mental disability, including
23    deterioration through the aging process or loss of
24    abilities and skills which results in the inability to
25    practice the profession with reasonable judgment, skill,
26    or safety.



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1        (21) Solicitation of professional services by using
2    false or misleading advertising.
3        (22) Failure to file a return, or to pay the tax,
4    penalty of interest shown in a filed return, or to pay any
5    final assessment of tax, penalty or interest, as required
6    by any tax Act administered by the Illinois Department of
7    Revenue or any successor agency or the Internal Revenue
8    Service or any successor agency.
9        (23) Fraud or making any misrepresentation in applying
10    for or procuring a license under this Act or in connection
11    with applying for renewal of a license under this Act.
12        (24) Practicing or attempting to practice under a name
13    other than the full name as shown on the license or any
14    other legally authorized name.
15        (25) Gross overcharging for professional services,
16    including filing statements for collection of fees or
17    moneys monies for which services are not rendered.
18        (26) (Blank).
19        (27) Charging for professional services not rendered,
20    including filing false statements for the collection of
21    fees for which services are not rendered.
22        (28) Allowing one's license under this Act to be used
23    by an unlicensed person in violation of this Act.
24    (b) (Blank).
25    (b-5) The Department shall not revoke, suspend, summarily
26suspend, place on prohibition, reprimand, refuse to issue or



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1renew, or take any other disciplinary or non-disciplinary
2action against the license or permit issued under this Act to
3practice as a genetic counselor based solely upon the genetic
4counselor authorizing, recommending, aiding, assisting,
5referring for, or otherwise participating in any health care
6service, so long as the care was not unlawful under the laws of
7this State, regardless of whether the patient was a resident
8of this State or another state.
9    (b-10) The Department shall not revoke, suspend, summarily
10suspend, place on prohibition, reprimand, refuse to issue or
11renew, or take any other disciplinary or non-disciplinary
12action against the license or permit issued under this Act to
13practice as a genetic counselor based upon the genetic
14counselor's license being revoked or suspended, or the genetic
15counselor being otherwise disciplined by any other state, if
16that revocation, suspension, or other form of discipline was
17based solely on the genetic counselor violating another
18state's laws prohibiting the provision of, authorization of,
19recommendation of, aiding or assisting in, referring for, or
20participation in any health care service if that health care
21service as provided would not have been unlawful under the
22laws of this State and is consistent with the standards of
23conduct for the genetic counselor if it occurred in Illinois.
24    (b-15) The conduct specified in subsections (b-5) and
25(b-10) shall not constitute grounds for suspension under
26Section 160.



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1    (b-20) An applicant seeking licensure, certification, or
2authorization pursuant to this Act who has been subject to
3disciplinary action by a duly authorized professional
4disciplinary agency of another jurisdiction solely on the
5basis of having authorized, recommended, aided, assisted,
6referred for, or otherwise participated in health care shall
7not be denied such licensure, certification, or authorization,
8unless the Department determines that such action would have
9constituted professional misconduct in this State; however,
10nothing in this Section shall be construed as prohibiting the
11Department from evaluating the conduct of such applicant and
12making a determination regarding the licensure, certification,
13or authorization to practice a profession under this Act.
14    (c) The determination by a court that a licensee is
15subject to involuntary admission or judicial admission as
16provided in the Mental Health and Developmental Disabilities
17Code will result in an automatic suspension of the his or her
18license. The suspension will end upon a finding by a court that
19the licensee is no longer subject to involuntary admission or
20judicial admission, the issuance of an order so finding and
21discharging the patient, and the determination of the
22Secretary that the licensee be allowed to resume professional
24    (d) The Department may refuse to issue or renew or may
25suspend without hearing the license of any person who fails to
26file a return, to pay the tax penalty or interest shown in a



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1filed return, or to pay any final assessment of the tax,
2penalty, or interest as required by any Act regarding the
3payment of taxes administered by the Illinois Department of
4Revenue until the requirements of the Act are satisfied in
5accordance with subsection (g) of Section 2105-15 of the Civil
6Administrative Code of Illinois.
7    (e) In cases where the Department of Healthcare and Family
8Services has previously determined that a licensee or a
9potential licensee is more than 30 days delinquent in the
10payment of child support and has subsequently certified the
11delinquency to the Department, the Department may refuse to
12issue or renew or may revoke or suspend that person's license
13or may take other disciplinary action against that person
14based solely upon the certification of delinquency made by the
15Department of Healthcare and Family Services in accordance
16with item (5) of subsection (a) of Section 2105-15 of the
17Department of Professional Regulation Law of the Civil
18Administrative Code of Illinois.
19    (f) All fines or costs imposed under this Section shall be
20paid within 60 days after the effective date of the order
21imposing the fine or costs or in accordance with the terms set
22forth in the order imposing the fine.
23    (g) The Department may adopt rules to implement the
24changes made by this amendatory Act of the 102nd General
26(Source: P.A. 102-1117, eff. 1-13-23.)



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1    (225 ILCS 135/100)
2    (Section scheduled to be repealed on January 1, 2025)
3    Sec. 100. Violations; injunction; cease and desist order.
4    (a) If any person violates the provisions of this Act, the
5Secretary may, in the name of the People of the State of
6Illinois, through the Attorney General of the State of
7Illinois or the State's Attorney of any county in which the
8violation is alleged to have occurred, petition for an order
9enjoining the violation or for an order enforcing compliance
10with this Act. Upon the filing of a verified petition, the
11court with appropriate jurisdiction may issue a temporary
12restraining order without notice or bond, and may
13preliminarily and permanently enjoin the violation. If it is
14established that the person has violated or is violating the
15injunction, the court may punish the offender for contempt of
16court. Proceedings under this Section are in addition to all
17other remedies and penalties provided by this Act.
18    (b) If any person holds oneself himself or herself out as
19being a licensed genetic counselor under this Act and is not
20licensed to do so, then any licensed genetic counselor,
21interested party, or any person injured thereby may petition
22for relief as provided in subsection (a) of this Section.
23    (c) Whenever, in the opinion of the Department, a person
24violates any provision of this Act, the Department may issue a
25rule to show cause why an order to cease and desist should not



SB2731 Engrossed- 32 -LRB103 35606 SPS 65679 b

1be entered against that person. The rule shall clearly set
2forth the grounds relied upon by the Department and shall
3allow at least 7 days from the date of the rule to file an
4answer satisfactory to the Department. Failure to answer to
5the satisfaction of the Department shall cause an order to
6cease and desist to be issued.
7(Source: P.A. 98-813, eff. 1-1-15.)
8    (225 ILCS 135/105)
9    (Section scheduled to be repealed on January 1, 2025)
10    Sec. 105. Investigations; notice and hearing. The
11Department may investigate the actions of any applicant or any
12person holding or claiming to hold a license. The Department
13shall, before revoking, suspending, placing on probation,
14reprimanding, or taking any other disciplinary action under
15Section 95 of this Act, at least 30 days prior to the date set
16for the hearing, (i) notify the accused, in writing, of any
17charges made and the time and place for the hearing on the
18charges, (ii) direct the accused him or her to file a written
19answer to the charges with the Department under oath within 20
20days after service of the notice, and (iii) inform the accused
21that, if the accused he or she fails to answer, a default
22judgment will be entered taken against the accused him or her
23or that the his or her license or certificate may be suspended,
24revoked, placed on probationary status, or other disciplinary
25action taken with regard to the license, including limiting



SB2731 Engrossed- 33 -LRB103 35606 SPS 65679 b

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



SB2731 Engrossed- 34 -LRB103 35606 SPS 65679 b

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



SB2731 Engrossed- 35 -LRB103 35606 SPS 65679 b

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



SB2731 Engrossed- 36 -LRB103 35606 SPS 65679 b

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



SB2731 Engrossed- 37 -LRB103 35606 SPS 65679 b

1(Source: P.A. 98-813, eff. 1-1-15.)



SB2731 Engrossed- 38 -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 Engrossed- 39 -LRB103 35606 SPS 65679 b

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