(225 ILCS 135/10)
(Section scheduled to be repealed on January 1, 2015)
Sec. 10.
Definitions.
As used in this Act:
"ABGC" means the American Board of Genetic Counseling.
"ABMG" means the American Board of Medical Genetics.
"Active candidate status" is awarded to applicants who
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| have received approval from the ABGC or ABMG to sit for their respective certification examinations. |
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"Department" means the Department of Professional Regulation.
"Director" means the Director of Professional Regulation.
"Genetic anomaly" means a variation in an individual's |
| DNA that has been shown to confer a genetically influenced disease or predisposition to a genetically influenced disease or makes a person a carrier of such variation. A "carrier" of a genetic anomaly means a person who may or may not have a predisposition or risk of incurring a genetically influenced condition and who is at risk of having offspring with a genetically influenced condition. |
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"Genetic counseling" means the provision of services, which may include the ordering of genetic tests, pursuant to a referral, to individuals, couples, groups, families, and organizations by one or more appropriately trained individuals to address the physical and psychological issues associated with the occurrence or risk of occurrence or recurrence of a genetic disorder, birth defect, disease, or potentially inherited or genetically influenced condition in an individual or a family. "Genetic counseling" consists of the following:
(A) Estimating the likelihood of occurrence or |
| recurrence of a birth defect or of any potentially inherited or genetically influenced condition. This assessment may involve: |
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(i) obtaining and analyzing a complete health |
| history of the person and his or her family; |
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(ii) reviewing pertinent medical records;
(iii) evaluating the risks from exposure to |
| possible mutagens or teratogens; |
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(iv) recommending genetic testing or other |
| evaluations to diagnose a condition or determine the carrier status of one or more family members; |
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(B) Helping the individual, family, health care |
| provider, or health care professional (i) appreciate the medical, psychological and social implications of a disorder, including its features, variability, usual course and management options, (ii) learn how genetic factors contribute to the disorder and affect the chance for recurrence of the condition in other family members, and (iii) understand available options for coping with, preventing, or reducing the chance of occurrence or recurrence of a condition. |
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(C) Facilitating an individual's or family's (i) |
| exploration of the perception of risk and burden associated with the disorder and (ii) adjustment and adaptation to the condition or their genetic risk by addressing needs for psychological, social, and medical support. |
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"Genetic counselor" means a person licensed under this Act to engage in the practice of genetic counseling.
"Genetic testing" and "genetic test" mean a test or analysis of human genes, gene products, DNA, RNA, chromosomes, proteins, or metabolites that detects genotypes, mutations, chromosomal changes, abnormalities, or deficiencies, including carrier status, that (i) are linked to physical or mental disorders or impairments, (ii) indicate a susceptibility to illness, disease, impairment, or other disorders, whether physical or mental, or (iii) demonstrate genetic or chromosomal damage due to environmental factors. "Genetic testing" and "genetic tests" do not include routine physical measurements; chemical, blood and urine analyses that are widely accepted and in use in clinical practice; tests for use of drugs; tests for the presence of the human immunodeficiency virus; analyses of proteins or metabolites that do not detect genotypes, mutations, chromosomal changes, abnormalities, or deficiencies; or analyses of proteins or metabolites that are directly related to a manifested disease, disorder, or pathological condition that could reasonably be detected by a health care professional with appropriate training and expertise in the field of medicine involved.
"Person" means an individual, association, partnership, or corporation.
"Qualified supervisor" means any person who is a licensed |
| genetic counselor, as defined by rule, or a physician licensed to practice medicine in all its branches. A qualified supervisor may be provided at the applicant's place of work, or may be contracted by the applicant to provide supervision. The qualified supervisor shall file written documentation with the Department of employment, discharge, or supervisory control of a genetic counselor at the time of employment, discharge, or assumption of supervision of a genetic counselor. |
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"Referral" means a written or telecommunicated authorization for genetic counseling services from a physician licensed to practice medicine in all its branches, an advanced practice nurse who has a collaborative agreement with a collaborating physician that authorizes referrals to a genetic counselor, or a physician assistant who has a supervision agreement with a supervising physician that authorizes referrals to a genetic counselor.
"Supervision" means review of aspects of genetic |
| counseling and case management in a bimonthly meeting with the person under supervision. |
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(Source: P.A. 96‑1313, eff. 7‑27‑10.) |
(225 ILCS 135/30)
(Section scheduled to be repealed on January 1, 2015)
Sec. 30.
Powers and duties of the Department. Subject to the provisions of this Act, the Department may:
(a) authorize examinations to ascertain the
| qualifications and fitness of applicants for licensing as genetic counselors and pass upon the qualifications of applicants for licensure by endorsement; | |
(b) conduct hearings on proceedings to refuse to |
| issue or renew or to revoke licenses or suspend, place on probation, censure, or reprimand persons licensed under this Act, and to refuse to issue or renew or to revoke licenses, or suspend, place on probation, censure, or reprimand persons licensed under this Act; | |
(c) adopt rules necessary for the administration of |
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(d) maintain rosters of the names and addresses of |
| all licensees and all persons whose licenses have been suspended, revoked, or denied. These rosters shall be available upon written request and payment of the required fee. | |
(Source: P.A. 93‑1041, eff. 9‑29‑04; 94‑661, eff. 1‑1‑06.) |
(225 ILCS 135/55)
(Section scheduled to be repealed on January 1, 2015)
Sec. 55.
Qualifications for licensure.
A person shall be qualified for licensure as a genetic counselor and the Department may issue a license if that person:
(1) has applied in writing in form and substance
| satisfactory to the Department; is at least 21 years of age; | |
(2) has not engaged in conduct or activities which |
| would constitute grounds for discipline under this Act; | |
(3) (i) has successfully completed a Master's degree |
| in genetic counseling from an ABGC or ABMG accredited training program or an equivalent program approved by the ABGC or the ABMG or (ii) is a physician licensed to practice medicine in all its branches or (iii) has a doctoral degree and has successfully completed an ABMG accredited medical genetics training program or an equivalent program approved by the ABMG; | |
(4) has successfully completed an examination |
| provided by the ABGC or its successor, the ABMG or its successor, or a substantially equivalent examination approved by the Department; | |
(5) has paid the fees required by rule;
(6) has met the requirements for certification set |
| forth by the ABGC or its successor or the ABMG or its successor; and | |
(7) has met any other requirements established by |
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(Source: P.A. 93‑1041, eff. 9‑29‑04; 94‑661, eff. 1‑1‑06.) |
(225 ILCS 135/90)
(Section scheduled to be repealed on January 1, 2015)
Sec. 90.
Privileged communications and exceptions.
(a) With the exception of disclosure to the physician performing or supervising a genetic test and to the referring physician licensed to practice medicine in all its branches, advanced practice nurse, or physician assistant, no licensed genetic counselor shall disclose any information acquired from persons consulting the counselor in a professional capacity, except that which may be voluntarily disclosed under any of the following circumstances:
(1) In the course of formally reporting, conferring,
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| or consulting with administrative superiors, colleagues, or consultants who share professional responsibility, in which instance all recipients of the information are similarly bound to regard the communication as privileged. |
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(2) With the written consent of the person who |
| provided the information and about whom the information concerns. |
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(3) In the case of death or disability, with the |
| written consent of a personal representative. |
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(4) When a communication reveals the intended |
| commission of a crime or harmful act and such disclosure is judged necessary in the professional judgment of the licensed genetic counselor to protect any person from a clear risk of serious mental or physical harm or injury or to forestall a serious threat to the public safety. |
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(5) When the person waives the privilege by bringing |
| any public charges or filing a lawsuit against the licensee. |
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(b) Any person having access to records or anyone who |
| participates in providing genetic counseling services, or in providing any human services, or is supervised by a licensed genetic counselor is similarly bound to regard all information and communications as privileged in accord with this Section. |
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(c) The Mental Health and Developmental Disabilities |
| Confidentiality Act is incorporated herein as if all of its provisions were included in this Act. In the event of a conflict between the application of this Section and the Mental Health and Developmental Disabilities Confidentiality Act to a specific situation, the provisions of the Mental Health and Developmental Disabilities Confidentiality Act shall control. |
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(Source: P.A. 96‑1313, eff. 7‑27‑10.) |
(225 ILCS 135/95)
(Section scheduled to be repealed on January 1, 2015)
Sec. 95.
Grounds for discipline.
(a) The Department may refuse to issue, renew, or may
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| revoke, suspend, place on probation, reprimand, or take other disciplinary action as the Department deems appropriate, including the issuance of fines not to exceed $1,000 for each violation, with regard to any license for any one or more of the following: |
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(1) Material misstatement in furnishing information |
| to the Department or to any other State agency. |
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(2) Violations or negligent or intentional disregard |
| of this Act, or any of its rules. |
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(3) Conviction of any crime under the laws of the |
| United States or any state or territory thereof that is a felony, a misdemeanor, an essential element of which is dishonesty, or a crime that is directly related to the practice of the profession. |
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(4) Making any misrepresentation for the purpose of |
| obtaining a license, or violating any provision of this Act or its rules. |
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(5) Gross negligence in the rendering of genetic |
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(6) Failure to provide genetic testing results and |
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