(225 ILCS 135/95)
(Section scheduled to be repealed on January 1, 2025)
Sec. 95. Grounds for discipline.
(a) The Department may refuse to issue, renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary or non-disciplinary action as the Department deems appropriate, including the issuance of fines not to exceed $10,000 for each violation, with regard to any license for any one or more of the following:
(1) Material misstatement in furnishing information
to the Department or to any other State agency.
(2) Violations or negligent or intentional disregard
of this Act, or any of its rules.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or sentencing, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States: (i) that is a felony or (ii) that is a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of genetic counseling.
(4) Making any misrepresentation for the purpose of
obtaining a license, or violating any provision of this Act or its rules.
(5) Negligence in the rendering of genetic counseling
services.
(6) Failure to provide genetic testing results and
any requested information to a referring physician licensed to practice medicine in all its branches, advanced practice nurse, or physician assistant.
(7) Aiding or assisting another person in
violating any provision of this Act or any rules.
(8) Failing to provide information within 60 days in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive, defraud, or harm the public and violating the rules of professional conduct adopted by the Department.
(10) Failing to maintain the confidentiality of any
information received from a client, unless otherwise authorized or required by law.
(10.5) Failure to maintain client records of
services provided and provide copies to clients upon request.
(11) Exploiting a client for personal advantage,
profit, or interest.
(12) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical agent or drug which results in inability to practice with reasonable skill, judgment, or safety.
(13) Discipline by another governmental agency or
unit of government, by any jurisdiction of the United States, or by a foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section.
(14) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or association any fee, commission, rebate, or other form of compensation for any professional service not actually rendered. Nothing in this paragraph (14) affects any bona fide independent contractor or employment arrangements among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law. Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act. Nothing in this paragraph (14) shall be construed to require an employment arrangement to receive professional fees for services rendered.
(15) A finding by the Department that the licensee,
after having the license placed on probationary status has violated the terms of probation.
(16) Failing to refer a client to other health care
professionals when the licensee is unable or unwilling to adequately support or serve the client.
(17) Willfully filing false reports relating to a
licensee's practice, including but not limited to false records filed with federal or State agencies or departments.
(18) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
(19) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services pursuant to the Abused and Neglected Child Reporting Act, and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.
(20) Physical or mental disability, including
deterioration through the aging process or loss of abilities and skills which results in the inability to practice the profession with reasonable judgment, skill, or safety.
(21) Solicitation of professional services by using
false or misleading advertising.
(22) Failure to file a return, or to pay the tax,
penalty of interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue or any successor agency or the Internal Revenue Service or any successor agency.
(23) Fraud or making any misrepresentation in
applying for or procuring a license under this Act or in connection with applying for renewal of a license under this Act.
(24) Practicing or attempting to practice under a
name other than the full name as shown on the license or any other legally authorized name.
(25) Gross overcharging for professional services,
including filing statements for collection of fees or monies for which services are not rendered.
(26) Providing genetic counseling services to
individuals, couples, groups, or families without a referral from either a physician licensed to practice medicine in all its branches, an advanced practice nurse who has a collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to make referrals to a genetic counselor, or a physician assistant who has been delegated authority to make referrals to genetic counselors.
(27) Charging for professional services not rendered,
including filing false statements for the collection of fees for which services are not rendered.
(28) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
(b) The Department shall deny, without hearing, any application or renewal for a license under this Act to any person who has defaulted on an educational loan guaranteed by the Illinois State Assistance Commission; however, the Department may issue a license or renewal if the person in default has established a satisfactory repayment record as determined by the Illinois Student Assistance Commission.
(c) The determination by a court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code will result in an automatic suspension of his or her license. The suspension will end upon a finding by a court that the licensee is no longer subject to involuntary admission or judicial admission, the issuance of an order so finding and discharging the patient, and the determination of the Secretary that the licensee be allowed to resume professional practice.
(d) The Department may refuse to issue or renew or may suspend without hearing the license of any person who fails to file a return, to pay the tax penalty or interest shown in a filed return, or to pay any final assessment of the tax, penalty, or interest as required by any Act regarding the payment of taxes administered by the Illinois Department of Revenue until the requirements of the Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Civil Administrative Code of Illinois.
(e) In cases where the Department of Healthcare and Family Services has previously determined that a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with item (5) of subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.
(f) All fines or costs imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine or costs or in accordance with the terms set forth in the order imposing the fine.
(Source: P.A. 97-813, eff. 7-13-12; 98-813, eff. 1-1-15.)
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Last modified: February 18, 2015