Section 1251.120  Unprofessional Conduct

The Division may suspend or revoke a license, refuse to issue or renew a license or take other disciplinary action, based upon its finding of unethical, dishonorable, or unprofessional conduct within the meaning of Section 95, of the Act, which is interpreted to include, but is not limited to, the following acts or practices:

a)         Practicing, condoning, facilitating, collaborating with or engaging in discrimination against prospective or current clients, students, employees, supervisees, or research participants based on age, culture, disability, ethnicity, race, religion, sex, gender identity, sexual orientation, marital status/partnership, language preference, socioeconomic status, immigration status, or any basis proscribed by law;

b)         Being convicted of any crime an essential element of which is larceny, embezzlement, obtaining money, property or credit by false pretenses or by means of a confidence game, dishonesty, fraud, misstatement or moral turpitude (e.g., unauthorized disclosure of patient information; improper alteration of a patient record; inappropriate or unlawful use of drugs or alcohol; assault, battery, or abuse of a patient; sexual contact with a patient; gross or repeated malpractice or negligence; improper professional financial dealings);

c)         Performing, or pretending to be able to perform, professional services beyond one's scope of practice and one's competency as defined by education, training, supervised experience, State and national professional credentials, and appropriate professional experience;

d)         Procuring, attempting to procure or renewing a license by bribery or by fraudulent misrepresentation;

e)         Aiding or assisting another person in violating any provision of the Genetic Counselor Licensing Act or this Part;

f)         Misrepresenting educational background, training, credentials, competence, or staff memberships;

g)         Exploiting a client for personal advantage, profit, or interest, including engaging in the sexual exploitation of clients;

h)         Refer clients to an alternate genetic counselor or other qualified professional when situations arise in which a genetic counselor's personal values, attitudes and beliefs may impede his or her ability to counsel a client;

i)          Failing to maintain the confidentiality of any information received from a client, unless otherwise authorized or required by law;

j)          Advertising in a matter that is deceptive, misleading, or false.  Genetic counselors may only claim or imply professional credentials possessed and are responsible for correcting any misrepresentations of their credentials by others.  Professional credentials include highest relevant degrees, accreditation of graduate programs, national voluntary certifications, government-issued certifications or licenses, professional membership, or any other credential that might indicate to the public specialized knowledge or expertise in genetic counseling;

k)         Submitting fraudulent claims for services to any person or entity including, but not limited to, health insurance companies or health service plans or third party payors;

l)          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;

m)        Receiving 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 the Act or this Section; and

n)         Committing any other conduct that is violative of the "National Society of Genetic Counselors Code of Ethics" (2017) published by the National Society of Genetic Counselors, Inc., 330 North Wabash Avenue, Suite 2000, Chicago IL 60611 (no later amendments or editions).

(Source:  Added at 49 Ill. Reg. 8307, effective June 5, 2025)