Reference is to the bill as introduced.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Title 40 of the 1976 Code is amended by adding:
Section 40-84-10. (A)
There is created the Genetic Counselors
Committee, an advisory committee under the auspices of the State
Board of Medical Examiners, to license genetic counselors. The
purpose of this committee is to protect the public through the
regulation of professionals who educate and communicate with the
public regarding the human problems associated with the
occurrence, or the risk of occurrence, of a genetic disorder in
a family, including the provision of services to help an
individual or family.
(B)(1) The committee
must be composed of five members appointed by the Governor. The
committee shall review and make recommendations to the board
regarding all matters relating to genetic counselors including,
but not limited to:
(a)
applications for licensure;
(b)
licensure renewal requirements;
(c)
disciplinary investigations or actions; and
(d)
promulgation of administrative regulations.
(2)
Members of the committee shall serve three-year terms,
except for initial appointments, and must consist of five
practicing licensed genetic counselors.
(3)
The chair of the committee must be elected by a majority
vote of the committee members and must preside over meetings.
Meetings must be held annually at a time and location designated
by the chair. Additional meetings may be held at the call of
the chair or upon the written request of three committee
members.
(4)
Initial appointments must be for staggered terms. Two
members shall serve a three-year term, two members shall serve a
two-year term, and one member shall serve a one-year term.
(a)
Initial members shall serve without a license until
licenses become available.
(b)
Initial members must be ABGC-certified for a minimum of
five years.
(5)
A member of the committee is entitled to per diem,
subsistence, and mileage as provided by law for members of state
boards, committees, and commissions.
(6)
A committee member may be removed by the board for good
cause of if he misses two consecutive committee meetings without
good cause.
(7)
Upon the death, resignation, or removal of any member, the
vacancy for the unexpired term must be filled by the
Governor.
(8)
The quorum required for any meeting of the committee is
three members. No action by the committee or its members may
have any effect unless a quorum of the committee is present at
the meeting where the action is taken.
Section 40-84-20. As
used in this chapter:
(1) 'ABGC' means the
American Board of Genetic Counseling, its successor or
equivalent.
(2) 'ABMGG' means the
American Board of Medical Genetics and Genomics, its successor
or equivalent.
(3) 'ACGC' means the
Accreditation Council for Genetic Counseling, its successor or
equivalent.
(4) 'Committee' means
the Genetic Counselors Committee created in Section
40-84-10.
(5) 'Board' means the
State Board of Medical Examiners.
(6) 'Department' means
the Department of Labor, Licensing and Regulation.
(7) 'Genetic counselor'
means a person who has met all the conditions of this chapter
and is licensed in this State to practice genetic counseling.
(8) 'Limited permittee'
means a person who obtains a limited license by the board who
meets all the requirements except the examination, and whose
activities are supervised and directed by a supervisor.
(9) 'NSGC' means the
National Society of Genetic Counselors, its successor or
equivalent.
(10) 'Practice of
genetic counseling' means:
(a)
obtain and evaluate individual, family, and medical
histories to determine genetic risk for genetic/medical
conditions and diseases in a patient, his offspring, and other
family members;
(b)
discuss the features, natural history, means of diagnosis,
genetic and environmental factors, and management of risk for
genetic/medical conditions and diseases;
(c)
identify and coordinate genetic laboratory tests and
coordinate other diagnostic studies as appropriate for the
genetic assessment;
(d)
integrate genetic laboratory test results and other
diagnostic studies with personal and family medical histories to
assess and communicate risk factors for genetic/medical
conditions and diseases;
(e)
explain the clinical implications of genetic laboratory
tests and other diagnostic studies and their results;
(f)
evaluate responses of the client and his family to the
condition or risk of recurrence and provide client-centered
counseling and anticipatory guidance;
(g)
identify and use community resources that provide medical,
educational, financial, and psychosocial support and advocacy;
and
(h)
provide written documentation of medical, genetic, and
counseling information for families and health care
professionals.
(11) 'Student' or
'genetic counselor student' means an individual enrolled in an
ACGC-approved genetic counselor program while engaged in
completing the clinical education requirement for
graduation.
(12) 'Supervision'
means supervision provided by a licensed physician and shall
mean the review of genetic counseling and case management as
appropriate that include regular chart reviews of clients with
the limited permittee and the supervisor.
Section 40-84-30. A person may not engage in the practice of genetic counseling without a license issued in accordance with this chapter. A person who practices as a genetic counselor without being licensed under this chapter, whose license has been suspended or revoked, or who uses in connection with his name the words or letters 'GC', 'LGC,' or uses the title 'gene counselor', 'genetic associate', 'genetic counselor', 'genetic consultant', or 'licensed genetic counselor', or any other letters, words, or insignia indicating or implying that he is a genetic counselor or who in any other way, orally, in writing, in print, by sign directly or by implication, represents himself as a genetic counselor without being licensed by the board is subject to the penalties provided in this chapter.
Section 40-84-40. (A)
A person desiring to be licensed as a
genetic counselor under this chapter shall apply to the
department on a form approved by the board.
(B) The board shall
license an applicant who:
(1)
has completed the application form and remitted the
required fees;
(2)
is of good moral character;
(3)
provides satisfactory documentation of having earned:
(a)
a master's degree from a genetic counseling training
program accredited by the ACGC or an equivalent program as
determined by the board; or
(b)
a doctoral degree from a medical genetics training program
that is accredited by the ABMGG.
(C) An exception to
item (3)(a) must be provided by the board for genetic counselors
who did not attend a traditional master's training program but
are certified by the ABMGG, have been practicing for at least
ten years, are in good standing with their employer, and were
grandfathered into ABGC certification. These individuals are
not exempt from the continuing education requirements for
licensure set in Section 40-84-50(C).
(D) The board may issue
a limited license to an applicant who meets all of the
requirements for licensure except the certification requirement
in this section and has obtained active candidate status
establishing eligibility to sit for the certification
examination administered by the ABGC or the ABMGG.
(E) An applicant may be
licensed pursuant to this chapter if he demonstrates to the
satisfaction of the board that he is licensed or registered
under the laws of another state, territory, or jurisdiction of
the United States which, in the opinion of the board, imposes
substantially the same licensing requirements as this chapter.
Section 40-84-50. (A)
The department shall renew a license upon
receipt of the renewal application and fee set by the board, not
to exceed three hundred dollars biannually.
(B) A renewal applicant
shall provide documentation that he continues to maintain
certification required in Section 40-84-40(B)(3)(b).
(C) The board shall
require NSGC-approved course criteria, not to exceed twenty-five
hours biennially, as a condition for license renewal.
(D) The board shall
establish fees at levels which are adequate to ensure the
continued operation of the regulatory program under this
chapter. The board may not set or maintain the fees at a level
that will substantially exceed this need.
Section 40-84-60. The
Department of Labor, Licensing and Regulation shall provide all
administrative, fiscal, investigative, inspectional, clerical,
secretarial, and license renewal operations and activities of
the board in accordance with Chapter 1.
Section 40-84-70. The board may adopt rules governing its proceedings and may promulgate regulations recommended by the committee necessary to carry out the provisions of this chapter including, but not limited to, promulgation of regulations for the practice of genetic counseling, and establishing disciplinary procedures.
Section 40-84-80. The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided in Chapter 1. The board may designate individuals to serve as advisors to provide professional expertise to inspectors or investigators.
Section 40-84-90. For the purpose of an investigation or proceeding under this chapter, the board or its designee may subpoena witnesses, take evidence, and require the production of documents or records which the board considers relevant to the inquiry.
Section 40-84-100. In addition to other remedies provided in this chapter or Chapter 1, the board in accordance with Section 40-1-100 also may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
Section 40-84-110. (A)
In addition to other grounds provided in
Section 40-1-110, the board, after notice and hearing, may
restrict or refuse to grant a license to an applicant and may
refuse to renew the license of a licensed person, and may
suspend, revoke, or otherwise restrict the license of a licensed
person who:
(1)
requests, receives, participates, or engages, directly or
indirectly, in the dividing, transferring, assigning, rebating,
or refunding of fees received for professional services or
profits by means of a credit or other valuable consideration
including, but not limited to, wages, an unearned commission,
discount, or gratuity with a person who referred a patient, or
with a relative or business associate of the referring person;
(2)
has treated or undertaken to treat human ailments
otherwise than by a genetic counselor or has practiced genetic
counseling and failed to refer to a licensed medical doctor a
patient whose medical condition should have been determined at
the time of evaluation or treatment to be beyond the scope of
practice of a genetic counselor; or
(3)
knowingly aided, assisted, procured, or advised a person
to practice genetic counseling contrary to this chapter or to
regulations promulgated by the board pursuant to this chapter or
knowingly performed an act which aids, assists, procures, or
advises an unlicensed person to practice genetic counseling.
(B)(1) An act or
omission by a licensee causing the denial, revocation,
suspension, or restriction of a license to practice genetic
counseling in another state is sufficient for the issuance of a
formal complaint and the commencement of disciplinary
proceedings as provided in this section. Proof of an act or
omission may be shown by a copy of the transcript of record of
the disciplinary proceedings in another state or a copy of the
final order, consent order, or similar order stating the basis
for the action taken. This subsection only applies when the
disciplinary action taken in another state is based on grounds
that would constitute grounds for disciplinary action under
subsection (A) and Section 40-1-110.
(2)
Upon the filing of an initial complaint alleging that a
licensee has been disciplined in another state, the licensee
must submit to the board copies of all transcripts, documents,
and orders used, relied upon, or issued by the licensing
authority in the other state. Failure to submit these items
within ninety days of the board's request results in the
suspension of the individual's license to practice genetic
counseling in this State until all of the items have been
provided to the board.
(3)
A licensee may present mitigating testimony to the board
regarding disciplinary action taken in another state or evidence
that the acts or omissions committed in another state do not
constitute grounds for disciplinary action under subsection (A)
and Section 40-1-110.
(C) A complaint may be
made in writing to the board or may be made by the board on its
own initiative.
(D) In enforcing the
provisions of this chapter, the board, upon reasonable grounds,
may require a licensee or applicant to submit to a mental or
physical examination performed by a physician designated by the
board and including, but not limited to, urinalysis and blood
work to determine the presence of drugs. The results of an
examination are admissible in a hearing before the board,
notwithstanding a claim or privilege under a contrary rule of
law or statute. A person who accepts the privilege of
practicing genetic counseling in this State is considered to
have consented to submit to a mental or physical examination and
to have waived all objections to the admissibility of the
results in a hearing before the board upon the grounds that the
same constitutes a privileged communication. If a licensee or
applicant fails to submit to an examination when properly
directed to do so by the board, unless the failure was due to
circumstances beyond the person's control, the board shall enter
an order automatically suspending or denying the license pending
compliance and further order of the board. A licensee or
applicant who is prohibited from practicing genetic counseling
under this subsection must be afforded at reasonable intervals
the opportunity to demonstrate to the board the ability to
resume or begin the practice of genetic counseling with
reasonable skill and safety to patients.
(E) In enforcing the
provisions of this chapter, the board upon reasonable grounds
may obtain records relating to the mental or physical condition
of a licensee or applicant including, but not limited to,
psychiatric records; and these records are admissible in a
hearing before the board, notwithstanding another provision of
law. A person who accepts the privilege of practicing genetic
counseling in this State or who files an application to practice
genetic counseling in this State is considered to have consented
to the board obtaining these records and to have waived all
objections to the admissibility of these records in a hearing
before the board upon the grounds that the same constitutes a
privileged communication. If a licensee or applicant refuses to
sign a written consent for the board to obtain these records
when properly requested by the board, unless the failure was due
to circumstances beyond the person's control, the board shall
enter an order automatically suspending or denying the license
pending compliance and further order of the board. A licensee
or applicant who is prohibited from practicing genetic
counseling under this subsection must be afforded reasonable
opportunity to demonstrate to the board the ability to resume or
begin the practice of genetic counseling with reasonable skill
and safety to patients.
Section 40-84-120. The board has jurisdiction over the actions of licensees and former licensees as provided in Section 40-1-115.
Section 40-84-130. In addition to the sanctions the board may impose against a person pursuant to this chapter, the board may take disciplinary action against a person as provided in Section 40-1-120 and also may impose a civil penalty of not more than two thousand dollars for each violation of this chapter or of a regulation promulgated under this chapter, the total penalty not to exceed ten thousand dollars.
Section 40-84-140. As provided in Section 40-1-130, the board may restrict or deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
Section 40-84-150. A license may be denied based on a person's prior criminal record only as provided in Section 40-1-140.
Section 40-84-160. A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
Section 40-84-170. A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
Section 40-84-180. A person found in violation of this chapter or a regulation promulgated pursuant to this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
Section 40-84-190. All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
Section 40-84-200. Investigations and proceedings conducted under this chapter are confidential, and all communications are privileged as provided in Section 40-1-190.
Section 40-84-210. A person who engages in the practice of or offers to engage in the practice of genetic counseling in the State in violation of this chapter or who knowingly submits false information to the board for the purpose of obtaining a license or who violates another provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than ninety days, or both. Each violation is a separate offense.
Section 40-84-220. The department, on behalf of the board and in accordance with Section 40-1-120, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
Section 40-84-230. The
provisions of this act do not apply to:
(1) a 'genetic
counselor student' who is a student enrolled in an ACGC-approved
genetic counselor program while engaged in completing the
clinical education requirement for graduation under the on-site
supervision of a genetic counselor or physician who is licensed
to practice in this State;
(2) a genetic counselor
licensed in another state who is teaching or participating in
special genetic counselor education projects, nonprofit delivery
of service from outside the state, demonstrations, or courses in
this State;
(3) a genetic counselor
solely employed by the United States Armed Services, United
States Public Health Service, Veterans Administration, or
another federal agency and practicing within the scope of
employment; or
(4) a person licensed
by the State to practice in a profession such as a physician or
nurse practitioner when acting within the scope of the person's
profession and doing work of a nature consistent with the
person's training. The person cannot not hold himself out to the
public as a genetic counselor in accordance with Section
40-84-30.
Section 40-84-240. Nothing in this chapter may be construed to authorize a licensed genetic counselor or another person to practice medicine, surgery, osteopathy, homeopathy, chiropractic, naturopathy, magnetic healing, or another form, branch, or method of healing as authorized by the laws of this State. Nothing in this chapter may be construed to restrict, inhibit, or limit the practice of licensed physicians, nurse practitioners, or licensed physician assistants."
SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.