SB634: Bill Text

SB634,5,22 (b) Education and information about inheritance, genetic testing, management, prevention, resources, and research.

SB634,5,23 (c) Social and psychological support.

SB634,5,25 (4) "Genetic counselor" means an individual who is licensed by the affiliated credentialing board to practice genetic counseling.

SB634,6,2 448.971 License required. (1) Except as provided in s. 448.972, no person may practice genetic counseling unless the person is licensed under this subchapter.

SB634,6,9 (2) No person may designate himself or herself as a genetic counselor or use or assume the title "genetic associate," "genetic counselor," "licensed genetic counselor," or "registered genetic counselor," or append to the person's name the letters "G.A.," "G.C.," "L.G.C.," or "R.G.C.," or use any insignia or designation that would imply that the individual is licensed or certified or registered as a genetic counselor, or claim to render genetic counseling services unless the person is licensed under this subchapter.

SB634,6,11 448.972 Applicability. (1) A license is not required under this subchapter for any of the following if the person does not claim to be a genetic counselor:

SB634,6,13 (a) Any person lawfully practicing within the scope of a license, permit, registration, or certification granted by this state or the federal government.

SB634,6,15 (b) Any person assisting a genetic counselor in practice under the direct, on-premises supervision of the genetic counselor.

SB634,6,18 (c) A student of genetic counseling assisting a genetic counselor in the practice of genetic counseling if the assistance is within the scope of the student's education or training.

SB634,6,25 (d) A person who is licensed to practice genetic counseling in another state or country and who is providing consulting services in this state on a temporary basis, as determined by the affiliated credentialing board by rule, if the person notifies the affiliated credentialing board that he or she will be providing consulting services and of the nature and date of those services and receives authorization from the affiliated credentialing board to provide consulting services on a temporary basis under this paragraph.

SB634,7,4 (e) A person who is not licensed to practice genetic counseling in another state or country and who is providing consulting services in this state on a temporary basis, as determined by the affiliated credentialing board by rule, if the person satisfies all of the following:

SB634,7,6 1. The person is certified by the American Board of Genetic Counseling or the American Board of Medical Genetics.

SB634,7,8 2. The person notifies the affiliated credentialing board that he or she will be providing consulting services and of the nature and date of those services.

SB634,7,10 3. The person receives authorization from the affiliated credentialing board to provide consulting services on a temporary basis under this paragraph.

SB634,7,13 448.973 Duties and powers of affiliated credentialing board. (1) The affiliated credentialing board shall promulgate rules that establish each of the following:

SB634,7,15 (a) Standards of practice for and a code of ethics governing the professional conduct of genetic counselors.

SB634,7,17 (b) Criteria for the approval of continuing education programs and courses required for renewal of a genetic counselor license.

SB634,7,19 (c) Requirements for an applicant seeking renewal of a genetic counselor license, including that an applicant do all of the following:

SB634,7,21 1. Successfully complete the minimum number of hours of continuing education.

SB634,7,23 2. Maintain certification from and, if applicable, achieve recertification through the American Board of Genetic Counseling.

SB634,7,24 (d) The definition of "temporary basis" for purposes of s. 448.972 (1) (d) and (e).

SB634,8,2 (2) The affiliated credentialing board may promulgate rules that define the scope of practice of genetic counseling.

SB634,8,5 448.974 Licensure of genetic counselors. (1) Except as provided in sub. (2), the affiliated credentialing board shall grant a license as a genetic counselor to a person who does all of the following:

SB634,8,7 (a) Submits an application for the license to the department on a form provided by the department.

SB634,8,8 (b) Pays the fee specified in s. 440.05 (1).

SB634,8,11 (c) Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory to the affiliated credentialing board that the applicant does not have an arrest or a conviction record.

SB634,8,13 (d) Submits evidence satisfactory to the affiliated credentialing board that he or she has done all of the following:

SB634,8,18 1. Successfully completed the academic and clinical requirements of and developed the practice-based competencies required by a degree-granting program in genetic counseling approved by the affiliated credentialing board and accredited by the American Board of Genetic Counseling or the American Board of Medical Genetics.

SB634,8,21 2. Passed an examination administered by the American Board of Genetic Counseling or the genetic counseling examination administered by the American Board of Medical Genetics.

SB634,8,23 3. Obtained certification, maintained valid certification, and, if applicable, achieved recertification with the American Board of Genetic Counseling.

SB634,9,2 (e) If the person was educated in a degree-granting program in genetic counseling that is not in the United States, the person satisfies any additional requirements for demonstrating competence to practice genetic counseling that the affiliated credentialing board may establish by rule.

SB634,9,9 (2) The affiliated credentialing board may waive the requirements of sub. (1) (d) if a person holds an unexpired genetic counselor license issued by another state or territory or foreign country or province and the requirements for licensure and for renewal of a genetic counselor license of such other state or territory or foreign country or province are deemed by the affiliated credentialing board to be substantially equivalent to the requirements for licensure and for renewal of a genetic counselor license of this state.

SB634,9,13 448.975 Temporary license. (1) The affiliated credentialing board may, by rule, provide for a temporary license to practice genetic counseling for a person who satisfies the requirements of s. 448.974 but who has not successfully completed the examination required under s. 448.974 (1) (d) 2.

SB634,9,16 (2) A temporary license issued under this section shall expire on whichever of the following dates and circumstances apply to the person who obtains the temporary license under this section:

SB634,9,20 (a) If, after the person obtains a temporary license under this section, the American Board of Genetic Counseling administers the examination required under s. 448.974 (1) (d) 2. and the person does not take the examination, the date on which the examination is administered.

SB634,9,24 (b) If, after the person obtains a temporary license under this section, the American Board of Genetic Counseling administers the examination required under s. 448.974 (1) (d) 2. and the person does take the examination, 30 days after the results of the examination are issued by the American Board of Genetic Counseling.

SB634,10,5 (3) The board may, in its discretion and only once, renew a temporary license issued to a person under this section if the person maintains active candidate status with the American Board of Genetic Counseling. The board may require an applicant for the renewal of a temporary license to appear before a member of the board for an interview.

SB634,10,11 (4) A person who holds a temporary license issued under this section may not practice genetic counseling unless the person is under the supervision and direction of a genetic counselor at all times while the person is practicing genetic counseling. The affiliated credentialing board may promulgate rules governing general supervision of a person holding a temporary license under this section by a genetic counselor.

SB634,10,14 448.976 Issuance of license; expiration and renewal. (1) The department shall issue a certificate of licensure to each person who is licensed under this subchapter.

SB634,10,19 (2) The renewal dates for licenses granted under this subchapter are specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department, and shall include the renewal fee specified in s. 440.08 (2) (a) and proof of compliance with the requirements established by rules promulgated by the affiliated credentialing board pursuant to s. 448.973 (1) (c).

SB634,10,23 448.977 Disciplinary proceedings and actions. (1) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may make investigations and conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.

SB634,11,2 (2) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may reprimand a genetic counselor or may deny, limit, suspend, or revoke a license granted under this subchapter if it finds that the applicant or genetic counselor has done any of the following:

SB634,11,4 (a) Made a material misstatement in an application for a license or for renewal of a license.

SB634,11,6 (b) Interfered with an investigation or disciplinary proceeding by using threats, harassment, or intentional misrepresentation of facts.

SB634,11,8 (c) Subject to ss. 111.321, 111.322, and 111.335, been convicted of an offense the circumstances of which substantially relate to the practice of genetic counseling.

SB634,11,9 (d) Been adjudicated mentally incompetent by a court.

SB634,11,10 (e) Advertised in a manner that is false, deceptive, or misleading.

SB634,11,11 (f) Advertised, practiced, or attempted to practice under another's name.

SB634,11,14 (g) Subject to ss. 111.321, 111.322, and 111.34, practiced or assisted in the practice of genetic counseling while the applicant's or licensee's ability to practice or assist was impaired by alcohol or other drugs.

SB634,11,16 (h) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under s. 448.973 (1) (a).

SB634,11,18 (i) Engaged in conduct while practicing genetic counseling that evidences a lack of knowledge or ability to apply professional principles or skills.

SB634,11,19 (j) Violated this subchapter or any rule promulgated under this subchapter.

SB634,11,23 (3) The affiliated credentialing board shall revoke the license of a genetic counselor who has failed to maintain certification with the American Board of Genetic Counseling or whose certification with the American Board of Genetic Counseling has been revoked.

SB634,12,3 (4) (a) A genetic counselor may voluntarily surrender his or her license to the affiliated credentialing board, which may refuse to accept the surrender if the affiliated credentialing board has received allegations of unprofessional conduct against the genetic counselor. The affiliated credentialing board may negotiate stipulations in consideration for accepting the surrender of licenses.

SB634,12,6 (b) The affiliated credentialing board may restore a license that has been voluntarily surrendered under par. (a) on such terms and conditions as it considers appropriate.

SB634,12,9 (5) The affiliated credentialing board shall prepare and disseminate to the public an annual report that describes final disciplinary action taken against genetic counselors during the preceding year.

SB634,12,12 (6) The affiliated credentialing board may report final disciplinary action taken against a genetic counselor to any national database that includes information about disciplinary action taken against health care professionals.

SB634,12,18 448.978 Injunctive relief. If the affiliated credentialing board has reason to believe that any person is violating this subchapter or any rule promulgated under this subchapter, the affiliated credentialing board, the department, the attorney general, or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of this state to enjoin the person from the violation.

SB634,12,21 448.979 Penalties. Any person who violates this subchapter or any rule promulgated under this subchapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB634, s. 12 Section 12. 448.970 of the statutes is renumbered 448.9695.

SB634, s. 13 Section 13. 450.10 (3) (a) 5. of the statutes is amended to read:

SB634,13,3 450.10 (3) (a) 5. A physician, physician assistant, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant, or genetic counselor licensed under ch. 448.

SB634, s. 14 Section 14 . Nonstatutory provisions.

SB634,13,8 (1) Initial appointments. Notwithstanding the lengths of the terms specified in section 15.406 (6) (intro.) of the statutes, as created by this act, the initial members of the genetic counselors affiliated credentialing board shall be initially appointed for the following terms:

SB634,13,11 (a) One genetic counselor and one person licensed to practice medicine and surgery under subchapter II of chapter 448 of the statutes who is a clinical geneticist, for terms expiring on July 1, 2010.

SB634,13,14 (b) One genetic counselor and one person licensed to practice medicine and surgery under subchapter II of chapter 448 of the statutes, for terms expiring on July 1, 2011.

SB634,13,16 (c) Two genetic counselors and one public member, for terms expiring on July 1, 2012.

SB634,13,25 (2) Qualifications of initial members of the genetic counselors affiliated credentialing board. Notwithstanding section 15.406 (6) of the statutes, as created by this act, an initial member of the genetic counselors affiliated credentialing board appointed under section 15.406 (6) of the statutes is not required to be a licensed genetic counselor under section 448.974 of the statutes, as created by this act, if the appointment occurs before the effective date of this subsection and at the time of the appointment the individual holds a valid certification issued by the American Board of Genetic Counseling as defined in section 448.970 (2) of the statutes, as created by this act.

SB634,14,1 (3) Rule making.

SB634,14,6 (a) The genetic counselors affiliated credentialing board shall submit in proposed form the rules required under section 448.973 of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 8th month beginning after the effective date of this paragraph.

SB634,14,16 (b) Using the procedure under section 227.24 of the statutes, the genetic counselors affiliated credentialing board may promulgate rules required under section 448.973 of the statutes, as created by this act, for the period before the effective date of the rules submitted under paragraph (a ), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the genetic counselors affiliated credentialing board is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

SB634, s. 15 Section 15. Effective dates. This act takes effect on the first day of the 13th month beginning after publication except as follows:

SB634,14,20 (1) The treatment of sections 15.085 (1m) (b) and 15.406 (6) of the statutes and Section 14 of this act take effect on the day after publication.

SB634,14,21 (End)