SB634,1,7 1An Act to renumber 252.14 (1) (ar) 4q. and 448.970; to amend 15.085 (1m) (b),
2146.997 (1) (d) 4., 155.01 (7) and 450.10 (3) (a) 5.; and to create 15.406 (6),
348.981 (2) (a) 30., 146.81 (1) (dd), 252.14 (1) (ar) 4s., 440.03 (13) (b) 30m., 440.08
4(2) (a) 37m. and subchapter VIII of chapter 448 [precedes 448.970] of the
5statutes; relating to: the regulation and licensure of genetic counselors,
6creating a genetic counselors affiliated credentialing board, requiring the
7exercise of rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill requires a person who practices genetic counseling to be licensed by
a seven-member genetic counselors affiliated credentialing board (board), created
by the bill. The board consists of four persons licensed under the bill, two persons
licensed to practice medicine and surgery, and one public member. The board
members serve four-year terms.
The bill defines genetic counseling as interpreting, analyzing, integrating, and
delivering any of the following to individuals and families: 1) individual and family
medical histories; 2) education and information about inheritance, genetic testing,
management, prevention, resources, and research; and 3) social and psychological
support. In addition, the foregoing activities do not satisfy the definition of "genetic
counseling" unless they are performed for the following purposes: 1) to provide

guidance about the medical, psychological, and familial implications of genetic
contributions to disease; 2) to assess the mode of inheritance and chance of
occurrence or recurrence of conditions with a genetic component; or 3) to promote
informed choices and adaptations to a risk or condition.
The following persons are exempt from the bill's licensure requirement: 1) any
person lawfully practicing within the scope of a license, permit, registration, or
certification granted by the state or the federal government; 2) any person assisting
and under the direct supervision of a licensed genetic counselor; 3) certain students
of genetic counseling who are assisting a genetic counselor; 4) a person licensed as
a genetic counselor in another state or country who is authorized by the board to
provide consulting services in this state on a temporary basis, as defined by the board
by rule; and 5) a person who is not licensed as a genetic counselor in another state
but who is certified by the American Board of Genetic Counseling (ABGC) or the
American Board of Medical Genetics (ABMG) and is authorized by the board to
provide consulting services in this state on a temporary basis, as defined by the board
by rule.
To qualify for licensure under the bill, a person must have completed a
degree-granting educational program in genetic counseling approved by the board
and accredited by ABGC or ABMG. In addition, the person must have passed either
an examination administered by ABGC or the genetic counseling examination
administered by ABMG. Finally, the person must obtain and maintain certification
with ABGC. The board may waive these requirements for a person who holds an
unexpired genetic counselor license issued by another state or territory if the board
determines that the requirements for licensure and renewal are substantially
equivalent to the requirements for licensure and renewal in this state. If the person
completed a degree-granting educational program in genetic counseling that is not
in the United States, the person must satisfy any additional requirements
established by the board by rule.
This bill permits the board to provide, by rule, for the issuance of a temporary
license to a person who has not passed the requisite examination; the temporary
license may be renewed only once. A person holding a temporary license may
practice genetic counseling only under the supervision of a person licensed under the
bill.
The bill also authorizes the board to make investigations and conduct hearings
to determine whether a violation of the bill has occurred. The board may reprimand
a genetic counselor or deny, limit, suspend, or revoke a license granted under the bill
if a genetic counselor or applicant for licensure has engaged in prohibited conduct.
The bill requires the board to revoke the license of a genetic counselor who has failed
to maintain certification with ABGC or whose certification with ABGC has been
revoked.
The bill requires the board to promulgate rules that define the standards of
practice of genetic counseling and permits the board to define the scope of practice
of genetic counseling. In addition, this bill also does each of the following: 1) makes
current law regarding the preservation, destruction, and confidentiality of patient
health care records applicable to genetic counselors; 2) includes genetic counselors

in the definition of "health care provider" for the requirements under current law
for powers of attorney for health care and for the prohibition under current law on
discrimination related to acquired immunodeficiency syndrome; 3) requires a
genetic counselor, like other professionals under current law, to make certain reports
regarding abused or neglected children; and 4) provides to genetic counselors the
same protection from discipline under current law that is available to other health
care professionals who make certain reports regarding violations of laws applicable
to pharmacists or controlled substances or of laws or clinical or ethical standards by
health care facilities, health care providers, or employees of such facilities or
providers.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB634, s. 1 1Section 1. 15.085 (1m) (b) of the statutes, as affected by 2009 Wisconsin Acts
2113
and 149, is amended to read:
SB634,3,63 15.085 (1m) (b) The public members of the podiatry affiliated credentialing
4board, or occupational therapists affiliated credentialing board, or genetic
5counselors affiliated credentialing board
shall not be engaged in any profession or
6occupation concerned with the delivery of physical or mental health care.
SB634, s. 2 7Section 2. 15.406 (6) of the statutes is created to read:
SB634,3,118 15.406 (6) Genetic counselors affiliated credentialing board. There is
9created in the department of regulation and licensing, attached to the medical
10examining board, a genetic counselors affiliated credentialing board consisting of the
11following members appointed for 4-year terms:
SB634,3,1212 (a) Four genetic counselors who are licensed under subch. VIII of ch. 448.
SB634,3,1413 (b) Two members who are licensed to practice medicine and surgery under
14subch. II of ch. 448, one of whom is a clinical geneticist.
SB634,3,1515 (c) One public member.
SB634, s. 3
1Section 3. 48.981 (2) (a) 30. of the statutes is created to read:
SB634,4,22 48.981 (2) (a) 30. A genetic counselor.
SB634, s. 4 3Section 4. 146.81 (1) (dd) of the statutes is created to read:
SB634,4,44 146.81 (1) (dd) A genetic counselor licensed under subch. VIII of ch. 448.
SB634, s. 5 5Section 5. 146.997 (1) (d) 4. of the statutes is amended to read:
SB634,4,76 146.997 (1) (d) 4. A physician, podiatrist, perfusionist, physical therapist, or
7physical therapist assistant, or genetic counselor licensed under ch. 448.
SB634, s. 6 8Section 6. 155.01 (7) of the statutes, as affected by 2009 Wisconsin Act ....
9(Senate Bill 471), is amended to read:
SB634,4,1910 155.01 (7) "Health care provider" means a nurse licensed or permitted under
11ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a
12physician, physician assistant, perfusionist, podiatrist, physical therapist, physical
13therapist assistant, occupational therapist, or occupational therapy assistant, or
14genetic counselor
licensed under ch. 448, a person practicing Christian Science
15treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch.
16455, a partnership thereof, a corporation or limited liability company thereof that
17provides health care services, a cooperative health care association organized under
18s. 185.981 that directly provides services through salaried employees in its own
19facility, or a home health agency, as defined in s. 50.49 (1) (a).
SB634, s. 7 20Section 7. 252.14 (1) (ar) 4q. of the statutes is renumbered 252.14 (1) (ar) 4n.
SB634, s. 8 21Section 8. 252.14 (1) (ar) 4s. of the statutes is created to read:
SB634,4,2222 252.14 (1) (ar) 4s. A genetic counselor licensed under subch. VIII of ch. 448.
SB634, s. 9 23Section 9. 440.03 (13) (b) 30m. of the statutes is created to read:
SB634,4,2424 440.03 (13) (b) 30m. Genetic counselor.
SB634, s. 10 25Section 10. 440.08 (2) (a) 37m. of the statutes is created to read:
SB634,5,2
1440.08 (2) (a) 37m. Genetic counselor: November 1 of each odd-numbered year;
2$106.
SB634, s. 11 3Section 11. Subchapter VIII of chapter 448 [precedes 448.970] of the statutes
4is created to read:
SB634,5,55 chapter 448
SB634,5,66 subchapter VIII
SB634,5,87 genetic counselors affiliated
8 credentialing board
SB634,5,9 9448.970 Definitions. In this subchapter:
SB634,5,11 10(1) "Affiliated credentialing board" means the genetic counselors affiliated
11credentialing board.
SB634,5,13 12(2) "American Board of Genetic Counseling" includes a successor organization
13as determined by the affiliated credentialing board.
SB634,5,19 14(3) "Genetic counseling" means the interpretation, analysis, integration, and
15delivery of any of the following to individuals and families to provide guidance about
16the medical, psychological, and familial implications of genetic contributions to
17disease; to assess the mode of inheritance and chance of occurrence or recurrence of
18conditions with a genetic component; or to promote informed choices and adaptations
19to a risk or condition:
SB634,5,2020 (a) Individual and family medical histories.
SB634,5,2221 (b) Education and information about inheritance, genetic testing,
22management, prevention, resources, and research.
SB634,5,2323 (c) Social and psychological support.
SB634,5,25 24(4) "Genetic counselor" means an individual who is licensed by the affiliated
25credentialing board to practice genetic counseling.
SB634,6,2
1448.971 License required. (1) Except as provided in s. 448.972, no person
2may practice genetic counseling unless the person is licensed under this subchapter.
SB634,6,9 3(2) No person may designate himself or herself as a genetic counselor or use
4or assume the title "genetic associate," "genetic counselor," "licensed genetic
5counselor," or "registered genetic counselor," or append to the person's name the
6letters "G.A.," "G.C.," "L.G.C.," or "R.G.C.," or use any insignia or designation that
7would imply that the individual is licensed or certified or registered as a genetic
8counselor, or claim to render genetic counseling services unless the person is licensed
9under this subchapter.
SB634,6,11 10448.972 Applicability. (1) A license is not required under this subchapter
11for any of the following if the person does not claim to be a genetic counselor:
SB634,6,1312 (a) Any person lawfully practicing within the scope of a license, permit,
13registration, or certification granted by this state or the federal government.
SB634,6,1514 (b) Any person assisting a genetic counselor in practice under the direct,
15on-premises supervision of the genetic counselor.
SB634,6,1816 (c) A student of genetic counseling assisting a genetic counselor in the practice
17of genetic counseling if the assistance is within the scope of the student's education
18or training.
SB634,6,2519 (d) A person who is licensed to practice genetic counseling in another state or
20country and who is providing consulting services in this state on a temporary basis,
21as determined by the affiliated credentialing board by rule, if the person notifies the
22affiliated credentialing board that he or she will be providing consulting services and
23of the nature and date of those services and receives authorization from the affiliated
24credentialing board to provide consulting services on a temporary basis under this
25paragraph.
SB634,7,4
1(e) A person who is not licensed to practice genetic counseling in another state
2or country and who is providing consulting services in this state on a temporary
3basis, as determined by the affiliated credentialing board by rule, if the person
4satisfies all of the following:
SB634,7,65 1. The person is certified by the American Board of Genetic Counseling or the
6American Board of Medical Genetics.
SB634,7,87 2. The person notifies the affiliated credentialing board that he or she will be
8providing consulting services and of the nature and date of those services.
SB634,7,109 3. The person receives authorization from the affiliated credentialing board to
10provide consulting services on a temporary basis under this paragraph.
SB634,7,13 11448.973 Duties and powers of affiliated credentialing board. (1) The
12affiliated credentialing board shall promulgate rules that establish each of the
13following:
SB634,7,1514 (a) Standards of practice for and a code of ethics governing the professional
15conduct of genetic counselors.
SB634,7,1716 (b) Criteria for the approval of continuing education programs and courses
17required for renewal of a genetic counselor license.
SB634,7,1918 (c) Requirements for an applicant seeking renewal of a genetic counselor
19license, including that an applicant do all of the following:
SB634,7,2120 1. Successfully complete the minimum number of hours of continuing
21education.
SB634,7,2322 2. Maintain certification from and, if applicable, achieve recertification
23through the American Board of Genetic Counseling.
SB634,7,2424 (d) The definition of "temporary basis" for purposes of s. 448.972 (1) (d) and (e).
SB634,8,2
1(2) The affiliated credentialing board may promulgate rules that define the
2scope of practice of genetic counseling.
SB634,8,5 3448.974 Licensure of genetic counselors. (1) Except as provided in sub.
4(2), the affiliated credentialing board shall grant a license as a genetic counselor to
5a person who does all of the following:
SB634,8,76 (a) Submits an application for the license to the department on a form provided
7by the department.
SB634,8,88 (b) Pays the fee specified in s. 440.05 (1).
SB634,8,119 (c) Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory
10to the affiliated credentialing board that the applicant does not have an arrest or a
11conviction record.
SB634,8,1312 (d) Submits evidence satisfactory to the affiliated credentialing board that he
13or she has done all of the following:
SB634,8,1814 1. Successfully completed the academic and clinical requirements of and
15developed the practice-based competencies required by a degree-granting program
16in genetic counseling approved by the affiliated credentialing board and accredited
17by the American Board of Genetic Counseling or the American Board of Medical
18Genetics.
SB634,8,2119 2. Passed an examination administered by the American Board of Genetic
20Counseling or the genetic counseling examination administered by the American
21Board of Medical Genetics.
SB634,8,2322 3. Obtained certification, maintained valid certification, and, if applicable,
23achieved recertification with the American Board of Genetic Counseling.
SB634,9,224 (e) If the person was educated in a degree-granting program in genetic
25counseling that is not in the United States, the person satisfies any additional

1requirements for demonstrating competence to practice genetic counseling that the
2affiliated credentialing board may establish by rule.
SB634,9,9 3(2) The affiliated credentialing board may waive the requirements of sub. (1)
4(d) if a person holds an unexpired genetic counselor license issued by another state
5or territory or foreign country or province and the requirements for licensure and for
6renewal of a genetic counselor license of such other state or territory or foreign
7country or province are deemed by the affiliated credentialing board to be
8substantially equivalent to the requirements for licensure and for renewal of a
9genetic counselor license of this state.
SB634,9,13 10448.975 Temporary license. (1) The affiliated credentialing board may, by
11rule, provide for a temporary license to practice genetic counseling for a person who
12satisfies the requirements of s. 448.974 but who has not successfully completed the
13examination required under s. 448.974 (1) (d) 2.
SB634,9,16 14(2) A temporary license issued under this section shall expire on whichever of
15the following dates and circumstances apply to the person who obtains the
16temporary license under this section:
SB634,9,2017 (a) If, after the person obtains a temporary license under this section, the
18American Board of Genetic Counseling administers the examination required under
19s. 448.974 (1) (d) 2. and the person does not take the examination, the date on which
20the examination is administered.
SB634,9,2421 (b) If, after the person obtains a temporary license under this section, the
22American Board of Genetic Counseling administers the examination required under
23s. 448.974 (1) (d) 2. and the person does take the examination, 30 days after the
24results of the examination are issued by the American Board of Genetic Counseling.
SB634,10,5
1(3) The board may, in its discretion and only once, renew a temporary license
2issued to a person under this section if the person maintains active candidate status
3with the American Board of Genetic Counseling. The board may require an applicant
4for the renewal of a temporary license to appear before a member of the board for an
5interview.
SB634,10,11 6(4) A person who holds a temporary license issued under this section may not
7practice genetic counseling unless the person is under the supervision and direction
8of a genetic counselor at all times while the person is practicing genetic counseling.
9The affiliated credentialing board may promulgate rules governing general
10supervision of a person holding a temporary license under this section by a genetic
11counselor.
SB634,10,14 12448.976 Issuance of license; expiration and renewal. (1) The department
13shall issue a certificate of licensure to each person who is licensed under this
14subchapter.
SB634,10,19 15(2) The renewal dates for licenses granted under this subchapter are specified
16under s. 440.08 (2) (a). Renewal applications shall be submitted to the department
17on a form provided by the department, and shall include the renewal fee specified in
18s. 440.08 (2) (a) and proof of compliance with the requirements established by rules
19promulgated by the affiliated credentialing board pursuant to s. 448.973 (1) (c).
SB634,10,23 20448.977 Disciplinary proceedings and actions. (1) Subject to the rules
21promulgated under s. 440.03 (1), the affiliated credentialing board may make
22investigations and conduct hearings to determine whether a violation of this
23subchapter or any rule promulgated under this subchapter has occurred.
SB634,11,2 24(2) Subject to the rules promulgated under s. 440.03 (1), the affiliated
25credentialing board may reprimand a genetic counselor or may deny, limit, suspend,

1or revoke a license granted under this subchapter if it finds that the applicant or
2genetic counselor has done any of the following:
SB634,11,43 (a) Made a material misstatement in an application for a license or for renewal
4of a license.
SB634,11,65 (b) Interfered with an investigation or disciplinary proceeding by using threats,
6harassment, or intentional misrepresentation of facts.
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