SB634: Bill Text

LRB-3193/1

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2009 - 2010 LEGISLATURE

2009 Senate BILL 634

March 23, 2010 - Introduced by Senators Erpenbach, Taylor and Lehman, cosponsored by Representatives Berceau, Benedict, Pope-Roberts and A. Williams. Referred to Committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue.

SB634,1,7 An Act to renumber 252.14 (1) (ar) 4q. and 448.970; to amend 15.085 (1m) (b), 146.997 (1) (d) 4., 155.01 (7) and 450.10 (3) (a) 5.; and to create 15.406 (6), 48.981 (2) (a) 30., 146.81 (1) (dd), 252.14 (1) (ar) 4s., 440.03 (13) (b) 30m., 440.08 (2) (a) 37m. and subchapter VIII of chapter 448 [precedes 448.970] of the statutes; relating to: the regulation and licensure of genetic counselors, creating a genetic counselors affiliated credentialing board, requiring the exercise 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 Section 1. 15.085 (1m) (b) of the statutes, as affected by 2009 Wisconsin Acts 113 and 149, is amended to read:

SB634,3,6 15.085 (1m) (b) The public members of the podiatry affiliated credentialing board, or occupational therapists affiliated credentialing board, or genetic counselors affiliated credentialing board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

SB634, s. 2 Section 2. 15.406 (6) of the statutes is created to read:

SB634,3,11 15.406 (6) Genetic counselors affiliated credentialing board. There is created in the department of regulation and licensing, attached to the medical examining board, a genetic counselors affiliated credentialing board consisting of the following members appointed for 4-year terms:

SB634,3,12 (a) Four genetic counselors who are licensed under subch. VIII of ch. 448.

SB634,3,14 (b) Two members who are licensed to practice medicine and surgery under subch. II of ch. 448, one of whom is a clinical geneticist.

SB634,3,15 (c) One public member.

SB634, s. 3 Section 3. 48.981 (2) (a) 30. of the statutes is created to read:

SB634,4,2 48.981 (2) (a) 30. A genetic counselor.

SB634, s. 4 Section 4. 146.81 (1) (dd) of the statutes is created to read:

SB634,4,4 146.81 (1) (dd) A genetic counselor licensed under subch. VIII of ch. 448.

SB634, s. 5 Section 5. 146.997 (1) (d) 4. of the statutes is amended to read:

SB634,4,7 146.997 (1) (d) 4. A physician, podiatrist, perfusionist, physical therapist, or physical therapist assistant, or genetic counselor licensed under ch. 448.

SB634, s. 6 Section 6. 155.01 (7) of the statutes, as affected by 2009 Wisconsin Act .... (Senate Bill 471), is amended to read:

SB634,4,19 155.01 (7) "Health care provider" means a nurse licensed or permitted under ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician, physician assistant, perfusionist, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant, or genetic counselor licensed under ch. 448, a person practicing Christian Science treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch. 455, a partnership thereof, a corporation or limited liability company thereof that provides health care services, a cooperative health care association organized under s. 185.981 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).

SB634, s. 7 Section 7. 252.14 (1) (ar) 4q. of the statutes is renumbered 252.14 (1) (ar) 4n.

SB634, s. 8 Section 8. 252.14 (1) (ar) 4s. of the statutes is created to read:

SB634,4,22 252.14 (1) (ar) 4s. A genetic counselor licensed under subch. VIII of ch. 448.

SB634, s. 9 Section 9. 440.03 (13) (b) 30m. of the statutes is created to read:

SB634,4,24 440.03 (13) (b) 30m. Genetic counselor.

SB634, s. 10 Section 10. 440.08 (2) (a) 37m. of the statutes is created to read:

SB634,5,2 440.08 (2) (a) 37m. Genetic counselor: November 1 of each odd-numbered year; $106.

SB634, s. 11 Section 11. Subchapter VIII of chapter 448 [precedes 448.970] of the statutes is created to read:

SB634,5,5 chapter 448

SB634,5,6 subchapter VIII

SB634,5,8 genetic counselors affiliated credentialing board

SB634,5,9 448.970 Definitions. In this subchapter:

SB634,5,11 (1) "Affiliated credentialing board" means the genetic counselors affiliated credentialing board.

SB634,5,13 (2) "American Board of Genetic Counseling" includes a successor organization as determined by the affiliated credentialing board.

SB634,5,19 (3) "Genetic counseling" means the interpretation, analysis, integration, and delivery of any of the following to individuals and families to provide guidance about the medical, psychological, and familial implications of genetic contributions to disease; to assess the mode of inheritance and chance of occurrence or recurrence of conditions with a genetic component; or to promote informed choices and adaptations to a risk or condition:

SB634,5,20 (a) Individual and family medical histories.

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.