SB620,4,1111
subchapter VIII
SB620,4,1312
genetic counselors affiliated
13
credentialing board
SB620,4,14
14448.970 Definitions. In this subchapter:
SB620,4,18
15(1) “Accreditation Council for Genetic Counseling,” “
American Board of
16Genetic Counseling," “American Board of Medical Genetics and Genomics,” and
17“National Society of Genetic Counselors” include an equivalent successor
18organization as determined by the board.
SB620,4,19
19(2) “Board" means the genetic counselors affiliated credentialing board.
SB620,4,20
20(3) “Genetic counseling” means to do any of the following:
SB620,4,2321
(a) Obtain and evaluate individual, family, and medical histories to determine
22genetic risk for genetic or medical conditions and diseases in a patient, a patient's
23offspring, and other family members.
SB620,5,3
1(b) Discuss the features, natural history, means of diagnosis, genetic and
2environmental factors, and management of risk for genetic or medical conditions and
3diseases.
SB620,5,54
(c) Identify, coordinate, and order genetic laboratory tests and other diagnostic
5studies as appropriate for a genetic assessment.
SB620,5,86
(d) Integrate genetic laboratory test results and other diagnostic studies with
7personal and family medical history to assess and communicate risk factors for
8genetic or medical conditions and diseases.
SB620,5,109
(e) Explain the clinical implications of genetic laboratory tests and other
10diagnostic studies and their results.
SB620,5,1211
(f) Evaluate a patient's or family's responses to the condition or risk of
12recurrence and provide patient-centered counseling and anticipatory guidance.
SB620,5,1413
(g) Provide written documentation of medical, genetic, and counseling
14information for families and health care professionals.
SB620,5,16
15(4) “Genetic counselor" means an individual who is licensed by the board to
16practice genetic counseling.
SB620,5,19
17448.971 License required; exceptions. (1) (a) Except as provided in sub.
18(2), no person may practice genetic counseling unless the person is licensed under
19this subchapter.
SB620,6,220
(b) No person may designate himself or herself as a genetic counselor or use or
21assume the title “genetic associate," “genetic counselor," “licensed genetic counselor,"
22or “registered genetic counselor," or append to the person's name the letters “G.A.,"
23“G.C.," “L.G.C.," or “R.G.C.," or use any insignia or designation that would imply that
24the individual is licensed or certified or registered as a genetic counselor, or claim to
1render genetic counseling services unless the person is licensed under this
2subchapter.
SB620,6,4
3(2) A license is not required under this subchapter for any of the following if
4the person does not claim to be a genetic counselor:
SB620,6,75
(a) Any person, such as a physician, who is lawfully practicing within the scope
6of a license, permit, registration, or certification granted by this state or the federal
7government.
SB620,6,98
(b) Any person assisting a genetic counselor in practice under the direct,
9on-premises supervision of the genetic counselor.
SB620,6,1210
(c) A student of genetic counseling assisting a genetic counselor in the practice
11of genetic counseling if the assistance is within the scope of the student's education
12or training.
SB620,6,1813
(d) A person who is licensed to practice genetic counseling in another state or
14country and who is providing consulting services in this state on a temporary basis,
15as determined by the board by rule, if the person notifies the board that he or she will
16be providing consulting services and of the nature and date of those services and
17receives authorization from the board to provide consulting services on a temporary
18basis under this paragraph.
SB620,6,2119
(e) A person who is not licensed to practice genetic counseling in another state
20or country and who is providing consulting services in this state on a temporary
21basis, as determined by the board by rule, if the person satisfies all of the following:
SB620,6,2322
1. The person is certified by the American Board of Genetic Counseling or the
23American Board of Medical Genetics and Genomics.
SB620,6,2524
2. The person notifies the board that he or she will be providing consulting
25services and of the nature and date of those services.
SB620,7,2
13. The person receives authorization from the board to provide consulting
2services on a temporary basis under this paragraph.
SB620,7,4
3448.973 Duties and powers of board. The board shall promulgate rules to
4do all of the following:
SB620,7,6
5(1) Adopt the National Society of Genetic Counselors code of ethics as a code
6of ethics governing the professional conduct of genetic counselors.
SB620,7,8
7(2) Establish criteria for the approval of continuing education programs and
8courses required for renewal of a genetic counselor license.
SB620,7,10
9(3) Establish requirements for an applicant seeking renewal of a genetic
10counselor license, including that an applicant has satisfied all of the following:
SB620,7,1211
(a) Successfully completed at least 30 hours of continuing education in the prior
122-year period.
SB620,7,1413
(b) Maintained certification from and, if applicable, achieved recertification
14through the American Board of Genetic Counseling.
SB620,7,16
15(4) Adopt a definition of “temporary basis" for purposes of s. 448.971 (2) (d) and
16(e).
SB620,7,19
17448.974 Licensure of genetic counselors. (1) Except as provided in sub.
18(2), the board shall grant a license as a genetic counselor to an applicant who does
19all of the following:
SB620,7,2120
(a) Submits an application for the license to the department on a form provided
21by the department.
SB620,7,2222
(b) Pays the fee specified in s. 440.05 (1).
SB620,7,2423
(c) Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory
24to the board that the applicant does not have an arrest or a conviction record.
SB620,8,2
1(d) Submits evidence satisfactory to the board that he or she has done all of the
2following:
SB620,8,33
1. Satisfied one of the following:
SB620,8,74
a. Successfully completed the academic and clinical requirements of and
5developed the practice-based competencies required by a degree-granting program
6in genetic counseling that is accredited by the Accreditation Council for Genetic
7Counseling or the American Board of Medical Genetics and Genomics.
SB620,8,108
b. Successfully completed a degree-granting program outside of the United
9States that the board determines is substantially equivalent to a program described
10in subd. 1. a.
SB620,8,1311
2. Passed an examination administered by the American Board of Genetic
12Counseling or the genetic counseling examination administered by the American
13Board of Medical Genetics and Genomics.
SB620,8,1514
3. Obtained certification, maintained valid certification, and, if applicable,
15achieved recertification with the American Board of Genetic Counseling.
SB620,8,21
16(2) (a) The board may waive the requirements of sub. (1) (d) if the applicant
17holds an unexpired genetic counselor license issued by another state or territory or
18foreign country or province and the requirements for licensure and for renewal of a
19genetic counselor license of such other state or territory or foreign country or
20province are deemed by the board to be substantially equivalent to the requirements
21for licensure and for renewal of a genetic counselor license of this state.
SB620,8,2322
(b) The board may waive the requirements of sub. (1) (d) if the applicant does
23all of the following:
SB620,8,2524
1. Applies for licensure under sub. (1) by the first day of the 4th month
25beginning after the effective date of this subdivision .... [LRB inserts date].
SB620,9,1
12. Submits evidence satisfactory to the board of all of the following:
SB620,9,32
a. Having at least 10 years of documented work experience practicing genetic
3counseling.
SB620,9,54
b. Having completed, within the previous 5 years, 25 hours of continuing
5education approved by the National Society of Genetic Counselors.
SB620,9,76
3. Submits to the board 2 letters of recommendation, one from a genetic
7counselor and another from a physician.
SB620,9,11
8448.975 Temporary license.
(1) The board may, by rule, provide for a
9temporary license to practice genetic counseling for an applicant who satisfies the
10requirements of s. 448.974 (1) other than the examination requirement under s.
11448.974 (1) (d) 2.
SB620,9,14
12(2) Except as provided in sub. (3), a temporary license issued under this section
13expires upon granting of a license under s 448.974 (1) or on whichever of the following
14dates occurs first:
SB620,9,1615
(a) The date that is one year after the date on which the temporary license was
16granted.
SB620,9,2017
(b) If, after the applicant 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 applicant takes the examination, 30 days after the results
20of the examination are issued by the American Board of Genetic Counseling.
SB620,9,25
21(3) The board may, in its discretion and only once, renew a temporary license
22issued to a person under this section, for a period specified by the board, if the person
23maintains active candidate status with the American Board of Genetic Counseling.
24The board may require an applicant for the renewal of a temporary license to appear
25before a member of the board for an interview.
SB620,10,6
1(4) A person who holds a temporary license issued under this section may not
2practice genetic counseling unless the person is under the supervision and direction
3of a genetic counselor or physician at all times while the person is practicing genetic
4counseling. The board may promulgate rules governing general supervision of a
5person holding a temporary license under this section by a genetic counselor or
6physician.
SB620,10,9
7448.976 Issuance of license; expiration and renewal. (1) The department
8shall issue a certificate of licensure to each person who is licensed under this
9subchapter.
SB620,10,14
10(2) Except as provided in s. 448.975, the renewal dates for licenses granted
11under this subchapter are specified under s. 440.08 (2) (a). Renewal applications
12shall be submitted to the department on a form provided by the department, and
13shall include the renewal fee specified in s. 440.08 (2) (a) and proof of compliance with
14the requirements established by rules promulgated by the board under s. 448.973 (3).
SB620,10,18
15448.977 Disciplinary proceedings and actions. (1) Subject to the rules
16promulgated under s. 440.03 (1), the board may make investigations and conduct
17hearings to determine whether a violation of this subchapter or any rule
18promulgated under this subchapter has occurred.
SB620,10,22
19(2) Subject to the rules promulgated under s. 440.03 (1), the board may
20reprimand a genetic counselor or may deny, limit, suspend, or revoke a license
21granted under this subchapter if it finds that the applicant or genetic counselor has
22done any of the following:
SB620,10,2423
(a) Made a material misstatement in an application for a license or for renewal
24of a license.
SB620,11,2
1(b) Interfered with an investigation or disciplinary proceeding by using threats,
2harassment, or intentional misrepresentation of facts.
SB620,11,43
(c) Subject to ss. 111.321, 111.322, and 111.335, been convicted of an offense the
4circumstances of which substantially relate to the practice of genetic counseling.
SB620,11,55
(d) Been adjudicated mentally incompetent by a court.
SB620,11,66
(e) Advertised in a manner that is false, deceptive, or misleading.
SB620,11,77
(f) Advertised, practiced, or attempted to practice under another's name.
SB620,11,108
(g) Subject to ss. 111.321, 111.322, and 111.34, practiced or assisted in the
9practice of genetic counseling while the applicant's or licensee's ability to practice or
10assist was impaired by alcohol or other drugs.
SB620,11,1211
(h) Engaged in unprofessional or unethical conduct in violation of the code of
12ethics adopted in the rules promulgated under s. 448.973 (1).
SB620,11,1413
(i) Engaged in conduct while practicing genetic counseling that evidences a lack
14of knowledge or ability to apply professional principles or skills.
SB620,11,1515
(j) Violated this subchapter or any rule promulgated under this subchapter.
SB620,11,18
16(3) The board shall revoke the license of a genetic counselor who has failed to
17maintain certification with the American Board of Genetic Counseling or whose
18certification with the American Board of Genetic Counseling has been revoked.
SB620,11,22
19(4) (a) A genetic counselor may voluntarily surrender his or her license to the
20board, which may refuse to accept the surrender if the board has received allegations
21of unprofessional conduct against the genetic counselor. The board may negotiate
22stipulations in consideration for accepting the surrender of licenses.
SB620,11,2423
(b) The board may restore a license that has been voluntarily surrendered
24under par. (a) on such terms and conditions as it considers appropriate.
SB620,12,3
1(5) The board shall prepare and disseminate to the public an annual report that
2describes final disciplinary action taken against genetic counselors during the
3preceding year.
SB620,12,6
4(6) The board may report final disciplinary action taken against a genetic
5counselor to any national database that includes information about disciplinary
6action taken against health care professionals.
SB620,12,11
7448.978 Injunctive relief. If the board has reason to believe that any person
8is violating this subchapter or any rule promulgated under this subchapter, the
9board, the department, the attorney general, or the district attorney of the proper
10county may investigate and may, in addition to any other remedies, bring an action
11in the name and on behalf of this state to enjoin the person from the violation.
SB620,12,14
12448.979 Penalties. Any person who violates this subchapter or any rule
13promulgated under this subchapter may be fined not more than $10,000 or
14imprisoned for not more than 9 months or both.
SB620,12
15Section
12. 448.970 of the statutes is renumbered 448.9695.
SB620,13
16Section
13. Subchapter VIII (title) of chapter 448 [precedes 448.980] of the
17statutes is renumbered subchapter IX (title) of chapter 448 [precedes 448.980].
SB620,14
18Section
14. 450.10 (3) (a) 5. of the statutes is amended to read:
SB620,12,2119
450.10
(3) (a) 5. A physician, physician assistant, podiatrist, physical
20therapist, physical therapist assistant, occupational therapist,
or occupational
21therapy assistant
, or genetic counselor licensed under ch. 448.
SB620,15
22Section
15
.
Nonstatutory provisions.
SB620,12,2523
(1)
Initial appointments. Notwithstanding the lengths of the terms specified
24in s. 15.406 (7) (intro.), the initial members of the genetic counselors affiliated
25credentialing board shall be initially appointed for the following terms:
SB620,13,3
1(a) One genetic counselor and one person licensed to practice medicine and
2surgery under subch. II of ch. 448 who is a clinical geneticist, for terms expiring on
3July 1, 2022.
SB620,13,54
(b) One genetic counselor and one person licensed to practice medicine and
5surgery under subch. II of ch. 448, for terms expiring on July 1, 2023.
SB620,13,76
(c) Two genetic counselors and one public member, for terms expiring on July
71, 2024.
SB620,13,148
(2)
Qualifications of initial members of the genetic counselors affiliated
9credentialing board. Notwithstanding s. 15.406 (7), an initial member of the genetic
10counselors affiliated credentialing board appointed under s. 15.406 (7) is not
11required to be a licensed genetic counselor under s. 448.974, if the appointment
12occurs before the date specified in
Section 16 (intro.) of this act and at the time of
13the appointment the individual holds a valid certification issued by the American
14Board of Genetic Counseling, as defined in s. 448.970 (1).
SB620,13,2215
(3)
Rule making. Using the procedure under s. 227.24, the genetic counselors
16affiliated credentialing board may promulgate rules required under s. 448.973, for
17the period before permanent rules take effect, but not to exceed the period authorized
18under s. 227.24 (1) (c) and (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the
19genetic counselors affiliated credentialing board is not required to provide evidence
20that promulgating a rule under this subsection as an emergency rule is necessary for
21the preservation of the public peace, health, safety, or welfare and is not required to
22provide a finding of emergency for a rule promulgated under this subsection.
SB620,16
23Section
16
.
Effective dates. This act takes effect on the first day of the 13th
24month beginning after publication except as follows: