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18certification with the American Board of Genetic Counseling has been revoked.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:
SB620,14,2
1(1) The treatment of ss. 15.085 (1m) (b) and 15.406 (7) and Section 15 of this
2act take effect on the day after publication.
SB620,14,33 (End)
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