December 19, 2019 - Introduced by Senators Darling, Olsen,
Carpenter,
Johnson, Wirch, Bernier and Larson, cosponsored by Representatives
Steffen, Born, Brostoff, Anderson, Duchow, Kitchens, Krug, Spiros,
Kuglitsch, Doyle and James. Referred to Committee on Health and Human
Services.
SB620,1,8
1An Act to renumber 252.14 (1) (ar) 4q., 448.970 and subchapter VIII (title) of
2chapter 448 [precedes 448.980];
to amend 15.085 (1m) (b), 146.997 (1) (d) 4.,
3155.01 (7) and 450.10 (3) (a) 5.; and
to create 15.406 (7), 48.981 (2) (a) 20m.,
4146.81 (1) (eu), 252.14 (1) (ar) 4s., 440.03 (13) (b) 30m., 440.08 (2) (a) 37m. and
5subchapter VIII of chapter 448 [precedes 448.970] of the statutes;
relating to:
6the regulation and licensure of genetic counselors, creating a genetic counselors
7affiliated credentialing board, providing an exemption from emergency rule
8procedures, granting rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill provides for regulation and licensing for the practice of genetic
counseling.
Under the bill, subject to certain exceptions, no one may practice genetic
counseling, as defined in the bill, or use the title “genetic counselor” or make similar
representations without a license to practice genetic counseling. A license is granted
by the seven-member Genetic Counselors Affiliated Credentialing Board, created in
the bill. Under the bill, the board is attached for limited purposes to the Medical
Examining Board, which regulates physicians and certain other professions.
Under the bill, the board may grant an initial license to a person who has
successfully completed academic requirements for genetic counseling specified in
the bill, has passed an examination specified in the bill, is certified by the American
Board of Genetic Counseling, does not have an arrest or conviction record, and pays
a fee. The bill also allows the board, for three months after the requirement in the
bill to obtain a license goes into effect, to grant an initial license to practice genetic
counseling to certain individuals who cannot satisfy all of the requirements
described above but who satisfy certain experience and other requirements.
Biennial renewal of a license requires completion of at least 30 hours of continuing
education and maintenance of certification or recertification through the American
Board of Genetic Counseling. The bill also includes provisions for the unlicensed
temporary practice of genetic counseling and temporary licenses to practice genetic
counseling.
The bill requires the board to promulgate rules to adopt the National Society
of Genetic Counselors code of ethics to govern the professional conduct of genetic
counselors, establish licensure renewal requirements, and establish criteria for the
approval of continuing education programs and courses.
The bill includes provisions for the professional discipline of licensees, which
allow the board to take certain actions against a licensee who violates certain
prohibitions in the bill.
Finally, the bill also applies certain other laws, such as the law providing for
confidentiality of health care records and the health care workers whistleblowers
protection law, to licensed genetic counselors.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
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:
SB620,1
1Section
1. 15.085 (1m) (b) of the statutes is amended to read:
SB620,2,52
15.085
(1m) (b) The public members of the podiatry affiliated credentialing
3board
, or occupational therapists affiliated credentialing board
, or genetic
4counselors affiliated credentialing board shall not be engaged in any profession or
5occupation concerned with the delivery of physical or mental health care.
SB620,2
6Section
2. 15.406 (7) of the statutes is created to read:
SB620,3,27
15.406
(7) Genetic counselors affiliated credentialing board. There is
8created in the department of safety and professional services, attached to the medical
1examining board, a genetic counselors affiliated credentialing board consisting of the
2following members appointed for 4-year terms:
SB620,3,33
(a) Four genetic counselors who are licensed under subch. VIII of ch. 448.
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(b) Two members who are licensed to practice medicine and surgery under
5subch. II of ch. 448, at least one of whom is a clinical geneticist.
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(c) One public member.
SB620,3
7Section
3. 48.981 (2) (a) 20m. of the statutes is created to read:
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48.981
(2) (a) 20m. A genetic counselor.
SB620,4
9Section
4. 146.81 (1) (eu) of the statutes is created to read:
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146.81
(1) (eu) A genetic counselor licensed under subch. VIII of ch. 448.
SB620,5
11Section
5. 146.997 (1) (d) 4. of the statutes is amended to read:
SB620,3,1312
146.997
(1) (d) 4. A physician, podiatrist, perfusionist, physical therapist,
or 13physical therapist assistant
, or genetic counselor licensed under ch. 448.
SB620,6
14Section
6. 155.01 (7) of the statutes is amended to read:
SB620,3,2415
155.01
(7) “Health care provider" means a nurse licensed or permitted under
16ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a
17physician, physician assistant, perfusionist, podiatrist, physical therapist, physical
18therapist assistant, occupational therapist,
or occupational therapy assistant
, or
19genetic counselor licensed under ch. 448, a person practicing Christian Science
20treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch.
21455, a partnership thereof, a corporation or limited liability company thereof that
22provides health care services, a cooperative health care association organized under
23s. 185.981 that directly provides services through salaried employees in its own
24facility, or a home health agency, as defined in s. 50.49 (1) (a).
SB620,7
25Section
7. 252.14 (1) (ar) 4q. of the statutes is renumbered 252.14 (1) (ar) 4n.
SB620,8
1Section
8. 252.14 (1) (ar) 4s. of the statutes is created to read:
SB620,4,22
252.14
(1) (ar) 4s. A genetic counselor licensed under subch. VIII of ch. 448.
SB620,9
3Section
9. 440.03 (13) (b) 30m. of the statutes is created to read:
SB620,4,44
440.03
(13) (b) 30m. Genetic counselor.
SB620,10
5Section
10. 440.08 (2) (a) 37m. of the statutes is created to read:
SB620,4,76
440.08
(2) (a) 37m. Genetic counselor: November 1 of each odd-numbered year;
7$106.
SB620,11
8Section
11. Subchapter VIII of chapter 448 [precedes 448.970] of the statutes
9is created to read:
SB620,4,1111
subchapter VIII
SB620,4,1312
genetic counselors affiliated
13
credentialing board
SB620,4,14
14448.970 Definitions. In this subchapter:
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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.
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19(2) “Board" means the genetic counselors affiliated credentialing board.
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20(3) “Genetic counseling” means to do any of the following:
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(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.
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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.
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(c) Identify, coordinate, and order genetic laboratory tests and other diagnostic
5studies as appropriate for a genetic assessment.
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(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.
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(e) Explain the clinical implications of genetic laboratory tests and other
10diagnostic studies and their results.
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(f) Evaluate a patient's or family's responses to the condition or risk of
12recurrence and provide patient-centered counseling and anticipatory guidance.
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(g) Provide written documentation of medical, genetic, and counseling
14information for families and health care professionals.
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15(4) “Genetic counselor" means an individual who is licensed by the board to
16practice genetic counseling.
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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.
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(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:
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(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.
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(b) Any person assisting a genetic counselor in practice under the direct,
9on-premises supervision of the genetic counselor.
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(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.
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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.
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(b) Pays the fee specified in s. 440.05 (1).
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(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.
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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.