Section 448.9705 (1) states that: “the board may, by rule, provide for a temporary license to practice genetic counseling for an applicant who satisfies the requirements of s. 448.9704 (1) other than the examination requirements under s. 448.9704 (1) (d) (2).” Related statute or rule: None.
Plain language analysis: The objective of this rule is to implement the statutory changes from 2021 Wisconsin Act 251 by creating chapters Gen Couns 1 to 4 as a new part of the Wisconsin Administrative Code. These new chapters cover the licensure, renewal, practice, and conduct requirements for Genetic Counselors. The rule also requires Attorney General approval to incorporate the National Society of Genetic Counselors Code of Ethics by reference into s. Gen Couns 1.02. Such approval will be requested by the Board prior to the submission of the final rule to the Governor’s Office and Legislature. Summary of, and comparison with, existing or proposed federal regulation: None.
Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule: N/A.
Comparison with rules in adjacent states:
Illinois: Genetic Counselors in Illinois are licensed through the Illinois Department of Financial and Professional Regulation. The Genetic Counselor Licensing Act governs the practice of genetic counselors in Illinois and includes statutory direction regarding genetic counselor examination, temporary licensure, endorsement, and grounds for disciplinary action [225 Illinois Compiled Statutes ch. 135]. Genetic Counselors in Illinois are required to complete 30 hours of continuing education per 2-year license renewal cycle [Illinois Administrative Code Title 68 Part 1251 s. 1251.100]. Part 1251 of the Illinois Administrative Code further details rules for genetic counselors in the areas of licensure, examination, and granting variances. [Illinois Administrative Code Title 68 Part 1251 s. 1251.10 to 1251.110].
Iowa: Genetic Counselors in Iowa are licensed through the Iowa Board of Medicine. Chapter 148H of the Iowa Code governs the practice of genetic counselors in Iowa and includes statutes on licensure and grants administrative rulemaking authority to their Board [Iowa Code ch. 148H]. Chapter 20 of the Medicine Board Section 653 of the Iowa Administrative Code further details rules for genetic counselors in the areas of licensure, practice, continuing education, and discipline. Each licensee is required to complete at least 30 hours of continuing education approved by the board per biennium. [653 Iowa Administrative Code ch. 20].
Michigan: Genetic Counselors in Michigan are licensed through the Michigan Department of Licensing and Regulatory Affairs. Part 170 of The Public Health Code Act 368 governs the practice of genetic counselors in Michigan. This section of the Michigan Compiled Laws includes requirements for genetic counselors regarding licensure, practice, continuing education, and standards of practice. The Michigan Board of Medicine is also responsible for the regulation of Genetic Counselors in Michigan. The board may require each licensee to provide evidence of completion of at least 75 hours within the three years immediately preceding the application for license renewal [Michigan Compiled Laws ss. 333.17091 to 333.17097]. Minnesota: Genetic Counselors in Minnesota are licensed through the Minnesota Board of Medical Practice. Chapter 147F of the Minnesota Statutes includes requirements for scope of practice, licensure requirements, grounds for disciplinary action, and continuing education. Genetic Counselors in Minnesota must either meet the licensure standards or provide evidence of completion of at least 25 hours of National Society of Genetic Counselors (NSGC) or American Board of Medical Genetics (ABMG) approved continuing education within the two years preceding renewal [Minnesota Statutes ch. 147F]. Summary of factual data and analytical methodologies:
The Board reviewed the statutory changes from 2021 Wisconsin Act 251 and promulgated rules as needed for the profession. While promulgating these rules, the Board referenced Wisconsin Administrative Code chs. MPSW 20, OT 4 and 5, PA 3, and Pod 2 and 8, among other sources. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The proposed rule was posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals. No comments were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Jennifer.Garrett@wisconsin.gov, or by calling (608) 266-2112. Agency contact person:
Nilajah Hardin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366; telephone 608-267-7139; email at DSPSAdminRules@wisconsin.gov. TEXT OF RULE
Section 1. Chapters Gen Couns 1 to 4 are created to read: AUTHORITY, ADOPTION OF STANDARDS, AND DEFINITIONS
Gen Couns 1.01 Authority. The rules in chapters Gen Couns 1 to 4 are adopted by the genetic counselors affiliated credentialing board pursuant to the authority delegated by ss. 15.85 (5) (b), 448.9703, and 448.9705 (1), Stats. Gen Couns 1.02 Adoption of Standards. (1) The National Society of Genetic Counselors code of ethics, issued in April 2017, is incorporated by reference into chs. Gen Couns 1 to 4. Note: Copies of the above standards are on file in the office of the department and the legislative reference bureau. A copy of the National Society of Genetic Counselors code of ethics can be retrieved from: https://nsgc.org. (2) Pursuant to s. 448.9707 (2) (h), Stats., failure to comply with the National Society of Genetic Counselors code of ethics may result in discipline by the board. Gen Couns 1.03 Definitions. As used in chapters Gen Couns 1 to 4:
(1)
“Board” means the genetic counselors affiliated credentialing board.(2)
“Consulting services” means services provided to a patient on a temporary basis by an unlicensed person or person who is licensed in another state or country in consultation with a Wisconsin licensed genetic counselor or physician.(3)
“Department” means the department of safety and professional services.(4)
“Genetic counseling” has the meaning given in s. 448.970 (3), Stats.(5)
“Genetic counselor” means an individual who is licensed by the board to practice genetic counseling.(6)
“Temporary basis” means three months from the date you submit notification to the board. After those three months, regular licensure is required. Note: The definition above does not apply to those individuals who hold a temporary license under s. 448.9705, Stats. LICENSE TO PRACTICE GENETIC COUNSELING
Gen Couns 2.01 Initial Licensure.:
(1)
Except as provided in sub. (2), the board shall grant a license as a genetic counselor to an applicant who does all of the following:(a)
Submits a completed application form.Note: Instructions for applications are available from the department of safety and professional services’ website at http://dsps.wi.gov. (b)
Pays the fee determined by the department under s. 440.05 (1), Stats.(c)
Subject to ss. 111.321, 111.322, and 111.335, Stats., submits evidence satisfactory to the board that the applicant does not have an arrest or conviction record.(d)
Submits evidence satisfactory to the board of one of the following:1.
Successful completion of the academic and clinical requirements of and developed the practice-based competencies required by a degree-granting program in genetic counseling that is accredited by the Accreditation Council for Genetic Counseling or the American Board of Medical Genetics and Genomics.2.
Successful completion of a degree-granting program outside of the United States that the board determines is substantially equivalent to a program described in sub. (d) 1.(e)
Submits evidence satisfactory to the board of having successfully passed an examination administered by the American Board of Genetic Counseling or the genetic counseling examination administered by the American Board of Medical Genetics and Genomics.(f)
Submits evidence of current certification with the American Board of Genetic Counseling.(2)
The board may waive the requirements of subs. (1) (d), (e), and (f) if the applicant holds an unexpired genetic counselor license issued by another state, territory, foreign country, or province and the requirements for licensure and for renewal of a genetic counselor license of the other state, territory, foreign country, or province are deemed by the board to be substantially equivalent to the requirements for licensure and for renewal of a genetic counselor of this state.Gen Couns 2.02 Temporary Licensure. (1) The board may issue a temporary license to an applicant who has completed all of the following:
(a)
Submits a completed application for licensure and a completed application for a temporary license.Note: Instructions for applications are available from the department of safety and professional services’ website at http://dsps.wi.gov. (b)
Pays the fee determined by the department under s. 440.05 (1), Stats.(c)
Submits evidence of completion of the education requirements from s. 2.01 (d).(d)
Submits evidence of current active candidate status with the American Board of Genetic Counseling.(e)
Subject to ss. 111.321, 111.322, and 111.335, Stats., submits evidence satisfactory to the board that the applicant does not have an arrest or conviction record.(2)
A person granted a temporary license to practice genetic counseling under this section shall practice at all times under the supervision and direction of a licensed genetic counselor or physician.(3)
Except as provided in sub. (4), a temporary license issued under this section expires upon granting of a license under s. 448.9704 (1), Stats. or on whichever of the following dates occurs first:(a) The date that is one year after the date on which the temporary license was granted.
(b)The date that is 30 days after the American Board of Genetic Counseling issues the results of the examination under s. 448.9704 (1) (d) 2., Stats. (4) The board may grant a one time renewal of a temporary license, for a period specified by the board, if the person maintains active candidate status with the American Board of Genetic Counseling.
