LRB-2517/1
KP:kjf
2021 - 2022 LEGISLATURE
March 31, 2021 - Introduced by Senators Testin, Darling, Erpenbach, Johnson,
Larson, Pfaff and Wirch, cosponsored by Representatives Steffen, Rozar,
Brostoff, Billings, Cabral-Guevara, Dittrich, Duchow, Goyke, Kitchens,
Kuglitsch, Skowronski, Tittl and Wichgers. Referred to Committee on
Insurance, Licensing and Forestry.
SB259,1,11 1An Act to renumber 252.14 (1) (ar) 4q., 448.970, subchapter VIII (title) of
2chapter 448 [precedes 448.980] and subchapter IX (title) of chapter 448
3[precedes 448.985]; to amend 15.085 (1m) (b), 49.45 (9r) (a) 7. b., 146.81 (1) (dg),
4146.997 (1) (d) 4., 155.01 (7), 252.14 (1) (ar) 4e., 446.01 (1v) (d), 448.956 (1m),
5448.956 (4), 450.10 (3) (a) 5., 451.02 (1) and 462.04; and to create 15.406 (7),
648.981 (2) (a) 20m., 146.81 (1) (eu), 252.14 (1) (ar) 4s., 440.03 (13) (b) 30m.,
7440.08 (2) (a) 37m. and subchapter VIII of chapter 448 [precedes 448.970] of the
8statutes; relating to: the regulation and licensure of genetic counselors,
9creating a genetic counselors affiliated credentialing board, providing an
10exemption from emergency rule procedures, granting rule-making authority,
11and 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:
SB259,1 1Section 1. 15.085 (1m) (b) of the statutes is amended to read:
SB259,2,52 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.
SB259,2
1Section 2. 15.406 (7) of the statutes is created to read:
SB259,3,52 15.406 (7) Genetic counselors affiliated credentialing board. There is
3created in the department of safety and professional services, attached to the medical
4examining board, a genetic counselors affiliated credentialing board consisting of the
5following members appointed for 4-year terms:
SB259,3,66 (a) Four genetic counselors who are licensed under subch. VIII of ch. 448.
SB259,3,87 (b) Two members who are licensed to practice medicine and surgery under
8subch. II of ch. 448, at least one of whom is a clinical geneticist.
SB259,3,99 (c) One public member.
SB259,3 10Section 3. 48.981 (2) (a) 20m. of the statutes is created to read:
SB259,3,1111 48.981 (2) (a) 20m. A genetic counselor.
SB259,4 12Section 4. 49.45 (9r) (a) 7. b. of the statutes is amended to read:
SB259,3,1413 49.45 (9r) (a) 7. b. A physical therapist who is licensed under subch. III of ch.
14448 or who holds a compact privilege under subch. IX X of ch. 448.
SB259,5 15Section 5. 146.81 (1) (dg) of the statutes is amended to read:
SB259,3,1816 146.81 (1) (dg) A physical therapist or physical therapist assistant who is
17licensed under subch. III of ch. 448 or who holds a compact privilege under subch.
18IX X of ch. 448.
SB259,6 19Section 6. 146.81 (1) (eu) of the statutes is created to read:
SB259,3,2020 146.81 (1) (eu) A genetic counselor licensed under subch. VIII of ch. 448.
SB259,7 21Section 7. 146.997 (1) (d) 4. of the statutes is amended to read:
SB259,3,2522 146.997 (1) (d) 4. A physician, podiatrist, or perfusionist, physical therapist,
23or physical therapist assistant, or genetic counselor licensed under ch. 448 or a
24physical therapist or physical therapist assistant who holds a compact privilege
25under subch. IX X of ch. 448.
SB259,8
1Section 8. 155.01 (7) of the statutes is amended to read:
SB259,4,132 155.01 (7) “Health care provider" means a nurse licensed or permitted under
3ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a
4physician, physician assistant, perfusionist, podiatrist, physical therapist, physical
5therapist assistant, occupational therapist, or occupational therapy assistant, or
6genetic counselor
licensed under ch. 448, a person practicing Christian Science
7treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch.
8455, a physical therapist or physical therapist assistant who holds a compact
9privilege under subch. IX X of ch. 448, a partnership thereof, a corporation or limited
10liability company thereof that provides health care services, a cooperative health
11care association organized under s. 185.981 that directly provides services through
12salaried employees in its own facility, or a home health agency, as defined in s. 50.49
13(1) (a).
SB259,9 14Section 9. 252.14 (1) (ar) 4e. of the statutes is amended to read:
SB259,4,1715 252.14 (1) (ar) 4e. A physical therapist or physical therapist assistant who is
16licensed under subch. III of ch. 448 or who holds a compact privilege under subch.
17IX X of ch. 448.
SB259,10 18Section 10. 252.14 (1) (ar) 4q. of the statutes is renumbered 252.14 (1) (ar) 4n.
SB259,11 19Section 11. 252.14 (1) (ar) 4s. of the statutes is created to read:
SB259,4,2020 252.14 (1) (ar) 4s. A genetic counselor licensed under subch. VIII of ch. 448.
SB259,12 21Section 12. 440.03 (13) (b) 30m. of the statutes is created to read:
SB259,4,2222 440.03 (13) (b) 30m. Genetic counselor.
SB259,13 23Section 13. 440.08 (2) (a) 37m. of the statutes is created to read:
SB259,4,2424 440.08 (2) (a) 37m. Genetic counselor: November 1 of each odd-numbered year.
SB259,14 25Section 14. 446.01 (1v) (d) of the statutes is amended to read:
SB259,5,3
1446.01 (1v) (d) Physical therapy examining board under subch. III of ch. 448.
2“Health care professional” also includes an individual who holds a compact privilege
3under subch. IX X of ch. 448.
SB259,15 4Section 15. 448.956 (1m) of the statutes is amended to read:
SB259,5,115 448.956 (1m) Subject to sub. (1) (a), a licensee may provide athletic training
6to an individual without a referral, except that a licensee may not provide athletic
7training as described under s. 448.95 (5) (d) or (e) in an outpatient rehabilitation
8setting unless the licensee has obtained a written referral for the individual from a
9practitioner licensed or certified under subch. II, III, IV, V, or VII of this chapter;
10under ch. 446; or under s. 441.16 (2) or from a practitioner who holds a compact
11privilege under subch. IX X of ch. 448.
SB259,16 12Section 16. 448.956 (4) of the statutes is amended to read:
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