CR 23-061 Rule Text

STATE OF WISCONSIN

GENETIC COUNSELORS AFFILIATED CREDENTIALING BOARD

IN THE MATTER OF RULEMAKING   :   ORDER OF THE GENETIC

PROCEEDINGS BEFORE THE     :   COUNSELORS AFFILIATED

GENETIC COUNSELORS AFFILIATED   :   CREDENTIALING BOARD

CREDENTIALING BOARD       :   ADOPTING RULES

            :   (CLEARINGHOUSE RULE 23-061)

ORDER

An order of the Genetic Counselors Affiliated Credentialing Board to create Gen Couns 1 to 4, relating to Genetic Counselors.

Analysis prepared by the Department of Safety and Professional Services.

ANALYSIS

Statutes interpreted: subch. VIII ch. 448, Wis. Stats.

Statutory authority: ss. 15.085 (5) (b), 448.9703, and 448.9705 (1), Stats.

Explanation of agency authority:

Section 15.085 (5) (b) states that “[each affiliated credentialing board] shall promulgate rules for its own guidance and for the guidance of the trader or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.”

Section 448.9703 states that: “the board shall promulgate rules to do all of the following:

1) Adopt the National Society of Genetic Counselors code of ethics governing the professional conduct of genetic counselors.

2) Establish criteria for the approval of continuing education program and courses required for renewal of a genetic counselor license.

3) Establish requirements for an applicant seeking renewal of a genetic counselor license, including that an applicant has satisfied all of the following:

a) Successfully completed at least 30 hours of continuing education in the prior 2-year period.

b) Maintained certification from and, if applicable, achieved recertification through the American Board of Genetic Counseling.

4) Adopt a definition of “temporary basis” for purposes of s. 448.9701 (2) (d) and (e).”

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: