Bill Text: IA HF444 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act providing for the licensure of genetic counselors, making penalties applicable, and including effective date and implementation provisions. (Formerly HSB 77.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-03-12 - Withdrawn. H.J. 566. [HF444 Detail]
Download: Iowa-2017-HF444-Introduced.html
House File 444 - Introduced HOUSE FILE BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 77) A BILL FOR 1 An Act providing for the licensure of genetic counselors, 2 making penalties applicable, and including effective date 3 and implementation provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2123HV (2) 87 tr/nh PAG LIN 1 1 Section 1. Section 147.1, subsections 3 and 6, Code 2017, 1 2 are amended to read as follows: 1 3 3. "Licensed" or "certified", when applied to a physician 1 4 and surgeon, podiatric physician, osteopathic physician and 1 5 surgeon, genetic counselor, physician assistant, psychologist, 1 6 chiropractor, nurse, dentist, dental hygienist, dental 1 7 assistant, optometrist, speech pathologist, audiologist, 1 8 pharmacist, physical therapist, physical therapist assistant, 1 9 occupational therapist, occupational therapy assistant, 1 10 orthotist, prosthetist, pedorthist, respiratory care 1 11 practitioner, practitioner of cosmetology arts and sciences, 1 12 practitioner of barbering, funeral director, dietitian, marital 1 13 and family therapist, mental health counselor, respiratory 1 14 care and polysomnography practitioner, polysomnographic 1 15 technologist, social worker, massage therapist, athletic 1 16 trainer, acupuncturist, nursing home administrator, hearing 1 17 aid specialist, or sign language interpreter or transliterator 1 18 means a person licensed under this subtitle. 1 19 6. "Profession" means medicine and surgery, podiatry, 1 20 osteopathic medicine and surgery, genetic counseling, practice 1 21 as a physician assistant, psychology, chiropractic, nursing, 1 22 dentistry, dental hygiene, dental assisting, optometry, speech 1 23 pathology, audiology, pharmacy, physical therapy, physical 1 24 therapist assisting, occupational therapy, occupational therapy 1 25 assisting, respiratory care, cosmetology arts and sciences, 1 26 barbering, mortuary science, marital and family therapy, mental 1 27 health counseling, polysomnography, social work, dietetics, 1 28 massage therapy, athletic training, acupuncture, nursing 1 29 home administration, practice as a hearing aid specialist, 1 30 sign language interpreting or transliterating, orthotics, 1 31 prosthetics, or pedorthics. 1 32 Sec. 2. Section 147.2, subsection 1, Code 2017, is amended 1 33 to read as follows: 1 34 1. A person shall not engage in the practice of medicine 1 35 and surgery, podiatry, osteopathic medicine and surgery, 2 1 genetic counseling, psychology, chiropractic, physical 2 2 therapy, physical therapist assisting, nursing, dentistry, 2 3 dental hygiene, dental assisting, optometry, speech pathology, 2 4 audiology, occupational therapy, occupational therapy 2 5 assisting, orthotics, prosthetics, pedorthics, respiratory 2 6 care, pharmacy, cosmetology arts and sciences, barbering, 2 7 social work, dietetics, marital and family therapy or 2 8 mental health counseling, massage therapy, mortuary science, 2 9 polysomnography, athletic training, acupuncture, nursing 2 10 home administration, or sign language interpreting or 2 11 transliterating, or shall not practice as a physician assistant 2 12 or a hearing aid specialist, unless the person has obtained a 2 13 license for that purpose from the board for the profession. 2 14 Sec. 3. Section 147.13, subsection 1, Code 2017, is amended 2 15 to read as follows: 2 16 1. For medicine and surgery, osteopathic medicine and 2 17 surgery,andacupuncture, and genetic counseling, the board of 2 18 medicine. 2 19 Sec. 4. Section 147.74, Code 2017, is amended by adding the 2 20 following new subsection: 2 21 NEW SUBSECTION. 23A. A genetic counselor licensed under 2 22 chapter 148H may use the words "genetic counselor" or "licensed 2 23 genetic counselor" or corresponding abbreviations after the 2 24 person's name. 2 25 Sec. 5. NEW SECTION. 148H.1 Definitions. 2 26 1. "Active candidate status" means a person has met the 2 27 requirements established by the American board of genetic 2 28 counseling or its equivalent or successor organization to 2 29 take the American board of genetic counseling certification 2 30 examination in general genetics and genetic counseling or its 2 31 equivalent or successor examination and has been granted this 2 32 designation by the American board of genetic counseling or its 2 33 equivalent or successor organization. 2 34 2. "Board" means the board of medicine. 2 35 3. "Genetic counseling" means the provision of services by 3 1 an individual who qualifies for a license under this chapter. 3 2 4. "Genetic counseling intern" means a student enrolled in 3 3 a genetic counseling program accredited by the accreditation 3 4 council for genetic counseling or its equivalent or successor 3 5 organization, the American board of medical genetics and 3 6 genomics or its equivalent or successor organization. 3 7 5. "Genetic counselor" means an individual who is licensed 3 8 under this chapter to engage in the practice of genetic 3 9 counseling. 3 10 6. "Qualified supervisor" means any person who is a genetic 3 11 counselor licensed under this chapter, a physician licensed 3 12 under chapter 148, or an advanced registered nurse practitioner 3 13 licensed under chapter 152. 3 14 7. "Supervision" means supervision by a qualified supervisor 3 15 who has the overall responsibility of assessing the work of 3 16 a provisional licensee, provided that an annual supervision 3 17 contract signed by the qualified supervisor and the provisional 3 18 licensee is on file with both parties. "Supervision" does 3 19 not require the qualified supervisor's presence during the 3 20 performance of services. 3 21 Sec. 6. NEW SECTION. 148H.2 Scope of practice. 3 22 A person licensed under this chapter may do any of the 3 23 following: 3 24 1. Obtain and evaluate individual, family, and medical 3 25 histories to determine genetic risk for genetic and medical 3 26 conditions and diseases in a patient, the patient's offspring, 3 27 and other family members. 3 28 2. Discuss the features, history, means of diagnosis, 3 29 genetic and environmental factors, and management of risk for 3 30 genetic and medical conditions and diseases. 3 31 3. Identify, order, and coordinate genetic laboratory tests 3 32 and other diagnostic studies as appropriate for the genetic 3 33 assessment of a patient. 3 34 4. Refer a patient to a specialty or subspecialty department 3 35 as necessary for the purpose of collaborating on diagnosis and 4 1 treatment involving multiple body systems and general medical 4 2 management. 4 3 5. Integrate genetic laboratory test results and other 4 4 diagnostic studies with personal and family medical history to 4 5 assess and communicate risk factors for genetic and medical 4 6 conditions and diseases. 4 7 6. Explain the clinical implications of genetic laboratory 4 8 tests and other diagnostic studies and their results. 4 9 7. Evaluate the responses of a patient or patient's 4 10 family to the condition or risk of recurrence and provide 4 11 patient=centered genetic counseling and anticipatory guidance. 4 12 8. Identify and utilize community resources that provide 4 13 medical, educational, financial, and psychosocial support and 4 14 advocacy. 4 15 9. Provide written documentation of medical, genetic, 4 16 and counseling information for families and health care 4 17 professionals. 4 18 Sec. 7. NEW SECTION. 148H.3 Qualifications for licensure ==== 4 19 provisional licensure ==== fees. 4 20 1. Each applicant for licensure under this chapter shall: 4 21 a. Submit an application form as prescribed by the board. 4 22 b. Pay a licensing fee as determined by the board. 4 23 c. Provide satisfactory evidence of certification as a 4 24 genetic counselor by the American board of genetic counseling 4 25 or its equivalent or successor organization, the American board 4 26 of medical genetics and genomics or its equivalent or successor 4 27 organization, or as a medical geneticist by the American board 4 28 of medical genetics and genomics or its equivalent or successor 4 29 organization. 4 30 2. A license shall be issued for a two=year period upon 4 31 payment of the licensing fee and shall be renewed upon the 4 32 filing of a renewal application and renewal fee as prescribed 4 33 by the board. 4 34 3. A licensee shall maintain active certification as a 4 35 genetic counselor by the American board of genetic counseling 5 1 or its equivalent or successor organization, the American board 5 2 of medical genetics and genomics or its equivalent or successor 5 3 organization, or as a medical geneticist by the American 5 4 board of medical genetics and genomics, or its equivalent or 5 5 successor organization. 5 6 4. a. The board may issue a provisional license to an 5 7 applicant who meets all of the requirements for licensure 5 8 except for the certification component and who has been granted 5 9 active candidate status by the American board of genetic 5 10 counseling or its equivalent or successor organization. 5 11 b. The applicant shall submit a provisional license 5 12 application form prescribed by the board and pay a fee as 5 13 determined by the board. 5 14 c. A provisional license shall expire upon the earlier of 5 15 issuance of a full license by the board or the loss of active 5 16 candidate status from the American board of genetic counseling 5 17 or its equivalent or successor organization by the holder of 5 18 the provisional license. 5 19 d. A person with a provisional license shall only practice 5 20 genetic counseling under the supervision of a qualified 5 21 supervisor. 5 22 5. The fees established and collected by the board 5 23 pursuant to this section shall be sufficient to administer the 5 24 provisions of this chapter. 5 25 Sec. 8. NEW SECTION. 148H.4 Scope of chapter. 5 26 This chapter shall not be construed to apply to any of the 5 27 following: 5 28 1. A physician or surgeon or an osteopathic physician or 5 29 surgeon licensed under chapter 148, a registered nurse or an 5 30 advanced registered nurse practitioner licensed under chapter 5 31 152, a physician assistant licensed under chapter 148C, or 5 32 other persons licensed under chapter 147 when acting within the 5 33 scope of the person's profession and doing work of a nature 5 34 consistent with the person's education and training. 5 35 2. A person who is certified by the American board of 6 1 medical genetics and genomics or its equivalent or successor 6 2 organization as a doctor of philosophy and is not a genetic 6 3 counselor licensed pursuant to this chapter. 6 4 3. A person employed as a genetic counselor by the federal 6 5 government or an agency thereof if the person provides genetic 6 6 counseling services solely under the direction and control of 6 7 the entity by which the person is employed. 6 8 4. A genetic counseling intern. 6 9 Sec. 9. NEW SECTION. 148H.5 Continuing education. 6 10 An applicant for renewal of a license under this chapter 6 11 shall submit satisfactory evidence to the board that in the 6 12 period since the license was issued or last renewed, the 6 13 applicant has completed thirty hours of national society of 6 14 genetic counselors or its equivalent or successor organization 6 15 or American board of medical genetics and genomics or its 6 16 equivalent or successor organization continuing education units 6 17 as approved by the board. 6 18 Sec. 10. NEW SECTION. 148H.6 Rules == authority of board. 6 19 The board shall adopt rules consistent with this chapter and 6 20 chapters 147 and 148 which are necessary for the performance 6 21 of its duties under this chapter. The board may consult with 6 22 genetic counselors during an investigative or disciplinary 6 23 proceeding as it deems necessary. 6 24 Sec. 11. NEW SECTION. 148H.7 Licensee discipline. 6 25 1. In addition to the grounds for revocation or suspension 6 26 referred to in section 147.55 and in accordance with the 6 27 disciplinary process established for the board by section 6 28 148.6, the board may discipline a person licensed under this 6 29 chapter who is guilty of any of the following acts or offenses: 6 30 a. Conviction of a felony under state or federal law or 6 31 commission of any other offense involving moral turpitude. 6 32 b. Having been adjudged mentally ill or incompetent by a 6 33 court of competent jurisdiction. 6 34 c. Engaging in unethical or unprofessional conduct including 6 35 but not limited to negligence or incompetence in the course of 7 1 professional practice. 7 2 d. Violating any lawful order, rule, or regulation rendered 7 3 or adopted by the board. 7 4 e. Having been refused issuance of or disciplined in 7 5 connection with a license issued by any other jurisdiction. 7 6 2. A genetic counselor whose license is suspended or revoked 7 7 or whose surrender of license with or without prejudice has 7 8 been accepted by the board shall promptly deliver the original 7 9 license to the board. 7 10 3. A provisional licensee who loses active candidate status 7 11 with the American board of genetic counseling or its equivalent 7 12 or successor organization shall surrender the provisional 7 13 license to the board immediately. 7 14 Sec. 12. EFFECTIVE DATE AND IMPLEMENTATION. This Act shall 7 15 take effect January 1, 2018, except that the board of medicine 7 16 may begin implementation prior to that date, to the extent 7 17 necessary to fully implement the provisions providing for the 7 18 licensure of genetic counselors by January 1, 2018. 7 19 EXPLANATION 7 20 The inclusion of this explanation does not constitute agreement with 7 21 the explanation's substance by the members of the general assembly. 7 22 This bill provides for the licensure of genetic counselors. 7 23 Under the bill, the board of medicine would be responsible 7 24 for the licensure, discipline, and rulemaking relating to the 7 25 practice of genetic counseling. The bill establishes a scope 7 26 of practice for genetic counselors, provides requirements for 7 27 licensure and continuing education, and includes licensee 7 28 discipline provisions. The bill provides that persons not 7 29 licensed under the bill, but who refer to themselves as genetic 7 30 counselors or use other similar terms or abbreviations shall 7 31 be guilty of a simple misdemeanor. A simple misdemeanor is 7 32 punishable by confinement for no more than 30 days or a fine of 7 33 at least $65 but not more than $625 or by both. 7 34 The bill takes effect January 1, 2018, except that the board 7 35 of medicine may begin implementation before that date. LSB 2123HV (2) 87 tr/nh
