Bill Text: IA SF2250 | 2015-2016 | 86th 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 SSB 3143.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2016-03-10 - Referred to Human Resources. S.J. 471. [SF2250 Detail]
Download: Iowa-2015-SF2250-Introduced.html
Senate File 2250 - Introduced SENATE FILE BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SSB 3143) 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 6013SV (2) 86 tr/nh PAG LIN 1 1 Section 1. Section 147.1, subsections 3 and 6, Code 2016, 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 2016, 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 mental 2 8 health counseling, massage therapy, mortuary science, athletic 2 9 training, acupuncture, nursing home administration, or sign 2 10 language interpreting or transliterating, or shall not practice 2 11 as a physician assistant or a hearing aid specialist, unless 2 12 the person has obtained a license for that purpose from the 2 13 board for the profession. 2 14 Sec. 3. Section 147.13, subsection 1, Code 2016, 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 2016, 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", "licensed 2 23 genetic counselor", "gene counselor", "genetic consultant", 2 24 "genetic associate" or any words, letters, abbreviations, or 2 25 insignia indicating that the person holds a genetic counseling 2 26 license after the person's name. 2 27 Sec. 5. NEW SECTION. 148H.1 Definitions. 2 28 1. "Active candidate status" means a person has met the 2 29 requirements established by the American board of genetic 2 30 counseling to take the American board of genetic counseling 2 31 certification examination in general genetics and genetic 2 32 counseling and has been granted this designation by the 2 33 American board of genetic counseling. 2 34 2. "Advisory committee" means the genetic counselor advisory 2 35 committee established pursuant to this chapter. 3 1 3. "Board" means the board of medicine. 3 2 4. "Genetic counseling" means the provision of services by 3 3 an individual who qualifies for a license under this chapter. 3 4 5. "Genetic counseling intern" means a student enrolled in a 3 5 genetic counseling program accredited by the American board of 3 6 genetic counseling or the American board of medical genetics 3 7 and genomics. 3 8 6. "Genetic counselor" means an individual who is licensed 3 9 under this chapter to engage in the competent practice of 3 10 genetic counseling. 3 11 7. "Qualified supervisor" means any person who is a genetic 3 12 counselor licensed under this chapter, a physician licensed 3 13 under chapter 148, or a nurse practitioner licensed under 3 14 chapter 152. 3 15 8. "Supervision" means supervision by a qualified supervisor 3 16 who has the overall responsibility of assessing the work of 3 17 a provisional licensee, provided that an annual supervision 3 18 contract signed by the qualified supervisor and the provisional 3 19 licensee is on file with both parties. "Supervision" does 3 20 not require the qualified supervisor's presence during the 3 21 performance of services. 3 22 Sec. 6. NEW SECTION. 148H.2 Scope of practice. 3 23 A person licensed under this chapter may do any of the 3 24 following: 3 25 1. Obtain and evaluate individual, family, and medical 3 26 histories to determine genetic risk for genetic and medical 3 27 conditions and diseases in a patient, the patient's offspring, 3 28 and other family members. 3 29 2. Discuss the features, history, means of diagnosis, 3 30 genetic and environmental factors, and management of risk for 3 31 genetic and medical conditions and diseases. 3 32 3. Identify, order, and coordinate genetic laboratory tests 3 33 and other diagnostic studies as appropriate for the genetic 3 34 assessment of a patient. 3 35 4. Refer a patient to a specialty or subspecialty department 4 1 as necessary for the purpose of collaborating on diagnosis and 4 2 treatment involving multiple body systems and general medical 4 3 management. 4 4 5. Integrate genetic laboratory test results and other 4 5 diagnostic studies with personal and family medical history to 4 6 assess and communicate risk factors for genetic and medical 4 7 conditions and diseases. 4 8 6. Explain the clinical implications of genetic laboratory 4 9 tests and other diagnostic studies and their results. 4 10 7. Evaluate the responses of a patient or patient's 4 11 family to the condition or risk of recurrence and provide 4 12 patient=centered counseling and anticipatory guidance. 4 13 8. Identify and utilize community resources that provide 4 14 medical, educational, financial, and psychosocial support and 4 15 advocacy. 4 16 9. Provide written documentation of medical, genetic, 4 17 and counseling information for families and health care 4 18 professionals. 4 19 Sec. 7. NEW SECTION. 148H.3 Qualifications for licensure == 4 20 reciprocity == provisional licensure. 4 21 1. Each applicant for licensure under this chapter shall: 4 22 a. Submit an application form as prescribed by the board. 4 23 b. Pay a licensing fee as determined by the board. 4 24 c. Provide satisfactory evidence of certification as a 4 25 genetic counselor by the American board of genetic counseling 4 26 or the American board of medical genetics and genomics or as a 4 27 medical geneticist by the American board of medical genetics. 4 28 2. A license shall be issued for a two=year period upon 4 29 payment of the licensing fee and shall be renewed upon the 4 30 filing of a renewal application and renewal fee as prescribed 4 31 by the board. 4 32 3. An applicant who is licensed or registered under the 4 33 laws of another state or a territory or jurisdiction of the 4 34 United States, which in the opinion of the board imposes 4 35 substantially the same licensing requirements as this chapter, 5 1 may be licensed pursuant to this chapter. 5 2 4. a. The board may issue a provisional license to an 5 3 applicant who meets all of the requirements for licensure 5 4 except for the certification component and who has been granted 5 5 active candidate status. 5 6 b. The applicant shall pay a fee as determined by the board 5 7 upon filing of an application prescribed by the board for 5 8 provisional licensure. 5 9 c. A provisional license shall expire upon the earlier of 5 10 issuance of a full license by the board or the loss of active 5 11 candidate status from the American board of genetic counseling 5 12 by the holder of the provisional license. 5 13 Sec. 8. NEW SECTION. 148H.4 Scope of chapter. 5 14 This chapter shall not be construed to apply to any of the 5 15 following: 5 16 1. A physician or surgeon or an osteopathic physician or 5 17 surgeon licensed under chapter 148, a registered nurse or an 5 18 advanced registered nurse practitioner licensed under chapter 5 19 152, or a physician assistant licensed under chapter 148C when 5 20 acting within the scope of the person's profession and doing 5 21 work of a nature consistent with the person's training. 5 22 2. A person employed as a genetic counselor by the federal 5 23 government or an agency thereof if such person provides genetic 5 24 counseling services solely under the direction and control of 5 25 the organization by which the person is employed. 5 26 3. A genetic counseling intern. 5 27 4. A genetic counselor visiting from outside the state 5 28 performing activities or services for less than thirty days 5 29 each year. A visiting genetic counselor shall be licensed 5 30 by the genetic counselor's home state if such licensure is 5 31 available in the home state. 5 32 Sec. 9. NEW SECTION. 148H.5 Continuing education. 5 33 1. An applicant for renewal of a license under this 5 34 chapter shall submit satisfactory evidence to the board that 5 35 in the period since the license was issued or last renewed, 6 1 the applicant has completed thirty hours of national society 6 2 of genetic counselors or American board of medical genetics 6 3 continuing education units or other continuing education 6 4 approved by the board. 6 5 2. The board shall adopt rules to allow exceptions to the 6 6 requirements in subsection 1. 6 7 Sec. 10. NEW SECTION. 148H.6 Duties of board. 6 8 The board shall adopt rules consistent with this chapter and 6 9 chapters 147 and 148 which are necessary for the performance of 6 10 its duties under this chapter. 6 11 Sec. 11. NEW SECTION. 148H.7 Advisory committee. 6 12 1. a. Under the supervision of the board, there shall be 6 13 established a genetic counselor advisory committee consisting 6 14 of five persons licensed in accordance with this chapter. 6 15 b. Advisory committee members shall be appointed by the 6 16 board, serve terms of no greater than four consecutive years, 6 17 and be residents of this state. An advisory committee member 6 18 shall not be appointed to more than two consecutive full terms. 6 19 Advisory committee members appointed for less than a full term 6 20 may serve two full terms in addition to such part of a full 6 21 term. A former member shall be eligible for appointment after 6 22 a lapse of one year. 6 23 c. The advisory committee shall, at its first meeting and 6 24 annually thereafter, organize by electing from its membership 6 25 a chairman, a vice chairman, and a secretary. Those officers 6 26 shall serve until their successors are elected and qualified. 6 27 d. The advisory committee shall meet at least twice annually 6 28 and shall hold additional meetings at the call of the chair or 6 29 at such times as may be determined by the advisory committee. 6 30 2. The duties and responsibilities of the advisory 6 31 committee shall include the following: 6 32 a. Draft rules as are necessary to enforce this chapter for 6 33 review and adoption by the board. 6 34 b. Receive, review, and recommend to the board the approval 6 35 or disapproval of applications for licensure, renewal, and 7 1 reinstatement. 7 2 c. Perform such other functions and duties as may be 7 3 required to carry out this chapter. 7 4 3. Advisory committee members shall serve without 7 5 compensation but shall be reimbursed for actual and reasonable 7 6 expenses incurred in the performance of their duties. 7 7 Sec. 12. NEW SECTION. 148H.8 Licensee discipline == license 7 8 revocation or suspension. 7 9 1. In addition to the grounds for revocation or suspension 7 10 referred to in section 147.55 and in accordance with the 7 11 disciplinary process established for the board by section 7 12 148.6, a license issued under this chapter shall be revoked or 7 13 suspended when the genetic counselor is guilty of any of the 7 14 following acts or offenses: 7 15 a. Conviction of a felony under state or federal law or 7 16 commission of any other offense involving moral turpitude. 7 17 b. Having been adjudged mentally ill or incompetent by a 7 18 court of competent jurisdiction. 7 19 c. Engaging in unethical or unprofessional conduct including 7 20 but not limited to negligence or incompetence in the course of 7 21 professional practice. 7 22 d. Violating any lawful order, rule, or regulation rendered 7 23 or adopted by the board. 7 24 e. Having been refused issuance of or disciplined in 7 25 connection with a license issued by any other jurisdiction. 7 26 2. A genetic counselor whose license is suspended or revoked 7 27 or whose surrender of license with or without prejudice has 7 28 been accepted by the board shall promptly deliver the original 7 29 license to the board. 7 30 Sec. 13. TRANSITION PROVISIONS. 7 31 1. Notwithstanding section 147.16, the board of medicine 7 32 may appoint, as the initial members of the genetic counselor 7 33 advisory committee created in section 148H.7, individuals who 7 34 have been certified as genetic counselors by the American board 7 35 of genetic counseling or the American board of medical genetics 8 1 and genomics or as medical geneticists by the American board of 8 2 medical genetics. The initial members shall have been engaged 8 3 in the practice of genetic counseling for not less than five 8 4 years before being appointed by the board of medicine. 8 5 2. Notwithstanding section 148H.3, subsection 1, as enacted 8 6 in this Act, during the period of one year from the effective 8 7 date of rules implementing this Act, the board of medicine 8 8 may grant a license to practice genetic counseling for an 8 9 applicant who provides documentation satisfactory to the board 8 10 that the applicant is certified as a genetic counselor by the 8 11 American board of genetic counseling or the American board of 8 12 medical genetics and genomics or as a medical geneticist by the 8 13 American board of medical genetics and has been engaged in the 8 14 practice of genetic counseling for not less than five years at 8 15 the time of the effective date of rules adopted by the board to 8 16 implement this Act. 8 17 Sec. 14. EFFECTIVE DATE AND IMPLEMENTATION. This Act shall 8 18 take effect January 1, 2017, except that the board of medicine 8 19 may begin implementation prior to that date, to the extent 8 20 necessary to fully implement the provisions providing for the 8 21 licensure of genetic counselors by January 1, 2017. 8 22 EXPLANATION 8 23 The inclusion of this explanation does not constitute agreement with 8 24 the explanation's substance by the members of the general assembly. 8 25 This bill provides for the licensure of genetic counselors. 8 26 Under the bill, the board of medicine would be responsible 8 27 for the licensure, discipline, and rulemaking relating to the 8 28 practice of genetic counseling. The bill establishes a scope 8 29 of practice for genetic counselors, provides requirements for 8 30 licensure and continuing education, and includes licensee 8 31 discipline provisions. The bill creates a genetic counselor 8 32 advisory committee to propose rules and make recommendations 8 33 on licensure to the board. The bill provides that persons not 8 34 licensed under the bill, but who refer to themselves as genetic 8 35 counselors or use other similar terms or abbreviations shall 9 1 be guilty of a simple misdemeanor. A simple misdemeanor is 9 2 punishable by confinement for no more than 30 days or a fine of 9 3 at least $65 but not more than $625 or by both. 9 4 The bill takes effect January 1, 2017, except that the board 9 5 of medicine may begin implementation before that date. LSB 6013SV (2) 86 tr/nh
