Bill Text: NY A02151 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides for the licensing of genetic counselors; creates the state board for genetic counseling.
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Introduced - Dead) 2022-01-05 - referred to higher education [A02151 Detail]
Download: New_York-2021-A02151-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2151 2021-2022 Regular Sessions IN ASSEMBLY January 14, 2021 ___________ Introduced by M. of A. L. ROSENTHAL, BENEDETTO, ROZIC, GOTTFRIED, McDO- NOUGH -- Multi-Sponsored by -- M. of A. STIRPE -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to licensing of genetic counselors The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent and findings. The legislature finds that 2 while significant steps have been taken through legislation in response 3 to the COVID-19 crisis in New York State, much more must be done to 4 combat the continued threat to public health and safety presented by 5 COVID-19 and future pandemics including identifying risk factors, devel- 6 oping responses, and increasing access to treatment. 7 The legislature intends to build on the initial efforts of the execu- 8 tive and legislature in responding to the COVID-19 crisis by recognizing 9 the significant role genetic counselors play in identifying genetic 10 variants through predictive testing, investigating underlying genomic 11 susceptibilities and deciphering complex testing infrastructures, culmi- 12 nating in the critical counseling of patients and educating other health 13 care providers. 14 The legislature finds that the state's mission to ensure preparedness 15 against future health crises through data collection, research, and 16 access to safe care will be advanced through the licensure of genetic 17 counselors and the active engagement of these uniquely trained practi- 18 tioners and researchers in the making of informed personal health care 19 decisions and the development of effective health care policies. 20 § 2. The education law is amended by adding a new article 142 to read 21 as follows: 22 ARTICLE 142 23 GENETIC COUNSELING 24 Section 7050. Introduction. 25 7051. Practice of genetic counseling and use of the title 26 "genetic counselor". 27 7052. State board for genetic counseling. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00423-02-1A. 2151 2 1 7053. Requirements for a professional license. 2 7054. Exempt persons. 3 7055. Limited permits. 4 7056. Special provisions. 5 § 7050. Introduction. This article applies to the licensing of genetic 6 counselors. The general provisions for all professions contained in 7 article one hundred thirty of this title apply to this article. 8 § 7051. Practice of genetic counseling and use of the title "genetic 9 counselor". 1. The "practice of genetic counseling" shall mean the 10 communication to and education of human clients, their families, other 11 health care professionals and the general public with regard to genetic 12 testing, individual family histories, or other genetic, personal medical 13 history, and technical information associated with the occurrence, risk 14 of occurrence or recurrence, of a genetic or hereditary condition or 15 birth defect. A practitioner of genetic counseling shall seek to 16 promote decision-making for their client which respects the client's 17 culture, language, tradition, lifestyle, religion, beliefs and values. 18 Genetic counseling shall include, but not be limited to, the following: 19 (a) obtain and evaluate personal and family medical history to deter- 20 mine genetic risk for genetic conditions and diseases in a human client, 21 his or her offspring, and other family members; 22 (b) educate clients regarding the means to assess and manage risk for 23 genetic conditions and disease; 24 (c) identify and order genetic laboratory tests and coordinate other 25 diagnostic studies as appropriate for the genetic assessment; 26 (d) integrate genetic laboratory test results and other diagnostic 27 studies with personal and family medical history to assess and communi- 28 cate risk factors for genetic conditions; 29 (e) explain to a client the clinical implications of genetic laborato- 30 ry tests and other diagnostic studies and their results; and 31 (f) maintain written documentation of the genetic counseling services 32 performed for clients and health care professionals. 33 2. Nothing in this article shall be construed to authorize a licensed 34 genetic counselor to diagnose or treat any genetic disease or medical 35 condition, practice psychotherapy, or practice any other profession that 36 is licensed under this title. This includes, but may not be limited to, 37 the following: 38 (a) Prescribe or administer drugs as defined in this chapter or as a 39 treatment, therapy, or professional services in the practice of his or 40 her profession; 41 (b) Use invasive procedures as a treatment, therapy, or professional 42 service in the practice of his or her profession. For the purposes of 43 this subdivision, "invasive procedure" means any procedure in which 44 human tissue is cut, altered, or otherwise infiltrated by mechanical or 45 other means. Invasive procedures shall include surgery, lasers, ionizing 46 radiation, therapeutic ultrasound, or electroconvulsive therapy; or 47 (c) Provide psychotherapy as defined in subdivision two of section 48 eighty-four hundred one of this title. 49 3. If in the course of providing genetic counseling to any client, a 50 genetic counselor finds any indication of disease or condition that may 51 require medical assessment, the genetic counselor shall refer that 52 client to a licensed physician, or as appropriate, another health care 53 professional licensed pursuant to this title. 54 4. Only a person licensed or exempt under this article shall practice 55 genetic counseling. Only a person licensed under this article shall use 56 the title "licensed genetic counselor" and use the letters "L.G.C."A. 2151 3 1 after his or her name or any words or letters, abbreviations or insignia 2 indicating or implying that a person is licensed pursuant to this arti- 3 cle. 4 5. The provisions of this article shall not prohibit any licensed 5 genetic counselor employed by any organization or entity who is provid- 6 ing occasional services from engaging in the practice of genetic coun- 7 seling, subject to the limitations prescribed by the department, in 8 consultation with the state board for genetic counseling and the 9 provision of such occasional services shall be deemed not to be the 10 practice of a profession for purposes of all applicable partnership, 11 corporation or limited liability company laws and regulations. 12 § 7052. State board for genetic counseling. 1. A state board for 13 genetic counseling shall be appointed by the board of regents upon the 14 recommendation of the commissioner, prior to the effective date of this 15 article, and shall assist on matters of professional licensing and 16 professional conduct in accordance with section sixty-five hundred eight 17 of this title. Members of the first board need not be licensed prior to 18 their appointment to such board. An executive secretary to the board 19 shall be appointed by the board of regents on recommendation of the 20 commissioner. 21 2. The board shall consist of seven individuals, to be composed of the 22 following: 23 (a) five licensed genetic counselors, 24 (b) one licensed physician, and 25 (c) a public representative as defined in paragraph b of subdivision 26 one of section sixty-five hundred eight of this title. 27 3. Board members shall be appointed for terms of five years. The terms 28 of the first appointed members shall be staggered so that two members 29 are appointed for three years, three members are appointed for four 30 years and two members are appointed for five years. 31 § 7053. Requirements for a professional license. To qualify for a 32 license as a "licensed genetic counselor", an applicant shall fulfill 33 the following requirements: 34 1. Application: file an application with the department; 35 2. Education: have received a master's degree or higher in genetic 36 counseling or human genetics from a program registered by the depart- 37 ment, or determined by the department to be the substantial equivalent, 38 in accordance with the commissioner's regulations. Appropriate course- 39 work shall be determined in accordance with the commissioner's regu- 40 lations on recommendations of the state board for genetic counseling; 41 3. Experience: experience acceptable to the department; 42 4. Examination: pass an examination satisfactory to the department and 43 in accordance with the commissioner's regulations; 44 5. Age: be at least twenty-one years of age; 45 6. Character: be of good moral character as determined by the depart- 46 ment; 47 7. Fees: pay a fee of three hundred dollars to the department for an 48 initial license and two hundred dollars for each subsequent triennial 49 re-registration of a license. 50 § 7054. Exempt persons. 1. So long as the person does not hold him or 51 herself out to the public as a genetic counselor, the provisions of this 52 article shall not apply to: 53 a. A licensed health care professional licensed under this title who 54 is practicing within the scope of practice as defined in this title; 55 b. A student or intern enrolled in a master's or higher program regis- 56 tered or approved by the department where the student or intern isA. 2151 4 1 engaged in activities constituting the practice of a profession as 2 defined in this title, whose scope of practice includes genetic coun- 3 seling; provided, however, such activities shall be part of a supervised 4 training program under a licensed genetic counselor or an appropriate 5 health care professional licensed pursuant to this title in accordance 6 with the commissioner's regulations; and 7 c. An employee of the state department of health in the provision of 8 education regarding conditions included on the newborn screening panels. 9 2. Nothing in this article shall be construed as prohibiting coun- 10 seling services provided by an attorney within his or her usual prac- 11 tice, rape crisis counselor within his or her usual counseling duties, 12 or pastoral counseling by a clergy member working within his or her 13 ministerial charge of obligation. 14 § 7055. Limited permits. Limited permits may be issued by the depart- 15 ment to authorize the practice of the profession under a licensed genet- 16 ic counselor or physician pursuant to the commissioner's regulations: 17 1. The department may issue a limited permit to an applicant who meets 18 all qualifications for licensure as a genetic counselor, except those 19 relating to the examination and experience, in accordance with the 20 commissioner's regulations. 21 2. Limited permits shall be for one year. Such permits may be extended 22 at the discretion of the department, for one additional year. 23 3. The fee for each limited permit and for each renewal shall be 24 seventy dollars. 25 § 7056. Special provisions. 1. Any individual who meets the require- 26 ments for a license established in this article, except for examination, 27 experience and education, and who is certified by a national certifying 28 body having certification standards acceptable to the department, may be 29 licensed without meeting additional requirements as to examination, 30 experience, or education, provided that such individual submits an 31 application to the department within two years of the effective date of 32 this article. 33 2. Any individual who meets the requirements for a license established 34 in this article, except for examination, may be licensed without exam- 35 ination, provided that the person completed the education requirement 36 prior to two thousand eight, submits evidence of a minimum of ten years 37 employment as a genetic counselor, submits experience acceptable to the 38 department and submits an application to the department within two years 39 of the effective date of this article. 40 § 3. Severability. If any clause, sentence, paragraph, section or part 41 of this act shall be adjudged by any court of competent jurisdiction to 42 be invalid and after exhaustion of all further judicial review, the 43 judgment shall not affect, impair or invalidate the remainder thereof, 44 but shall be confined in its operation to the clause, sentence, para- 45 graph, section or part of this act directly involved in the controversy 46 in which the judgment shall have been rendered. 47 § 4. This act shall take effect two years after it shall have become a 48 law; provided, however, that the state education department is author- 49 ized to promulgate any and all rules and regulations and take any other 50 measure necessary to implement this act, including, but not limited to, 51 the appointment of board members pursuant to section 7052 of the educa- 52 tion law, as added by section two of this act on or before such effec- 53 tive date.
