STATE OF NEW YORK ________________________________________________________________________ 5281--B 2015-2016 Regular Sessions IN ASSEMBLY February 17, 2015 ___________ Introduced by M. of A. ROSENTHAL, McDONOUGH, LAVINE -- Multi-Sponsored by -- M. of A. CROUCH, LUPINACCI, SIMOTAS, SKARTADOS, STIRPE -- read once and referred to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Higher Education in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. The education law is amended by adding a new article 142 2 to read as follows: 3 ARTICLE 142 4 GENETIC COUNSELING 5 Section 7050. Introduction. 6 7051. Practice of genetic counseling and use of the title 7 "genetic counselor". 8 7052. State committee for genetic counseling. 9 7053. Requirements for a professional license. 10 7054. Exempt persons. 11 7055. Limited permits. 12 7056. Special provision. 13 7057. Mandatory continuing education. 14 § 7050. Introduction. This article applies to the licensing of genetic 15 counselors. The general provisions for all professions contained in 16 article one hundred thirty of this title apply to this article. 17 § 7051. Practice of genetic counseling and use of the title "genetic 18 counselor". 1. The "practice of genetic counseling" shall mean the 19 communication to and education of clients, their families, other health EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07222-03-6A. 5281--B 2 1 care professionals and the general public with regard to genetic test- 2 ing, individual family histories, or other genetic, medical, and techni- 3 cal information associated with the occurrence, risk of occurrence or 4 recurrence, of a genetic or hereditary condition or birth defect. A 5 practitioner of genetic counseling shall seek to promote decision-making 6 for their client which respects the client's culture, language, tradi- 7 tion, lifestyle, religion, beliefs and values. Genetic counseling shall 8 include, but not be limited to, the following: 9 (a) obtain and evaluate individual, family, and medical histories to 10 determine genetic risk for genetic/medical conditions and diseases in a 11 patient, his or her offspring, and other family members; 12 (b) discuss the features, natural history, means of diagnosis, genetic 13 and environmental factors, and management of risk for genetic/medical 14 conditions and diseases; 15 (c) identify and coordinate genetic laboratory tests and other diag- 16 nostic studies as appropriate for the genetic assessment; 17 (d) integrate genetic laboratory test results and other diagnostic 18 studies with personal and family medical history to assess and communi- 19 cate risk factors for genetic/medical conditions and diseases; 20 (e) explain to a client the clinical implications of genetic laborato- 21 ry tests and other diagnostic studies and their results; 22 (f) evaluate the client's or family's responses to the condition or 23 risk of recurrence and provide client-centered counseling and anticipa- 24 tory guidance; 25 (g) identify and utilize community resources for the client that 26 provide medical, educational, financial, and psychosocial support and 27 advocacy; and 28 (h) provide written documentation of medical, genetic, and counseling 29 information for patients and health care professionals. 30 2. Nothing in this article shall be construed to authorize a licensed 31 genetic counselor to diagnose or treat any genetic disease or medical 32 condition, practice psychotherapy, or practice any other profession that 33 is licensed under this title. This includes, but may not be limited to, 34 the following: 35 (a) Prescribe or administer drugs as defined in this chapter or as a 36 treatment, therapy, or professional services in the practice of his or 37 her profession; 38 (b) Use invasive procedures as a treatment, therapy, or professional 39 service in the practice of his or her profession. For the purposes of 40 this subdivision, "invasive procedure" means any procedure in which 41 human tissue is cut, altered, or otherwise infiltrated by mechanical or 42 other means. Invasive procedures shall include surgery, lasers, ionizing 43 radiation, therapeutic ultrasound, or electroconvulsive therapy; or 44 (c) Provide psychotherapy as defined in subdivision two of section 45 eighty-four hundred one of this title. 46 3. If in the course of providing genetic counseling to any patient, a 47 genetic counselor finds any indication of disease or condition that may 48 require medical assessment, the genetic counselor shall refer that 49 patient to a licensed physician, or as appropriate, another health care 50 professional licensed pursuant to this title. 51 4. Only a person licensed under this article shall practice genetic 52 counseling. Only a person licensed under this article shall use the 53 title "licensed genetic counselor" and use the letters "L.G.C." after 54 his or her name or any words or letters, abbreviations or insignia indi- 55 cating or implying that a person is licensed pursuant to this article.A. 5281--B 3 1 § 7052. State committee for genetic counseling. 1. A state committee 2 for genetic counseling shall be appointed by the board of regents upon 3 the recommendation of the commissioner and shall assist on matters of 4 licensure and professional conduct in accordance with section sixty-five 5 hundred eight of this title. Notwithstanding the provisions of section 6 sixty-five hundred eight of this title, the committee shall assist the 7 board for medicine solely in genetic counseling matters. Members of the 8 first committee need not be licensed prior to their appointment to such 9 committee. 10 2. The committee shall consist of seven individuals, to be composed of 11 the following: 12 (a) Five licensed genetic counselors, 13 (b) One licensed physician, and 14 (c) A public representative as defined in paragraph b of subdivision 15 one of section sixty-five hundred eight of this title. 16 3. Committee members shall be appointed for terms of five years. The 17 terms of the first appointed members shall be staggered so that two 18 members are appointed for three years, three members are appointed for 19 four years and two members are appointed for five years. 20 § 7053. Requirements for a professional license. To qualify for a 21 license as a "licensed genetic counselor", an applicant shall fulfill 22 the following requirements: 23 1. Application: file an application with the department; 24 2. Education: have received a master's or doctoral degree in genetic 25 counseling from a program registered by the department, or determined by 26 the department to be the substantial equivalent, in accordance with the 27 commissioner's regulations. Appropriate coursework shall be determined 28 in accordance with the commissioner's regulations on recommendations of 29 the state committee for genetic counseling; 30 3. Experience: experience acceptable to the department; 31 4. Examination: pass an examination satisfactory to the committee and 32 in accordance with the commissioner's regulations; 33 5. Age: be at least twenty-one years of age; 34 6. Character: be of good moral character as determined by the depart- 35 ment; 36 7. Fees: pay a fee of three hundred dollars to the department for an 37 initial license and two hundred dollars for each subsequent triennial 38 re-registration of a license. 39 § 7054. Exempt persons. So long as the person does not hold him or 40 herself out to the public as a genetic counselor, the provisions of this 41 article shall not apply to: 42 1. A licensed health care professional licensed under this title who 43 is practicing within the scope of practice as defined in this title; 44 2. A student or intern enrolled in a master's or higher program regis- 45 tered or approved by the department where the student or intern is 46 engaged in activities constituting the practice of a profession as 47 defined in this title, whose scope of practice includes genetic coun- 48 seling; provided, however, such activities shall be part of a supervised 49 training program under a licensed genetic counselor or a health care 50 professional licensed pursuant to this title in accordance with the 51 commissioner's regulations; and 52 3. An employee of the state department of health in the provision of 53 education regarding conditions included on the newborn screening panels. 54 Nothing in this article shall be construed as prohibiting counseling 55 services provided by an attorney, rape crisis counselor, or pastoralA. 5281--B 4 1 counseling by a clergy member working within his or her ministerial 2 charge of obligation. 3 § 7055. Limited permits. Limited permits may be issued by the depart- 4 ment to authorize the practice of the profession under a licensed genet- 5 ic counselor or physician pursuant to the commissioner's regulations: 6 1. The department may issue a limited permit to an applicant who meets 7 all qualifications for licensure as a genetic counselor, except those 8 relating to the examination, in accordance with the commissioner's regu- 9 lations. 10 2. Limited permits shall be for one year. Such permits may be extended 11 at the discretion of the department, for one additional year. 12 3. The fee for each limited permit and for each renewal shall be 13 seventy dollars. 14 § 7056. Special provision. 1. Any person who obtained a master's or 15 doctoral degree of genetic counseling satisfactory to the department 16 prior to two thousand eight, who has fifteen years post-graduate genetic 17 counselor employment and meets the requirements for a license pursuant 18 to this article, except for examination, and who files an application 19 and fee with the department within one year of the effective date of 20 this section shall be licensed as a licensed genetic counselor. 21 2. This article shall not prohibit the provision of genetic counseling 22 services as defined in subdivision one of section seven thousand fifty- 23 one of this article by employees or agents of a corporation providing 24 genetic counseling services in this state; provided, however, that such 25 services are provided by a licensed genetic counselor or person exempt 26 under this article and a violation of this provision shall be a class A 27 misdemeanor. Provided further, that any such corporation must: 28 (a) have registered with the department before providing any such 29 services in this state by providing their name and address for service 30 of process; 31 (b) submit and, as necessary, revise a current list of genetic counse- 32 lors licensed pursuant to this article who are employees or agents of 33 the corporation and are providing such services in the state; and 34 (c) have in effect a requirement that all professional judgments, 35 decisions, identification or coordination of genetic testing, or other 36 professional interactions with clients or patients be made based upon 37 the best interests of such client or patient. 38 3. Any person or corporation offering the services of genetic coun- 39 seling of a client in this state shall employ, for the purpose of 40 providing such services, only persons licensed or exempt under this 41 article and a violation of this provision shall be a class A misdemea- 42 nor. 43 § 7057. Mandatory continuing education. 1. a. Each licensed genetic 44 counselor required under this article to register triennially with the 45 department to practice in the state, shall comply with provisions of the 46 mandatory continuing education requirements prescribed in subdivision 47 two of this section except as set forth in paragraphs b and c of this 48 subdivision. Each genetic counselor shall be exempt from the mandatory 49 continuing education requirements for the triennial registration period 50 during which they are first licensed. Licensed genetic counselors who 51 do not satisfy the mandatory continuing education requirements shall not 52 practice until they have met such requirements, and they have been 53 issued a registration certificate, except that a licensed genetic coun- 54 selor may practice without having met such requirements if he or she is 55 issued a conditional registration certificate pursuant to subdivision 56 three of this section.A. 5281--B 5 1 b. In accord with the intent of this section, adjustment to the manda- 2 tory continuing education requirement may be granted by the department 3 for reasons of health certified by an appropriate health care profes- 4 sional, for extended active duty with the armed forces of the United 5 States, or for other good cause acceptable to the department which may 6 prevent compliance. 7 c. A licensed genetic counselor not engaged in practice as determined 8 by the department, shall be exempt from the mandatory continuing educa- 9 tion requirement upon the filing of a statement with the department 10 declaring such status. Any licensee who returns to the practice of 11 genetic counseling during the triennial registration period shall notify 12 the department prior to reentering the profession and shall meet such 13 mandatory education requirements as shall be prescribed by regulations 14 of the commissioner. 15 2. During each triennial registration period an applicant for regis- 16 tration as a licensed genetic counselor shall complete formal continuing 17 education as set forth in standards prescribed by regulations of the 18 commissioner. Any licensed genetic counselor whose first registration 19 date following the effective date of this section occurs less than three 20 years from such effective date, shall complete continuing education 21 hours on a prorated basis pursuant to regulations of the commissioner. A 22 licensee who has not satisfied the mandatory continuing education 23 requirement shall not be issued a triennial registration certificate by 24 the department and shall not practice unless and until a conditional 25 registration is issued as provided for in subdivision three of this 26 section. Continuing education hours taken during one triennium may not 27 be transferred to the subsequent triennium. 28 3. The department, in its discretion, may issue a conditional regis- 29 tration to a licensee who fails to meet the continuing education 30 requirements established in subdivision two of this section but who 31 agrees to make up any deficiencies and complete any additional education 32 which the department may require. The fee for such a conditional regis- 33 tration shall be the same as, and in addition to, the fee for the trien- 34 nial registration. The duration of such conditional registration shall 35 be determined by the department but shall not exceed one year. Any 36 licensee who is notified of the denial of registration for failure to 37 submit evidence, satisfactory to the department, of required continuing 38 education and who practices genetic counseling without such registra- 39 tion, may be subject to the disciplinary proceedings pursuant to section 40 sixty-five hundred ten of this title. 41 4. For the purposes of this section, "acceptable formal continuing 42 education" shall mean formal courses of learning which contribute to 43 professional practice in genetic counseling and which meet the standards 44 prescribed by regulations of the commissioner. The department may, in 45 its discretion and as needed to contribute to the health and welfare of 46 the public, require the completion of continuing education courses in 47 specific subjects. 48 5. Licensed genetic counselors shall maintain adequate documentation 49 of completion of acceptable formal continuing education and shall 50 provide such documentation at the request of the department. Failure to 51 provide such documentation upon the request of the department shall be 52 an act of misconduct subject to disciplinary proceedings pursuant to 53 section sixty-five hundred ten of this title. 54 The mandatory continuing education fee shall be forty-five dollars, 55 shall be payable on or before the first day of each triennial registra-A. 5281--B 6 1 tion period, and shall be paid in addition to the triennial registration 2 fee required by section seven thousand fifty-three of this article. 3 § 2. Severability. If any clause, sentence, paragraph, section or part 4 of this act shall be adjudged by any court of competent jurisdiction to 5 be invalid and after exhaustion of all further judicial review, the 6 judgment shall not affect, impair or invalidate the remainder thereof, 7 but shall be confined in its operation to the clause, sentence, para- 8 graph, section or part of this act directly involved in the controversy 9 in which the judgment shall have been rendered. 10 § 3. This act shall take effect two years after it shall have become a 11 law; provided, however, that the state education department is author- 12 ized to promulgate any and all rules and regulations and take any other 13 measure necessary to implement this act, including, but not limited to, 14 the appointment of committee members pursuant to section 7052 of the 15 education law, as added by section one of this act on or before such 16 effective date, and provided further that section 7057 of the education 17 law, as added by section one of this act shall take effect three years 18 after the effective date of this act.