Bill Text: NY S01323 | 2017-2018 | General Assembly | Amended
Bill Title: Provides for the licensing of genetic counselors; creates the state board for genetic counseling.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2018-06-19 - referred to higher education [S01323 Detail]
Download: New_York-2017-S01323-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1323--B 2017-2018 Regular Sessions IN SENATE January 9, 2017 ___________ Introduced by Sens. LAVALLE, FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- reported favorably from said committee and committed to the Commit- tee on Finance -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading -- recommitted to the Committee on High- er Education in accordance with Senate Rule 6, sec. 8 -- 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 board for genetic counseling. 9 7053. Requirements for a professional license. 10 7054. Exempt persons. 11 7055. Limited permits. 12 7056. Special provisions. 13 § 7050. Introduction. This article applies to the licensing of genetic 14 counselors. The general provisions for all professions contained in 15 article one hundred thirty of this title apply to this article. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05260-06-8S. 1323--B 2 1 § 7051. Practice of genetic counseling and use of the title "genetic 2 counselor". 1. The "practice of genetic counseling" shall mean the 3 communication to and education of clients, their families, other health 4 care professionals and the general public with regard to genetic test- 5 ing, individual family histories, or other genetic, personal medical 6 history, and technical information associated with the occurrence, risk 7 of occurrence or recurrence, of a genetic or hereditary condition or 8 birth defect. A practitioner of genetic counseling shall seek to 9 promote decision-making for their client which respects the client's 10 culture, language, tradition, lifestyle, religion, beliefs and values. 11 Genetic counseling shall include, but not be limited to, the following: 12 (a) obtain and evaluate personal and family medical history to deter- 13 mine genetic risk for genetic conditions and diseases in a client, his 14 or her offspring, and other family members; 15 (b) educate clients regarding the means to assess and manage risk for 16 genetic conditions and disease; 17 (c) identify and order genetic laboratory tests and coordinate other 18 diagnostic studies as appropriate for the genetic assessment; 19 (d) integrate genetic laboratory test results and other diagnostic 20 studies with personal and family medical history to assess and communi- 21 cate risk factors for genetic conditions; 22 (e) explain to a client the clinical implications of genetic laborato- 23 ry tests and other diagnostic studies and their results; and 24 (f) maintain written documentation of the genetic counseling services 25 performed for clients and health care professionals. 26 2. Nothing in this article shall be construed to authorize a licensed 27 genetic counselor to diagnose or treat any genetic disease or medical 28 condition, practice psychotherapy, or practice any other profession that 29 is licensed under this title. This includes, but may not be limited to, 30 the following: 31 (a) Prescribe or administer drugs as defined in this chapter or as a 32 treatment, therapy, or professional services in the practice of his or 33 her profession; 34 (b) Use invasive procedures as a treatment, therapy, or professional 35 service in the practice of his or her profession. For the purposes of 36 this subdivision, "invasive procedure" means any procedure in which 37 human tissue is cut, altered, or otherwise infiltrated by mechanical or 38 other means. Invasive procedures shall include surgery, lasers, ionizing 39 radiation, therapeutic ultrasound, or electroconvulsive therapy; or 40 (c) Provide psychotherapy as defined in subdivision two of section 41 eighty-four hundred one of this title. 42 3. If in the course of providing genetic counseling to any client, a 43 genetic counselor finds any indication of disease or condition that may 44 require medical assessment, the genetic counselor shall refer that 45 client to a licensed physician, or as appropriate, another health care 46 professional licensed pursuant to this title. 47 4. Only a person licensed under this article shall practice genetic 48 counseling. Only a person licensed under this article shall use the 49 title "licensed genetic counselor" and use the letters "L.G.C." after 50 his or her name or any words or letters, abbreviations or insignia indi- 51 cating or implying that a person is licensed pursuant to this article. 52 § 7052. State board for genetic counseling. 1. A state board for 53 genetic counseling shall be appointed by the board of regents upon the 54 recommendation of the commissioner, prior to the effective date of this 55 article, and shall assist on matters of professional licensing and 56 professional conduct in accordance with section sixty-five hundred eightS. 1323--B 3 1 of this title. Members of the first board need not be licensed prior to 2 their appointment to such board. An executive secretary to the board 3 shall be appointed by the board of regents on recommendation of the 4 commissioner. 5 2. The board shall consist of seven individuals, to be composed of the 6 following: 7 (a) five licensed genetic counselors, 8 (b) one licensed physician, and 9 (c) a public representative as defined in paragraph b of subdivision 10 one of section sixty-five hundred eight of this title. 11 3. Board members shall be appointed for terms of five years. The terms 12 of the first appointed members shall be staggered so that two members 13 are appointed for three years, three members are appointed for four 14 years and two members are appointed for five years. 15 § 7053. Requirements for a professional license. To qualify for a 16 license as a "licensed genetic counselor", an applicant shall fulfill 17 the following requirements: 18 1. Application: file an application with the department; 19 2. Education: have received a master's degree or higher in genetic 20 counseling or human genetics from a program registered by the depart- 21 ment, or determined by the department to be the substantial equivalent, 22 in accordance with the commissioner's regulations. Appropriate course- 23 work shall be determined in accordance with the commissioner's regu- 24 lations on recommendations of the state board for genetic counseling; 25 3. Experience: experience acceptable to the department; 26 4. Examination: pass an examination satisfactory to the department and 27 in accordance with the commissioner's regulations; 28 5. Age: be at least twenty-one years of age; 29 6. Character: be of good moral character as determined by the depart- 30 ment; 31 7. Fees: pay a fee of three hundred dollars to the department for an 32 initial license and two hundred dollars for each subsequent triennial 33 re-registration of a license. 34 § 7054. Exempt persons. So long as the person does not hold him or 35 herself out to the public as a genetic counselor, the provisions of this 36 article shall not apply to: 37 1. A licensed health care professional licensed under this title who 38 is practicing within the scope of practice as defined in this title; 39 2. A student or intern enrolled in a master's or higher program regis- 40 tered or approved by the department where the student or intern is 41 engaged in activities constituting the practice of a profession as 42 defined in this title, whose scope of practice includes genetic coun- 43 seling; provided, however, such activities shall be part of a supervised 44 training program under a licensed genetic counselor or a health care 45 professional licensed pursuant to this title in accordance with the 46 commissioner's regulations; and 47 3. An employee of the state department of health in the provision of 48 education regarding conditions included on the newborn screening panels. 49 Nothing in this article shall be construed as prohibiting counseling 50 services provided by an attorney, rape crisis counselor, or pastoral 51 counseling by a clergy member working within his or her ministerial 52 charge of obligation. 53 § 7055. Limited permits. Limited permits may be issued by the depart- 54 ment to authorize the practice of the profession under a licensed genet- 55 ic counselor or physician pursuant to the commissioner's regulations:S. 1323--B 4 1 1. The department may issue a limited permit to an applicant who meets 2 all qualifications for licensure as a genetic counselor, except those 3 relating to the examination, in accordance with the commissioner's regu- 4 lations. 5 2. Limited permits shall be for one year. Such permits may be extended 6 at the discretion of the department, for one additional year. 7 3. The fee for each limited permit and for each renewal shall be 8 seventy dollars. 9 § 7056. Special provisions. 1. (a) Any individual who meets the 10 requirements for a license established in this article, except for exam- 11 ination, experience and education, and who is certified by a national 12 certifying body having certification standards acceptable to the depart- 13 ment, may be licensed without meeting additional requirements as to 14 examination, experience, or education, provided that such individual 15 submits an application to the department within two years of the effec- 16 tive date of this article. 17 (b) Any individual who meets the requirements for a license estab- 18 lished in this article, except for examination, may be licensed without 19 examination, provided that the person completed the education require- 20 ment prior to two thousand eight, submits evidence of a minimum of ten 21 years employment as a genetic counselor, submits experience acceptable 22 to the department and submits an application to the department within 23 two years of the effective date of this article. 24 2. This article shall not prohibit the practice of genetic counseling 25 by a lawfully organized business entity meeting the requirements author- 26 ized by this article or by an employee or agent of such a business enti- 27 ty provided that such practice is provided by a licensed genetic counse- 28 lor or persons exempt under this article. Violation of this provision 29 shall be subject to the provisions of section sixty-five hundred twelve 30 of this title. For the purposes of this subdivision, "business entity" 31 means any lawfully established business entity, other than a profes- 32 sional service corporation (PC), a professional service limited liabil- 33 ity company (PLLC) or a registered limited liability partnership (LLP) 34 that is authorized to practice genetic counseling under New York law. 35 Provided further, that any such business entity must: 36 (a) have registered and been approved by the department before provid- 37 ing any such services to patients who reside in this state by providing 38 their name and address for service of process. 39 (b) submit an application to the department which shall: 40 (i) be made in a manner and form prescribed by the department; 41 (ii) include information as may be required by the department to 42 ensure safe practice, including, but not limited to, a current list of 43 genetic counselors licensed pursuant to this article who are employees 44 or agents of the business entity and are providing such services to 45 patients who reside in the state; and 46 (iii) be accompanied by a fee of three hundred forty-five dollars. 47 (c) submit annually to the department a current list of genetic coun- 48 selors licensed pursuant to this article who are employees or agents of 49 the business entity and are providing such services to patients who 50 reside in the state. 51 (d) not compensate the licensed genetic counselor or exempt person in 52 a manner that takes into account, directly or indirectly, the volume or 53 financial values of genetic tests ordered. 54 (e) ensure the licensed genetic counselor or exempt person provides a 55 form to each client disclosing the name of the business entity andS. 1323--B 5 1 informs the client of his or her right to utilize an alternative genetic 2 counselor. 3 (f) as a condition of employment, not require a licensed genetic coun- 4 selor or exempt person to order a certain test or tests, or otherwise 5 direct or influence professional conduct. 6 3. All business entity registrations shall be renewed on dates set by 7 the department. The triennial registration fee shall be two hundred 8 sixty dollars, or a prorated portion thereof as determined by the 9 department. 10 4. Such business entity registered under this section shall be under 11 the supervision of the board of regents and shall be subject to disci- 12 plinary proceedings and penalties in accordance with article one hundred 13 thirty of this title in the same manner and to the same extent as indi- 14 vidual licensees. Provided further, that failure to comply with the 15 requirements of this section shall also constitute professional miscon- 16 duct. 17 § 2. Severability. If any clause, sentence, paragraph, section or part 18 of this act shall be adjudged by any court of competent jurisdiction to 19 be invalid and after exhaustion of all further judicial review, the 20 judgment shall not affect, impair or invalidate the remainder thereof, 21 but shall be confined in its operation to the clause, sentence, para- 22 graph, section or part of this act directly involved in the controversy 23 in which the judgment shall have been rendered. 24 § 3. This act shall take effect two years after it shall have become a 25 law; provided, however, that the state education department is author- 26 ized to promulgate any and all rules and regulations and take any other 27 measure necessary to implement this act, including, but not limited to, 28 the appointment of board members pursuant to section 7052 of the educa- 29 tion law, as added by section one of this act on or before such effec- 30 tive date.
