Bill Text: NY S05355 | 2021-2022 | General Assembly | Amended


Bill Title: Provides for the licensing of genetic counselors; creates the state board for genetic counseling.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-05-05 - referred to higher education [S05355 Detail]

Download: New_York-2021-S05355-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5355--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                      March 2, 2021
                                       ___________

        Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Higher  Education  --
          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. 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00423-04-1

        S. 5355--A                          2

     1  Section 7050. Introduction.
     2          7051. Practice  of  genetic  counseling  and  use  of  the title
     3                  "genetic counselor".
     4          7052. State board for genetic counseling.
     5          7053. Requirements for a professional license.
     6          7054. Exempt persons.
     7          7055. Limited permits.
     8          7056. Special provisions.
     9    § 7050. Introduction. This article applies to the licensing of genetic
    10  counselors. The general provisions  for  all  professions  contained  in
    11  article one hundred thirty of this title apply to this article.
    12    §  7051.  Practice of genetic counseling and use of the title "genetic
    13  counselor". 1. The "practice  of  genetic  counseling"  shall  mean  the
    14  communication  to  and education of human clients, their families, other
    15  health care professionals and the general public with regard to  genetic
    16  testing, individual family histories, or other genetic, personal medical
    17  history,  and technical information associated with the occurrence, risk
    18  of occurrence or recurrence, of a genetic  or  hereditary  condition  or
    19  birth  defect.    A  practitioner  of  genetic  counseling shall seek to
    20  promote decision-making for their client  which  respects  the  client's
    21  culture,  language,  tradition, lifestyle, religion, beliefs and values.
    22  Genetic counseling shall include, but not be limited to, the following:
    23    (a) obtain and evaluate personal and family medical history to  deter-
    24  mine genetic risk for genetic conditions and diseases in a human client,
    25  his or her offspring, and other family members;
    26    (b)  educate clients regarding the means to assess and manage risk for
    27  genetic conditions and disease;
    28    (c) identify and order genetic laboratory tests and  coordinate  other
    29  diagnostic studies as appropriate for the genetic assessment;
    30    (d)  integrate  genetic  laboratory  test results and other diagnostic
    31  studies with personal and family medical history to assess and  communi-
    32  cate risk factors for genetic conditions;
    33    (e) explain to a client the clinical implications of genetic laborato-
    34  ry tests and other diagnostic studies and their results; and
    35    (f)  maintain written documentation of the genetic counseling services
    36  performed for clients and health care professionals.
    37    2.  Nothing in this article shall be construed to authorize a licensed
    38  genetic counselor to diagnose or treat any genetic  disease  or  medical
    39  condition, practice psychotherapy, or practice any other profession that
    40  is licensed under this title.  This includes, but may not be limited to,
    41  the following:
    42    (a)  Prescribe  or administer drugs as defined in this chapter or as a
    43  treatment, therapy, or professional services in the practice of  his  or
    44  her profession;
    45    (b)  Use  invasive procedures as a treatment, therapy, or professional
    46  service in the practice of his or her profession. For  the  purposes  of
    47  this  subdivision,  "invasive  procedure"  means  any procedure in which
    48  human tissue is cut, altered, or otherwise infiltrated by mechanical  or
    49  other means. Invasive procedures shall include surgery, lasers, ionizing
    50  radiation, therapeutic ultrasound, or electroconvulsive therapy; or
    51    (c)  Provide  psychotherapy  as  defined in subdivision two of section
    52  eighty-four hundred one of this title.
    53    3. If in the course of providing genetic counseling to any  client,  a
    54  genetic  counselor finds any indication of disease or condition that may
    55  require medical assessment,  the  genetic  counselor  shall  refer  that

        S. 5355--A                          3

     1  client  to  a licensed physician, or as appropriate, another health care
     2  professional licensed pursuant to this title.
     3    4.  Only a person licensed or exempt under this article shall practice
     4  genetic counseling. Only a person licensed under this article shall  use
     5  the  title  "licensed  genetic  counselor"  and use the letters "L.G.C."
     6  after his or her name or any words or letters, abbreviations or insignia
     7  indicating or implying that a person is licensed pursuant to this  arti-
     8  cle.
     9    5.  The  provisions  of  this  article shall not prohibit any licensed
    10  genetic counselor employed by any organization or entity who is  provid-
    11  ing  occasional  services from engaging in the practice of genetic coun-
    12  seling, subject to the limitations  prescribed  by  the  department,  in
    13  consultation  with  the  state  board  for  genetic  counseling  and the
    14  provision of such occasional services shall be  deemed  not  to  be  the
    15  practice  of  a  profession  for purposes of all applicable partnership,
    16  corporation or limited liability company laws and regulations.
    17    § 7052. State board for genetic  counseling.  1.  A  state  board  for
    18  genetic  counseling  shall be appointed by the board of regents upon the
    19  recommendation of the commissioner, prior to the effective date of  this
    20  article,  and  shall  assist  on  matters  of professional licensing and
    21  professional conduct in accordance with section sixty-five hundred eight
    22  of this title. Members of the first board need not be licensed prior  to
    23  their  appointment  to  such  board. An executive secretary to the board
    24  shall be appointed by the board of  regents  on  recommendation  of  the
    25  commissioner.
    26    2. The board shall consist of seven individuals, to be composed of the
    27  following:
    28    (a) five licensed genetic counselors,
    29    (b) one licensed physician, and
    30    (c)  a  public representative as defined in paragraph b of subdivision
    31  one of section sixty-five hundred eight of this title.
    32    3. Board members shall be appointed for terms of five years. The terms
    33  of the first appointed members shall be staggered so  that  two  members
    34  are  appointed  for  three  years,  three members are appointed for four
    35  years and two members are appointed for five years.
    36    § 7053. Requirements for a professional  license.  To  qualify  for  a
    37  license  as  a  "licensed genetic counselor", an applicant shall fulfill
    38  the following requirements:
    39    1. Application: file an application with the department;
    40    2. Education: have received a master's degree  or  higher  in  genetic
    41  counseling  or  human  genetics from a program registered by the depart-
    42  ment, or determined by the department to be the substantial  equivalent,
    43  in  accordance with the commissioner's regulations.  Appropriate course-
    44  work shall be determined in accordance  with  the  commissioner's  regu-
    45  lations on recommendations of the state board for genetic counseling;
    46    3. Experience: experience acceptable to the department;
    47    4. Examination: pass an examination satisfactory to the department and
    48  in accordance with the commissioner's regulations;
    49    5. Age: be at least twenty-one years of age;
    50    6.  Character: be of good moral character as determined by the depart-
    51  ment;
    52    7. Fees: pay a fee of three hundred dollars to the department  for  an
    53  initial  license  and  two hundred dollars for each subsequent triennial
    54  re-registration of a license.

        S. 5355--A                          4

     1    § 7054. Exempt persons. 1.  So long as the person does not hold him or
     2  herself out to the public as a genetic counselor, the provisions of this
     3  article shall not apply to:
     4    a.  A  licensed health care professional licensed under this title who
     5  is practicing within the scope of practice as defined in this title;
     6    b. A student or intern enrolled in a master's or higher program regis-
     7  tered or approved by the department  where  the  student  or  intern  is
     8  engaged  in  activities  constituting  the  practice  of a profession as
     9  defined in this title, whose scope of practice  includes  genetic  coun-
    10  seling; provided, however, such activities shall be part of a supervised
    11  training  program  under  a licensed genetic counselor or an appropriate
    12  health care professional licensed pursuant to this title  in  accordance
    13  with the commissioner's regulations; and
    14    c.  An  employee of the state department of health in the provision of
    15  education regarding conditions included on the newborn screening panels.
    16    2. Nothing in this article shall be  construed  as  prohibiting  coun-
    17  seling  services  provided  by an attorney within his or her usual prac-
    18  tice, rape crisis counselor within his or her usual  counseling  duties,
    19  or  pastoral  counseling  by  a  clergy member working within his or her
    20  ministerial charge of obligation.
    21    § 7055. Limited permits.  Limited permits may be issued by the depart-
    22  ment to authorize the practice of the profession under a licensed genet-
    23  ic counselor or physician pursuant to the commissioner's regulations:
    24    1. The department may issue a limited permit to an applicant who meets
    25  all qualifications for licensure as a genetic  counselor,  except  those
    26  relating  to  the  examination  and  experience,  in accordance with the
    27  commissioner's regulations.
    28    2. Limited permits shall be for one year. Such permits may be extended
    29  at the discretion of the department, for one additional year.
    30    3. The fee for each limited permit  and  for  each  renewal  shall  be
    31  seventy dollars.
    32    §  7056.  Special provisions. 1. Any individual who meets the require-
    33  ments for a license established in this article, except for examination,
    34  experience and education, and who is certified by a national  certifying
    35  body having certification standards acceptable to the department, may be
    36  licensed  without  meeting  additional  requirements  as to examination,
    37  experience, or education,  provided  that  such  individual  submits  an
    38  application  to the department within two years of the effective date of
    39  this article.
    40    2. Any individual who meets the requirements for a license established
    41  in this article, except for examination, may be licensed  without  exam-
    42  ination,  provided  that  the person completed the education requirement
    43  prior to two thousand eight, submits evidence of a minimum of ten  years
    44  employment  as a genetic counselor, submits experience acceptable to the
    45  department and submits an application to the department within two years
    46  of the effective date of this article.
    47    § 3. Severability. If any clause, sentence, paragraph, section or part
    48  of this act shall be adjudged by any court of competent jurisdiction  to
    49  be  invalid  and  after  exhaustion  of all further judicial review, the
    50  judgment shall not affect, impair or invalidate the  remainder  thereof,
    51  but  shall  be  confined in its operation to the clause, sentence, para-
    52  graph, section or part of this act directly involved in the  controversy
    53  in which the judgment shall have been rendered.
    54    § 4. This act shall take effect two years after it shall have become a
    55  law;  provided,  however, that the state education department is author-
    56  ized to promulgate any and all rules and regulations and take any  other

        S. 5355--A                          5

     1  measure  necessary to implement this act, including, but not limited to,
     2  the appointment of board members pursuant to section 7052 of the  educa-
     3  tion  law,  as added by section two of this act on or before such effec-
     4  tive date.
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