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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY KILLION, ADOLPH, BEYER, CLYMER, GEIST, MANN, MELIO, MILLER, MUSTIO, SIPTROTH, VULAKOVICH, MURT AND HARPER, JANUARY 30, 2009 |
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| REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JANUARY 30, 2009 |
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| AN ACT |
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1 | Amending the act of December 20, 1985 (P.L.457, No.112), |
2 | entitled "An act relating to the right to practice medicine |
3 | and surgery and the right to practice medically related acts; |
4 | reestablishing the State Board of Medical Education and |
5 | Licensure as the State Board of Medicine and providing for |
6 | its composition, powers and duties; providing for the |
7 | issuance of licenses and certificates and the suspension and |
8 | revocation of licenses and certificates; providing penalties; |
9 | and making repeals," further providing for definitions; and |
10 | providing for regulation of genetic counselors. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 1. Section 2 of the act of December 20, 1985 (P.L. |
14 | 457, No.112), known as the Medical Practice Act of 1985, is |
15 | amended by adding definitions to read: |
16 | Section 2. Definitions. |
17 | The following words and phrases when used in this act shall |
18 | have the meanings given to them in this section unless the |
19 | context clearly indicates otherwise: |
20 | "ABGC." The American Board of Genetic Counseling. |
21 | "ABMG." The American Board of Medical Genetics. |
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1 | * * * |
2 | "Active candidate status." The designation awarded to |
3 | applicants who have received approval from the American Board of |
4 | Genetic Counseling or the American Board of Medical Genetics to |
5 | sit for their respective certification examinations. |
6 | * * * |
7 | "Genetic counselor." An individual who is licensed to |
8 | practice genetic counseling by the State Board of Medicine or |
9 | the State Board of Osteopathic Medicine. |
10 | "Genetic counseling." The provision of services to |
11 | individuals, couples, families and organizations by one or more |
12 | appropriately trained individuals to address the physical and |
13 | psychological issues associated with the occurrence or risk of |
14 | occurrence of a genetic disorder, birth defect or genetically |
15 | influenced condition or disease in an individual or a family. |
16 | * * * |
17 | Section 2. The act is amended by adding a section to read: |
18 | Section 13.4. Genetic counselor. |
19 | (a) License required.--Two years after the effective date of |
20 | this section, it shall be unlawful for any person to hold |
21 | himself out to the public as a genetic counselor or to practice |
22 | or offer to practice genetic counseling unless the person holds |
23 | a valid, current license issued by the board or the State Board |
24 | of Osteopathic Medicine. |
25 | (b) Use of title.--An individual who holds a valid, current |
26 | license issued by either board may use the title genetic |
27 | counselor. No other person shall have that right. |
28 | (c) Regulations.--The board is authorized to promulgate |
29 | regulations to implement this section. |
30 | (d) Scope of practice.-- |
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1 | (1) A genetic counselor may provide genetic counseling |
2 | to clients, which shall include: |
3 | (i) Obtaining and interpreting individual and family |
4 | medical, developmental and reproductive histories. |
5 | (ii) Determining the mode of inheritance and risk of |
6 | transmission of genetic conditions and birth defects. |
7 | (iii) Explaining the inheritance, features, natural |
8 | history, diagnosis and management of these conditions. |
9 | (iv) Identifying, coordinating, interpreting and |
10 | explaining genetic tests and other diagnostic studies. |
11 | (v) Assessing psychosocial factors, recognizing |
12 | social, educational and cultural issues. |
13 | (vi) Evaluating the client's or family's responses |
14 | to the condition or risk of occurrence and providing |
15 | client-centered counseling and anticipatory guidance. |
16 | (vii) Facilitating informed decision making about |
17 | testing, management and reproductive alternatives. |
18 | (viii) Identifying and facilitating access to |
19 | resources that provide medical, educational, financial |
20 | and psychosocial support and advocacy. |
21 | (ix) Providing accurate written documentation of |
22 | medical, genetic and counseling information for families |
23 | and health care professionals as authorized by written |
24 | consent of the client. |
25 | (2) When in the course of providing genetic counseling |
26 | services to a client a genetic counselor finds any indication |
27 | of a disease or condition that requires professional service |
28 | outside the scope of practice defined in this section, the |
29 | genetic counselor shall refer the client to a physician |
30 | licensed to practice medicine and surgery without |
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1 | restriction. |
2 | (3) Nothing in this subsection shall be construed to |
3 | authorize a genetic counselor to diagnose, test or treat any |
4 | genetic or other disease or condition. |
5 | (e) Exemptions.--The following persons may provide genetic |
6 | counseling without holding the license required by this section |
7 | as indicated: |
8 | (1) A person licensed under any other section of this |
9 | act or any other law of this Commonwealth, while acting |
10 | within the scope of practice of the person's license and |
11 | training, provided the person does not hold himself out to |
12 | the public as a genetic counselor. |
13 | (2) A person employed by the Federal Government to |
14 | provide genetic counseling while in the discharge of the |
15 | person's official duties. |
16 | (3) A student enrolled in an ABGC-accredited or ABMG- |
17 | accredited genetic counseling educational program or an ABMG- |
18 | accredited medical genetics educational program, if the |
19 | counseling is an integral part of the student's course of |
20 | study and is performed under the direct supervision of a |
21 | genetic counselor or a physician licensed to practice |
22 | medicine and surgery without restriction assigned to |
23 | supervise the student. |
24 | (4) A person trained as a genetic counselor who |
25 | reapplies for the ABCG certification examination and gathers |
26 | logbook cases under general supervision in an approved |
27 | genetic counseling training site. |
28 | (5) A person trained as a Ph.D. medical geneticist who |
29 | reapplies for the ABMG certification examination and gathers |
30 | logbook cases under a supervisor identified in the training |
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1 | program's ABMG accreditation documents as a member of the |
2 | training faculty. |
3 | (f) Qualifications.--An applicant shall be licensed to |
4 | practice genetic counseling under this act if the applicant |
5 | meets all of the following qualifications and has otherwise |
6 | complied with the provisions of this act: |
7 | (1) The person is at least 21 years of age. |
8 | (2) The person is of good moral character. |
9 | (3) The person has received a master's degree in genetic |
10 | counseling from an ABGC-accredited or ABMG-accredited |
11 | educational program, or the person has received a doctoral |
12 | degree and has successfully completed an ABMG-accredited |
13 | medical genetics educational program. |
14 | (4) The person has passed the examination for |
15 | certification as a genetic counselor by the American Board of |
16 | Genetic Counseling or the American Board of Medical Genetics |
17 | or has passed the examination for certification as a medical |
18 | or clinical geneticist by the American Board of Medical |
19 | Genetics. |
20 | (5) The person has completed an application form |
21 | provided by the board and paid the appropriate fee. |
22 | (g) Licensure of noncertified persons.--For a period of |
23 | three years after the effective date of this section, the board |
24 | may issue a license to a person who meets all of the |
25 | qualifications for licensure except for the requirements of |
26 | subsection (f)(3) and (4), provided: |
27 | (1) The person has worked as a genetic counselor for a |
28 | minimum of ten years preceding the enactment of this section. |
29 | (2) The person has received a master's or higher degree |
30 | in genetics or a related field of study. |
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1 | (3) The person has never failed the ABGC or ABMG |
2 | certification examination. |
3 | (4) The person submits at least three letters of |
4 | recommendation, one of which must be from a genetic counselor |
5 | certified by ABGC or ABMG and one must be from either a |
6 | clinical geneticist certified by ABMG or a medical geneticist |
7 | certified by ABMG. A person who submits a letter of |
8 | recommendation must have worked with the applicant in an |
9 | employment setting during the previous ten years and can |
10 | attest to the applicant's competency in providing genetic |
11 | counseling services. |
12 | (5) The person provides documentation of attending ABGC- |
13 | approved continuing education programs within the previous |
14 | five years. |
15 | (h) Provisional license.-- |
16 | (1) The board may issue a provisional license to |
17 | practice genetic counseling to a person who meets all of the |
18 | qualifications for licensure except for the certification |
19 | requirement of subsection (f)(4), provided the person has |
20 | been granted active candidate status establishing eligibility |
21 | to sit for the next available certification examination by |
22 | the American Board of Genetic Counseling or the American |
23 | Board of Medical Genetics. |
24 | (2) A provisional license shall allow the person to |
25 | practice under the supervision of a genetic counselor or a |
26 | physician licensed to practice medicine and surgery without |
27 | restriction until the person receives certification from the |
28 | ABGC or the ABMG or two examination cycles have elapsed, |
29 | whichever comes first. |
30 | (3) Under no circumstances shall a person continue to |
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1 | practice on a provisional license for more than 30 days after |
2 | notification that the person has not passed the examination |
3 | within two examination cycles after receiving the provisional |
4 | license. |
5 | (i) Licensure fees.--All application and licensure fees |
6 | shall be set by the board by regulation. |
7 | (j) Reciprocal disciplinary action.--Disciplinary action |
8 | taken by the State Board of Medicine against a person who is a |
9 | genetic counselor licensed by it shall be enforceable by the |
10 | State Board of Osteopathic Medicine against the person if the |
11 | person holds or seeks a license to practice as a genetic |
12 | counselor with the State Board of Osteopathic Medicine. |
13 | (k) Continuing education.-- |
14 | (1) The board shall adopt, promulgate and enforce rules |
15 | and regulations consistent with the provisions of this |
16 | section establishing requirements of continuing education to |
17 | be met by persons licensed as genetic counselors under this |
18 | section as a condition for renewal of their licenses. The |
19 | regulations shall include any fees necessary for the board to |
20 | carry out its responsibilities under this section. |
21 | (2) Beginning with the license period designated by |
22 | regulation, licensees shall attend and complete 30 hours of |
23 | mandatory continuing education during each two-year license |
24 | period. Nationally certified education courses shall be |
25 | considered as creditable, in addition to any other courses |
26 | the board deems creditable toward meeting the requirements |
27 | for continuing education. |
28 | (3) A person who applies for the first time for |
29 | licensure in this Commonwealth shall be exempt from the |
30 | continuing education requirements for the biennial renewal |
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1 | period following initial licensure. |
2 | (4) (i) The board may waive all or a portion of the |
3 | continuing education requirement for biennial renewal for |
4 | a licensee who shows to the satisfaction of the board |
5 | that the licensee was unable to complete the requirements |
6 | due to serious illness, military service or other |
7 | demonstrated hardship. |
8 | (ii) The request must be in writing with appropriate |
9 | documentation and include a description of circumstances |
10 | sufficient to show why the licensee was unable to comply |
11 | with the continuing education requirement. |
12 | (5) A licensee seeking to reinstate an inactive or |
13 | lapsed license must present proof of compliance with the |
14 | continuing education requirement for the preceding biennium. |
15 | (6) All courses, locations, instructors and providers |
16 | shall be approved by the board. No credit shall be given for |
17 | any course in office management. |
18 | Section 3. The State Board of Medicine shall promulgate |
19 | regulations to carry out the provisions of this act within 18 |
20 | months of the effective date of this section. |
21 | Section 4. This act shall take effect in 60 days. |
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