Bill Text: PA HB127 | 2009-2010 | Regular Session | Amended

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Bill Title: Further providing for definitions; and providing for regulation of genetic counselors.

Spectrum: Slight Partisan Bill (Republican 11-5)

Status: (Engrossed - Dead) 2010-10-12 - Referred to CONSUMER PROTECTION AND PROFESSIONAL LICENSURE [HB127 Detail]

Download: Pennsylvania-2009-HB127-Amended.html

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PRIOR PRINTER'S NOS. 123, 2771 PRINTER'S NO. 4411
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 127 Session of2009
INTRODUCED BY KILLION, ADOLPH, BEYER, CLYMER, GEIST, MANN, MELIO, MILLER, MUSTIO, SIPTROTH, VULAKOVICH, MURT, HARPER, GINGRICH, LENTZ AND CALTAGIRONE, JANUARY 30, 2009
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, SEPTEMBER 29, 2010
AN ACT
Amending the act of October 5, 1978 (P.L.1109, No.261), entitled
"An act requiring the licensing of practitioners of
osteopathic medicine and surgery; regulating their practice;
providing for certain funds and penalties for violations and
repeals," further providing for definitions; and providing
for regulation of genetic counselors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of October 5, 1978 (P.L.
1109, No.261), known as the Osteopathic Medical Practice Act, is
amended by adding definitions to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
"ABGC." The American Board of Genetic Counseling.
"ABMG." The American Board of Medical Genetics.
"Active candidate status." The designation awarded to
applicants who have received approval from the American Board of
Genetic Counseling or the American Board of Medical Genetics to
sit for their respective certification examinations.
* * *
"Genetic counselor." An individual who is licensed to
practice genetic counseling by the State Board of Medicine or
the State Board of Osteopathic Medicine.
"Genetic counseling." The provision of services to
individuals, couples, families and organizations by one or more
appropriately trained individuals to address the physical and
psychological issues associated with the occurrence or risk of
occurrence of a genetic disorder, birth defect or genetically
influenced condition or disease in an individual or a family.
* * *
Section 2. The act is amended by adding a section to read:
Section 10.3. Genetic counselor.
(a) License required.--Two years after the effective date of
this section, it shall be unlawful for any person to hold
himself out to the public as a genetic counselor or to practice
or offer to practice genetic counseling unless the person holds
an active license issued by the board or the State Board of
Medicine.
(b) Use of title.--An individual who holds an active license
as provided by this act may hold himself out to the public by
any title or description of services incorporating the term
"genetic counselor" or use any words or symbols indicating or
tending to indicate that the individual is a genetic counselor,
except as otherwise provided by this act.
(c) Scope of practice.--
(1) A genetic counselor may provide genetic counseling
to clients, which includes:
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(i) Obtaining and interpreting reviewing individual <--
and family medical, developmental and reproductive
histories.
(ii) Determining the mode of inheritance and risk of
transmission of genetic conditions and birth defects.
(iii) Explaining the inheritance, features, natural
history, diagnosis and management of these conditions.
(iv) Identifying, coordinating, interpreting <--
reviewing and explaining genetic tests and other <--
diagnostic studies.
(v) Assessing psychosocial factors, recognizing
social, educational and cultural issues.
(vi) Evaluating the client's or family's responses
to the condition or risk of occurrence and providing
client-centered counseling and anticipatory guidance.
(vii) Facilitating informed decision making about
testing, management and reproductive alternatives.
(viii) Identifying and facilitating access to
resources that provide medical, educational, financial
and psychosocial support and advocacy.
(ix) Providing accurate written documentation of
medical, genetic and counseling information for families
and health care professionals as authorized by written
consent of the client.
(2) When in the course of providing genetic counseling
services to a client, if a genetic counselor finds any
indication of a disease or condition that requires
professional service outside the scope of practice defined in
this section, the genetic counselor shall refer the client to
a licensed physician.
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(3) Nothing in this subsection shall be construed to
authorize a genetic counselor to diagnose, test or treat any
genetic or other disease or condition.
(d) Exemptions.--The following persons may provide genetic
counseling without holding the license required by this section
as indicated:
(1) A person licensed under any other section of this
act or any other law of this Commonwealth, while acting
within the scope of practice of the person's license and
training, provided the person does not hold himself out to
the public as a genetic counselor.
(2) A person employed by the Federal Government to
provide genetic counseling while in the discharge of the
person's official duties.
(3) A student enrolled in an ABGC-accredited or ABMG-
accredited genetic counseling educational program or an ABMG-
accredited medical genetics educational program, if the
counseling is an integral part of the student's course of
study and is performed under the direct supervision of a
genetic counselor or a licensed physician.
(4) A person trained as a genetic counselor who
reapplies for the ABGC certification examination and is
working under general supervision in an approved genetic
counseling training site.
(5) A person trained as a Ph.D. medical geneticist who
reapplies for the ABMG certification examination and gathers
logbook cases under a supervisor identified in the training
program's ABMG accreditation documents as a member of the
training faculty.
(e) Qualifications.--An applicant shall be licensed to
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practice genetic counseling under this act if the applicant
meets all of the following qualifications and has otherwise
complied with the provisions of this act:
(1) The person is at least 21 years of age.
(2) The person is of good moral character.
(3) The person has received a master's degree or
doctoral degree in human genetics or genetic counseling from
AN ABGC-accredited or ABMG-accredited educational program, or
has met the requirements for certification by the ABGC or
ABMG.
(4) The person has passed the examination for
certification as a genetic counselor by the ABGC or the ABMG
or has passed the examination for certification as a Ph.D.
medical geneticist by the ABMG.
(5) The person has completed an application form
provided by the board and paid the appropriate fee.
(f) Licensure of noncertified persons.--For a period of
three years after the effective date of this section, the board
may issue a license to a person who meets all of the
qualifications for licensure except for the requirements of
subsection (e)(3) and (4), provided:
(1) The person has received a master's degree or higher
degree in genetics or a related field of study and has worked
as a genetic counselor for a minimum of three years preceding
the enactment of this section or has received a bachelor of
science degree in genetics or a related field of study and
has been employed as a genetic counselor for at least ten
years prior to the enactment of this section.
(2) The person submits at least three letters of
recommendation, one of which must be from a genetic counselor
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certified by ABGC or ABMG and one must be from either a
clinical geneticist certified by ABMG or a medical geneticist
certified by ABMG. A person who submits a letter of
recommendation must have worked with the applicant in an
employment setting during the previous ten years and can
attest to the applicant's competency in providing genetic
counseling services.
(g) Provisional license.--
(1) The board may issue a provisional license to
practice genetic counseling to a person who meets all of the
qualifications for licensure except for the certification
requirement of subsection (e)(4), provided the person has
been granted active candidate status establishing eligibility
to sit for the next available certification examination by
the ABGC or the ABMG.
(2) A provisional license shall allow the person to
practice under the supervision of a genetic counselor or a
licensed physician until the person receives certification
from the ABGC or the ABMG or two examination cycles have
elapsed, whichever comes first.
(3) Under no circumstances shall a person continue to
practice on a provisional license upon notification that the
person has not passed the examination within two examination
cycles after receiving the provisional license.
(h) Licensure fees.--All application and licensure fees
shall be set by the board by regulation.
(i) Reciprocal disciplinary action.--Disciplinary action
taken by the State Board of Osteopathic Medicine against a
person who is a genetic counselor shall be enforceable by the
State Board of Medicine against the person if the person holds
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or seeks a license to practice as a genetic counselor with the
State Board of Medicine.
(j) Continuing education.--
(1) The board shall promulgate regulations establishing
requirements of continuing education to be met by persons
licensed as genetic counselors under this section as a
condition for renewal of their licenses.
(2) A person who applies for initial licensure in this
Commonwealth shall be exempt from the continuing education
requirements for the biennial renewal period following
initial licensure.
(3) The board may waive all or a portion of the
continuing education requirement for biennial renewal for a
licensee who shows to the satisfaction of the board that the
licensee was unable to complete the requirements due to
serious illness, military service or other demonstrated
hardship.
Section 3. The State Board of Osteopathic Medicine shall
promulgate regulations to carry out the provisions of this act
within 18 months of the effective date of this section.
Section 4. This act shall take effect in 60 days.
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