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| PRIOR PRINTER'S NO. 123 | PRINTER'S NO. 2771 |
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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, HARPER AND GINGRICH, JANUARY 30, 2009 |
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| AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 7, 2009 |
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| AN ACT |
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1 | Amending the act of October 5, 1978 (P.L.1109, No.261), entitled |
2 | "An act requiring the licensing of practitioners of |
3 | osteopathic medicine and surgery; regulating their practice; |
4 | providing for certain funds and penalties for violations and |
5 | repeals," further providing for definitions; and providing |
6 | for regulation of genetic counselors. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 2 of the act of October 5, 1978 (P.L. |
10 | 1109, No.261), known as the Osteopathic Medical Practice Act, is |
11 | amended by adding definitions to read: |
12 | Section 2. Definitions. |
13 | The following words and phrases when used in this act shall |
14 | have, unless the context clearly indicates otherwise, the |
15 | meanings given to them in this section: |
16 | "ABGC." The American Board of Genetic Counseling. |
17 | "ABMG." The American Board of Medical Genetics. |
18 | "Active candidate status." The designation awarded to |
19 | applicants who have received approval from the American Board of |
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1 | Genetic Counseling or the American Board of Medical Genetics to |
2 | sit for their respective certification examinations. |
3 | * * * |
4 | "Genetic counselor." An individual who is licensed to |
5 | practice genetic counseling by the State Board of Medicine or |
6 | the State Board of Osteopathic Medicine. |
7 | "Genetic counseling." The provision of services to |
8 | individuals, couples, families and organizations by one or more |
9 | appropriately trained individuals to address the physical and |
10 | psychological issues associated with the occurrence or risk of |
11 | occurrence of a genetic disorder, birth defect or genetically |
12 | influenced condition or disease in an individual or a family. |
13 | * * * |
14 | Section 2. The act is amended by adding a section to read: |
15 | Section 10.3. Genetic counselor. |
16 | (a) License required.--Two years after the effective date of |
17 | this section, it shall be unlawful for any person to hold |
18 | himself out to the public as a genetic counselor or to practice |
19 | or offer to practice genetic counseling unless the person holds |
20 | a valid, current an active license issued by the board or the | <-- |
21 | State Board of Medicine. |
22 | (b) Use of title.--An individual who holds a valid, current | <-- |
23 | license issued by either board may use the title genetic |
24 | counselor. No other person shall have that right. |
25 | (c) Regulations.--The board may promulgate regulations to |
26 | implement this section. |
27 | (d) an active license as provided by this act may hold | <-- |
28 | himself out to the public by any title or description of |
29 | services incorporating the term "genetic counselor" or use any |
30 | words or symbols indicating or tending to indicate that the |
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1 | individual is a genetic counselor, except as otherwise provided |
2 | by this act. |
3 | (C) Scope of practice.-- |
4 | (1) A genetic counselor may provide genetic counseling |
5 | to clients, which shall include includes: | <-- |
6 | (i) Obtaining and interpreting individual and family |
7 | medical, developmental and reproductive histories. |
8 | (ii) Determining the mode of inheritance and risk of |
9 | transmission of genetic conditions and birth defects. |
10 | (iii) Explaining the inheritance, features, natural |
11 | history, diagnosis and management of these conditions. |
12 | (iv) Identifying, coordinating, interpreting and |
13 | explaining genetic tests and other diagnostic studies. |
14 | (v) Assessing psychosocial factors, recognizing |
15 | social, educational and cultural issues. |
16 | (vi) Evaluating the client's or family's responses |
17 | to the condition or risk of occurrence and providing |
18 | client-centered counseling and anticipatory guidance. |
19 | (vii) Facilitating informed decision making about |
20 | testing, management and reproductive alternatives. |
21 | (viii) Identifying and facilitating access to |
22 | resources that provide medical, educational, financial |
23 | and psychosocial support and advocacy. |
24 | (ix) Providing accurate written documentation of |
25 | medical, genetic and counseling information for families |
26 | and health care professionals as authorized by written |
27 | consent of the client. |
28 | (2) When in the course of providing genetic counseling |
29 | services to a client, if a genetic counselor finds any | <-- |
30 | indication of a disease or condition that requires |
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1 | professional service outside the scope of practice defined in |
2 | this section, the genetic counselor shall refer the client to |
3 | a licensed physician licensed to practice medicine and | <-- |
4 | surgery without restriction. |
5 | (3) Nothing in this subsection shall be construed to |
6 | authorize a genetic counselor to diagnose, test or treat any |
7 | genetic or other disease or condition. |
8 | (e) (d) Exemptions.--The following persons may provide | <-- |
9 | genetic counseling without holding the license required by this |
10 | section as indicated: |
11 | (1) A person licensed under any other section of this |
12 | act or any other law of this Commonwealth, while acting |
13 | within the scope of practice of the person's license and |
14 | training, provided the person does not hold himself out to |
15 | the public as a genetic counselor. |
16 | (2) A person employed by the Federal Government to |
17 | provide genetic counseling while in the discharge of the |
18 | person's official duties. |
19 | (3) A student enrolled in an ABGC-accredited or ABMG- |
20 | accredited genetic counseling educational program or an ABMG- |
21 | accredited medical genetics educational program, if the |
22 | counseling is an integral part of the student's course of |
23 | study and is performed under the direct supervision of a |
24 | genetic counselor or a licensed physician licensed to | <-- |
25 | practice medicine and surgery without restriction assigned to |
26 | supervise the student. |
27 | (4) A person trained as a genetic counselor who |
28 | reapplies for the ABCG ABGC certification examination and | <-- |
29 | gathers logbook cases is working under general supervision in | <-- |
30 | an approved genetic counseling training site. |
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1 | (5) A person trained as a Ph.D. medical geneticist who |
2 | reapplies for the ABMG certification examination and gathers |
3 | logbook cases under a supervisor identified in the training |
4 | program's ABMG accreditation documents as a member of the |
5 | training faculty. |
6 | (f) (e) Qualifications.--An applicant shall be licensed to | <-- |
7 | practice genetic counseling under this act if the applicant |
8 | meets all of the following qualifications and has otherwise |
9 | complied with the provisions of this act: |
10 | (1) The person is at least 21 years of age. |
11 | (2) The person is of good moral character. |
12 | (3) The person has received a master's degree in or | <-- |
13 | doctoral degree in human genetics or genetic counseling from |
14 | and AN ABGC-accredited or ABMG-accredited educational | <-- |
15 | program, or the person has received a doctoral degree and has | <-- |
16 | successfully completed an ABMG-accredited medical genetics |
17 | educational program has met the requirements for | <-- |
18 | certification by the ABGC or ABMG. |
19 | (4) The person has passed the examination for |
20 | certification as a genetic counselor by the American Board of | <-- |
21 | Genetic Counseling or the American Board of Medical Genetics |
22 | ABGC or the ABMG or has passed the examination for | <-- |
23 | certification as a Ph.D. medical or clinical geneticist by | <-- |
24 | the American Board of Medical Genetics ABMG. | <-- |
25 | (5) The person has completed an application form |
26 | provided by the board and paid the appropriate fee. |
27 | (g) (f) Licensure of noncertified persons.--For a period of | <-- |
28 | three years after the effective date of this section, the board |
29 | may issue a license to a person who meets all of the |
30 | qualifications for licensure except for the requirements of |
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1 | subsection (f)(3) (e)(3) and (4), provided: | <-- |
2 | (1) The person has worked as a genetic counselor for a | <-- |
3 | minimum of ten years preceding the effective date of this |
4 | section. |
5 | (2) The person has received a master's or higher degree |
6 | in genetics or a related field of study. |
7 | (3) The person has never failed the ABGC or ABMG |
8 | certification examination. |
9 | (1) The person has received a master's degree or higher | <-- |
10 | degree in genetics or a related field of study and has worked |
11 | as a genetic counselor for a minimum of three years preceding |
12 | the enactment of this section or has received a bachelor of |
13 | science degree in genetics or a related field of study and |
14 | has been employed as a genetic counselor for at least ten |
15 | years prior to the enactment of this section. |
16 | (4) (2) The person submits at least three letters of | <-- |
17 | recommendation, one of which must be from a genetic counselor |
18 | certified by ABGC or ABMG and one must be from either a |
19 | clinical geneticist certified by ABMG or a medical geneticist |
20 | certified by ABMG. A person who submits a letter of |
21 | recommendation must have worked with the applicant in an |
22 | employment setting during the previous ten years and can |
23 | attest to the applicant's competency in providing genetic |
24 | counseling services. |
25 | (5) The person provides documentation of attending ABGC- | <-- |
26 | approved continuing education programs within the previous |
27 | five years. |
28 | (h) (g) Provisional license.-- | <-- |
29 | (1) The board may issue a provisional license to |
30 | practice genetic counseling to a person who meets all of the |
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1 | qualifications for licensure except for the certification |
2 | requirement of subsection (f)(4) (e)(4), provided the person | <-- |
3 | has been granted active candidate status establishing |
4 | eligibility to sit for the next available certification |
5 | examination by the American Board of Genetic Counseling or | <-- |
6 | the American Board of Medical Genetics ABGC or the ABMG. | <-- |
7 | (2) A provisional license shall allow the person to |
8 | practice under the supervision of a genetic counselor or a |
9 | licensed physician licensed to practice medicine and surgery | <-- |
10 | without restriction until the person receives certification |
11 | from the ABGC or the ABMG or two examination cycles have |
12 | elapsed, whichever comes first. |
13 | (3) Under no circumstances shall a person continue to |
14 | practice on a provisional license for more than 30 days after | <-- |
15 | upon notification that the person has not passed the | <-- |
16 | examination within two examination cycles after receiving the |
17 | provisional license. |
18 | (i) (h) Licensure fees.--All application and licensure fees | <-- |
19 | shall be set by the board by regulation. |
20 | (j) (i) Reciprocal disciplinary action.--Disciplinary action | <-- |
21 | taken by the State Board of Osteopathic Medicine against a |
22 | person who is a genetic counselor licensed by it shall be | <-- |
23 | enforceable by the State Board of Medicine against the person if |
24 | the person holds or seeks a license to practice as a genetic |
25 | counselor with the State Board of Medicine. |
26 | (k) (j) Continuing education.-- | <-- |
27 | (1) The board shall adopt, promulgate and enforce rules | <-- |
28 | and regulations consistent with the provisions of this |
29 | section promulgate regulations establishing requirements of | <-- |
30 | continuing education to be met by persons licensed as genetic |
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1 | counselors under this section as a condition for renewal of |
2 | their licenses. The regulations shall include any fees | <-- |
3 | necessary for the board to carry out its responsibilities |
4 | under this section. |
5 | (2) Beginning with the license period designated by |
6 | regulation, licensees shall attend and complete 30 hours of |
7 | mandatory continuing education during each two-year license |
8 | period. Nationally certified education courses shall be |
9 | considered as creditable, in addition to any other courses |
10 | the board deems creditable toward meeting the requirements |
11 | for continuing education. |
12 | (3) (2) A person who applies for the first time for | <-- |
13 | initial licensure in this Commonwealth shall be exempt from | <-- |
14 | the continuing education requirements for the biennial |
15 | renewal period following initial licensure. |
16 | (4) (i) (3) The board may waive all or a portion of | <-- |
17 | the continuing education requirement for biennial renewal for |
18 | a licensee who shows to the satisfaction of the board that |
19 | the licensee was unable to complete the requirements due to |
20 | serious illness, military service or other demonstrated |
21 | hardship. |
22 | (ii) The request must be in writing with appropriate | <-- |
23 | documentation and include a description of circumstances |
24 | sufficient to show why the licensee was unable to comply |
25 | with the continuing education requirement. |
26 | (5) A licensee seeking to reinstate an inactive or |
27 | lapsed license must present proof of compliance with the |
28 | continuing education requirement for the preceding biennium. |
29 | (6) All courses, locations, instructors and providers |
30 | shall be approved by the board. No credit shall be given for |
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1 | any course in office management. |
2 | Section 3. The State Board of Osteopathic Medicine shall |
3 | promulgate regulations to carry out the provisions of this act |
4 | within 18 months of the effective date of this section. |
5 | Section 4. This act shall take effect in 60 days. |
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