| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 288, 1445, 2632 | PRINTER'S NO. 2875 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY KILLION, CALTAGIRONE, GEIST, GINGRICH, MANN, MICOZZIE, MILLER, MILNE, MUSTIO, VULAKOVICH, FLECK AND MURT, JANUARY 31, 2011 |
| |
| |
| SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, DECEMBER 12, 2011 |
| |
| |
| |
| AN ACT |
| |
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 |
10 | (P.L.1109, No.261), known as the Osteopathic Medical Practice |
11 | Act, is 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 |
|
1 | applicants who have received approval from the American Board of |
2 | Genetic Counseling or the American Board of Medical Genetics to |
3 | sit for their respective certification examinations. |
4 | * * * |
5 | "Genetic counselor." An individual who is licensed to |
6 | practice genetic counseling by the State Board of Medicine or |
7 | the State Board of Osteopathic Medicine. |
8 | "Genetic counseling." The provision of services to |
9 | individuals, couples, families and organizations by one or more |
10 | appropriately trained individuals to address the physical and |
11 | psychological issues associated with the occurrence or risk of |
12 | occurrence of a genetic disorder, birth defect or genetically |
13 | influenced condition or disease in an individual or a family. |
14 | * * * |
15 | Section 2. The act is amended by adding a section to read: |
16 | Section 10.3. Genetic counselor. |
17 | (a) License required.--Two years after the effective date of |
18 | this section, it shall be unlawful for any person to hold |
19 | himself out to the public as a genetic counselor or to practice |
20 | or offer to practice genetic counseling unless the person holds |
21 | an active A license issued by the board or the State Board of | <-- |
22 | Medicine. |
23 | (b) Use of title.--An individual who holds an active license |
24 | as provided by this act may hold himself out to the public by |
25 | any title or description of services incorporating the term |
26 | "genetic counselor" or use any words or symbols indicating or | <-- |
27 | tending to indicate that the individual is a genetic counselor, |
28 | except as otherwise provided by this act. |
29 | (c) Scope of practice.-- |
30 | (1) A genetic counselor may provide genetic counseling |
|
1 | to clients, which includes: |
2 | (i) Obtain and evaluate individual, and family and | <-- |
3 | medical histories to determine genetic risk for genetic |
4 | or medical conditions and diseases in a patient, the | <-- |
5 | patient's offspring and other family members. |
6 | (ii) Discuss the features, natural history, means of |
7 | diagnosis, genetic and environmental factors and |
8 | management of risk for the genetic or medical conditions |
9 | and diseases. |
10 | (iii) Identify and coordinate genetic laboratory |
11 | tests and other diagnostic studies as appropriate for the |
12 | genetic assessment. |
13 | (iv) Integrate the genetic laboratory test results | <-- |
14 | and other diagnostic studies with personal and family |
15 | medical histories to assess and communicate risk factors |
16 | for genetic or medical conditions and diseases. |
17 | (v) Explain the clinical implications of genetic |
18 | laboratory tests and other diagnostic studies and their |
19 | results. |
20 | (vi) Evaluate the client's or family's responses to |
21 | the condition or risk of the recurrence and provide |
22 | client-centered counseling and anticipatory guidance. | <-- |
23 | (vii) Identify and utilize community resources that |
24 | provide medical, educational, financial and psychosocial |
25 | support and advocacy. |
26 | (viii) Provide written documentation of medical, |
27 | genetic and counseling information for families and |
28 | health care professionals. |
29 | (2) When in the course of providing genetic counseling |
30 | services to a client, if a genetic counselor finds any |
|
1 | indication of a disease or condition that requires |
2 | professional service diagnosis and treatment outside the | <-- |
3 | scope of practice defined in this section, the genetic |
4 | counselor shall refer the client to a licensed physician or | <-- |
5 | appropriate health care practitioner. |
6 | (3) Nothing in this subsection shall be construed to |
7 | authorize a genetic counselor to diagnose, test or treat any |
8 | genetic disease or condition or other disease or condition. | <-- |
9 | (d) Exemptions.--The following persons may provide genetic |
10 | counseling without holding the license required by this section |
11 | as indicated: |
12 | (1) A person licensed under any other section of this |
13 | act or any other law of this Commonwealth, while acting |
14 | within the scope of practice of the person's license and |
15 | training, provided the person does not hold himself out to |
16 | the public as a genetic counselor. |
17 | (2) A person employed by the Federal Government to |
18 | provide genetic counseling while in the discharge of the |
19 | person's official duties. |
20 | (3) A student enrolled in an ABGC-accredited or ABMG- |
21 | accredited genetic counseling educational program or an ABMG- |
22 | accredited medical genetics educational program or a graduate | <-- |
23 | nursing education program in genetics, if the counseling is |
24 | an integral part of the student's course of study and is |
25 | performed under the direct supervision of a genetic counselor |
26 | or a, licensed physician, certified registered nurse | <-- |
27 | practitioner with a specialty or subspecialty in genetics or |
28 | clinical nurse specialist with a specialty or subspecialty in |
29 | genetics. |
30 | (4) A person trained as a genetic counselor who |
|
1 | reapplies for the ABGC certification examination and is |
2 | working under general supervision in an approved genetic |
3 | counseling training site. |
4 | (5) A person trained as a Ph.D. medical geneticist who |
5 | reapplies for the ABMG certification examination and gathers | <-- |
6 | logbook cases documents the number of cases in a logbook | <-- |
7 | under a supervisor identified in the training program's ABMG |
8 | accreditation documents as a member of the training faculty. |
9 | (e) Qualifications.--An applicant shall be licensed to |
10 | practice genetic counseling under this act if the applicant |
11 | meets all of the following qualifications and has otherwise |
12 | complied with the provisions of this act: |
13 | (1) The person is at least 21 years of age. |
14 | (2) The person is of good moral character. |
15 | (3) The person has received a master's degree or |
16 | doctoral degree in human genetics or genetic counseling from |
17 | AN ABGC-accredited or ABMG-accredited educational program, or |
18 | has met the requirements for certification by the ABGC or |
19 | ABMG. |
20 | (4) The person has passed the examination for |
21 | certification as a genetic counselor by the ABGC or the ABMG |
22 | or has passed the examination for certification as a Ph.D. |
23 | medical geneticist by the ABMG, as approved by the board. | <-- |
24 | (5) The person has completed an application form |
25 | provided by the board and paid the appropriate fee. |
26 | (f) Licensure of noncertified persons.--For a period of |
27 | three years after the effective date of this section, the board |
28 | may issue a license to a person who meets all of the |
29 | qualifications for licensure except for the requirements of |
30 | subsection (e)(3) and (4), provided: |
|
1 | (1) The person has received a master's degree or higher |
2 | degree in genetics or a related field of study and has worked |
3 | as a genetic counselor for a minimum of three continuous | <-- |
4 | years preceding the enactment of this section or has received |
5 | a bachelor of science degree in genetics or a related field |
6 | of study and has been employed as a genetic counselor for at |
7 | least ten continuous years prior to the enactment of this | <-- |
8 | section. |
9 | (2) The person submits at least three letters of |
10 | recommendation, one of which must be from a genetic counselor |
11 | certified by ABGC or ABMG and one must be from either a |
12 | clinical geneticist certified by ABMG or a medical geneticist |
13 | certified by ABMG. A person who submits a letter of |
14 | recommendation must have worked with the applicant in an |
15 | employment setting during the previous ten continuous years | <-- |
16 | and can attest to the applicant's competency in providing |
17 | genetic counseling services. |
18 | (g) Provisional license.-- |
19 | (1) The board may issue a provisional license to |
20 | practice genetic counseling to a person who meets all of the |
21 | qualifications for licensure except for the certification |
22 | requirement of subsection (e)(4), provided the person has |
23 | been granted active candidate status establishing eligibility |
24 | to sit for the next available certification examination by |
25 | the ABGC or the ABMG. |
26 | (2) A provisional license shall allow the person to |
27 | practice under the supervision of a genetic counselor or a |
28 | licensed physician until the person receives certification |
29 | from the ABGC or the ABMG or two examination cycles have |
30 | elapsed, whichever comes first. |
|
1 | (3) Under no circumstances shall a person continue to |
2 | practice on a provisional license upon notification that the |
3 | person has not passed the examination within two examination |
4 | cycles after receiving the provisional license. |
5 | (h) Licensure fees.--All application and licensure fees |
6 | shall be set by the board by regulation. Until such time as the | <-- |
7 | board adopts a fee by regulation, applicants shall pay a |
8 | biennial fee of $125. |
9 | (i) Reciprocal disciplinary action.--Disciplinary action |
10 | taken by the board against a person who is a genetic counselor |
11 | shall be enforceable by the State Board of Medicine against the |
12 | person if the person holds or seeks a license to practice as a |
13 | genetic counselor with the State Board of Medicine. |
14 | (j) Continuing education.-- |
15 | (1) The board shall promulgate regulations establishing | <-- |
16 | requirements of continuing education to be met by persons |
17 | licensed as genetic counselors under this section as a |
18 | condition for renewal of their licenses. |
19 | (1) For each license renewal, a licensee shall complete | <-- |
20 | within the immediately preceding two-year period at least 30 |
21 | hours of continuing education as approved by the board. The |
22 | licensee shall provide the board with evidence of the |
23 | completion of the continuing education. No credit shall be |
24 | given for any course in office management or practice |
25 | building. |
26 | (2) A person who applies for initial licensure in this |
27 | Commonwealth shall be exempt from the continuing education |
28 | requirements for the biennial renewal period following |
29 | initial licensure. |
30 | (3) The board may waive all or a portion of the |
|
1 | continuing education requirement for biennial renewal for a |
2 | licensee who shows to the satisfaction of the board that the |
3 | licensee was unable to complete the requirements due to |
4 | serious illness, military service or other demonstrated |
5 | hardship. |
6 | (4) Continuing education programs and program providers | <-- |
7 | under this subsection shall be approved by the board in |
8 | accordance with standards and criteria established by the |
9 | board by regulation. The regulation shall include any fees |
10 | necessary to implement this provision and provide for waiver |
11 | of the continuing education requirement due to illness or |
12 | hardship in any licensing renewal period. |
13 | (k) Liability insurance.-- |
14 | (1) A licensee under this section, practicing in this |
15 | Commonwealth, shall maintain a level of professional |
16 | liability insurance coverage in the minimum amount of |
17 | $1,000,000 per occurrence or claims made. Failure to maintain |
18 | insurance coverage as required shall subject the licensee to |
19 | disciplinary proceedings. The board shall accept as |
20 | satisfactory evidence of insurance coverage any of the |
21 | following: |
22 | (i) self-insurance; |
23 | (ii) personally purchased liability insurance; or |
24 | (iii) professional liability insurance coverage |
25 | provided by the genetic counselor's employer or similar |
26 | insurance coverage acceptable to the board. |
27 | (2) An applicant shall provide proof that the applicant |
28 | has obtained professional liability insurance in accordance |
29 | with paragraph (1). It is sufficient if the applicant files |
30 | with the application a copy of a letter from the applicant's |
|
1 | professional liability insurance carrier indicating that the |
2 | applicant will be covered against professional liability in |
3 | the required amounts effective upon the issuance of the |
4 | applicant's license to practice genetic counseling in this |
5 | Commonwealth. |
6 | (3) Upon issuance of a license, a licensee has 30 days |
7 | to submit to the board the certificate of insurance or a copy |
8 | of the policy declaration page. |
9 | (4) The board shall adopt by regulation standards and |
10 | procedures established by the Insurance Commissioner for |
11 | self-insurance. In the absence of these standards and |
12 | procedures, the board, after consultation with the Insurance |
13 | Commissioner, shall establish standards and procedures by |
14 | regulation for self-insurance under this subsection. |
15 | Section 3. The State Board of Osteopathic Medicine shall |
16 | promulgate regulations to carry out the provisions of this act |
17 | within 18 12 months of the effective date of this section. | <-- |
18 | Pending the promulgation of regulations, the board shall | <-- |
19 | promulgate a statement of policy setting forth the application |
20 | form for initial licensure under this act. The statement of |
21 | policy shall expire upon the approval of the final regulations. |
22 | Section 4. This act shall take effect in 60 days. |
|