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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY KILLION, CALTAGIRONE, GEIST, GINGRICH, MANN, MICOZZIE, MILLER, MILNE, MUSTIO, VULAKOVICH AND FLECK, JANUARY 31, 2011 |
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| REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JANUARY 31, 2011 |
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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 |
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 |
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 | an active license issued by the board or the State Board of |
21 | Medicine. |
22 | (b) Use of title.--An individual who holds an active license |
23 | as provided by this act may hold himself out to the public by |
24 | any title or description of services incorporating the term |
25 | "genetic counselor" or use any words or symbols indicating or |
26 | tending to indicate that the individual is a genetic counselor, |
27 | except as otherwise provided by this act. |
28 | (c) Scope of practice.-- |
29 | (1) A genetic counselor may provide genetic counseling |
30 | to clients, which includes: |
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1 | (i) Obtaining and reviewing individual and family |
2 | medical, developmental and reproductive histories. |
3 | (ii) Determining the mode of inheritance and risk of |
4 | transmission of genetic conditions and birth defects. |
5 | (iii) Explaining the inheritance, features, natural |
6 | history, diagnosis and management of these conditions. |
7 | (iv) Identifying, coordinating, reviewing and |
8 | explaining genetic tests and other diagnostic studies. |
9 | (v) Assessing psychosocial factors, recognizing |
10 | social, educational and cultural issues. |
11 | (vi) Evaluating the client's or family's responses |
12 | to the condition or risk of occurrence and providing |
13 | client-centered counseling and anticipatory guidance. |
14 | (vii) Facilitating informed decision making about |
15 | testing, management and reproductive alternatives. |
16 | (viii) Identifying and facilitating access to |
17 | resources that provide medical, educational, financial |
18 | and psychosocial support and advocacy. |
19 | (ix) Providing accurate written documentation of |
20 | medical, genetic and counseling information for families |
21 | and health care professionals as authorized by written |
22 | consent of the client. |
23 | (2) When in the course of providing genetic counseling |
24 | services to a client, if a genetic counselor finds any |
25 | indication of a disease or condition that requires |
26 | professional service outside the scope of practice defined in |
27 | this section, the genetic counselor shall refer the client to |
28 | a licensed physician. |
29 | (3) Nothing in this subsection shall be construed to |
30 | authorize a genetic counselor to diagnose, test or treat any |
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1 | genetic or other disease or condition. |
2 | (d) Exemptions.--The following persons may provide genetic |
3 | counseling without holding the license required by this section |
4 | as indicated: |
5 | (1) A person licensed under any other section of this |
6 | act or any other law of this Commonwealth, while acting |
7 | within the scope of practice of the person's license and |
8 | training, provided the person does not hold himself out to |
9 | the public as a genetic counselor. |
10 | (2) A person employed by the Federal Government to |
11 | provide genetic counseling while in the discharge of the |
12 | person's official duties. |
13 | (3) A student enrolled in an ABGC-accredited or ABMG- |
14 | accredited genetic counseling educational program or an ABMG- |
15 | accredited medical genetics educational program, if the |
16 | counseling is an integral part of the student's course of |
17 | study and is performed under the direct supervision of a |
18 | genetic counselor or a licensed physician. |
19 | (4) A person trained as a genetic counselor who |
20 | reapplies for the ABGC certification examination and is |
21 | working under general supervision in an approved genetic |
22 | counseling training site. |
23 | (5) A person trained as a Ph.D. medical geneticist who |
24 | reapplies for the ABMG certification examination and gathers |
25 | logbook cases under a supervisor identified in the training |
26 | program's ABMG accreditation documents as a member of the |
27 | training faculty. |
28 | (e) Qualifications.--An applicant shall be licensed to |
29 | practice genetic counseling under this act if the applicant |
30 | meets all of the following qualifications and has otherwise |
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1 | complied with the provisions of this act: |
2 | (1) The person is at least 21 years of age. |
3 | (2) The person is of good moral character. |
4 | (3) The person has received a master's degree or |
5 | doctoral degree in human genetics or genetic counseling from |
6 | AN ABGC-accredited or ABMG-accredited educational program, or |
7 | has met the requirements for certification by the ABGC or |
8 | ABMG. |
9 | (4) The person has passed the examination for |
10 | certification as a genetic counselor by the ABGC or the ABMG |
11 | or has passed the examination for certification as a Ph.D. |
12 | medical geneticist by the ABMG. |
13 | (5) The person has completed an application form |
14 | provided by the board and paid the appropriate fee. |
15 | (f) Licensure of noncertified persons.--For a period of |
16 | three years after the effective date of this section, the board |
17 | may issue a license to a person who meets all of the |
18 | qualifications for licensure except for the requirements of |
19 | subsection (e)(3) and (4), provided: |
20 | (1) The person has received a master's degree or higher |
21 | degree in genetics or a related field of study and has worked |
22 | as a genetic counselor for a minimum of three years preceding |
23 | the enactment of this section or has received a bachelor of |
24 | science degree in genetics or a related field of study and |
25 | has been employed as a genetic counselor for at least ten |
26 | years prior to the enactment of this section. |
27 | (2) The person submits at least three letters of |
28 | recommendation, one of which must be from a genetic counselor |
29 | certified by ABGC or ABMG and one must be from either a |
30 | clinical geneticist certified by ABMG or a medical geneticist |
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1 | certified by ABMG. A person who submits a letter of |
2 | recommendation must have worked with the applicant in an |
3 | employment setting during the previous ten years and can |
4 | attest to the applicant's competency in providing genetic |
5 | counseling services. |
6 | (g) Provisional license.-- |
7 | (1) The board may issue a provisional license to |
8 | practice genetic counseling to a person who meets all of the |
9 | qualifications for licensure except for the certification |
10 | requirement of subsection (e)(4), provided the person has |
11 | been granted active candidate status establishing eligibility |
12 | to sit for the next available certification examination by |
13 | the ABGC or the ABMG. |
14 | (2) A provisional license shall allow the person to |
15 | practice under the supervision of a genetic counselor or a |
16 | licensed physician until the person receives certification |
17 | from the ABGC or the ABMG or two examination cycles have |
18 | elapsed, whichever comes first. |
19 | (3) Under no circumstances shall a person continue to |
20 | practice on a provisional license upon notification that the |
21 | person has not passed the examination within two examination |
22 | cycles after receiving the provisional license. |
23 | (h) Licensure fees.--All application and licensure fees |
24 | shall be set by the board by regulation. |
25 | (i) Reciprocal disciplinary action.--Disciplinary action |
26 | taken by the board against a person who is a genetic counselor |
27 | shall be enforceable by the State Board of Medicine against the |
28 | person if the person holds or seeks a license to practice as a |
29 | genetic counselor with the State Board of Medicine. |
30 | (j) Continuing education.-- |
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1 | (1) The board shall promulgate regulations establishing |
2 | requirements of continuing education to be met by persons |
3 | licensed as genetic counselors under this section as a |
4 | condition for renewal of their licenses. |
5 | (2) A person who applies for initial licensure in this |
6 | Commonwealth shall be exempt from the continuing education |
7 | requirements for the biennial renewal period following |
8 | initial licensure. |
9 | (3) The board may waive all or a portion of the |
10 | continuing education requirement for biennial renewal for a |
11 | licensee who shows to the satisfaction of the board that the |
12 | licensee was unable to complete the requirements due to |
13 | serious illness, military service or other demonstrated |
14 | hardship. |
15 | Section 3. The State Board of Osteopathic Medicine shall |
16 | promulgate regulations to carry out the provisions of this act |
17 | within 18 months of the effective date of this section. |
18 | Section 4. This act shall take effect in 60 days. |
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