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| PRIOR PRINTER'S NO. 288 | PRINTER'S NO. 1445 |
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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, FLECK AND MURT, JANUARY 31, 2011 |
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| AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 6, 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 | (i) Obtain and evaluate individual, family and | <-- |
24 | medical histories to determine genetic risk for genetic |
25 | or medical conditions and diseases in a patient, the |
26 | patient's offspring and other family members. |
27 | (ii) Discuss the features, natural history, means of |
28 | diagnosis, genetic and environmental factors and |
29 | management of risk for the genetic or medical conditions |
30 | and diseases. |
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1 | (iii) Identify and coordinate genetic laboratory |
2 | tests and other diagnostic studies as appropriate for the |
3 | genetic assessment. |
4 | (iv) Integrate genetic laboratory test results and |
5 | other diagnostic studies with personal and family medical |
6 | histories to assess and communicate risk factors for |
7 | genetic or medical conditions and diseases. |
8 | (v) Explain the clinical implications of genetic |
9 | laboratory tests and other diagnostic studies and their |
10 | results. |
11 | (vi) Evaluate the client's or family's responses to |
12 | the condition or risk of the recurrence and provide |
13 | client-centered counseling and anticipatory guidance. |
14 | (vii) Identify and utilize community resources that |
15 | provide medical, educational, financial and psychosocial |
16 | support and advocacy. |
17 | (viii) Provide written documentation of medical, |
18 | genetic and counseling information for families and |
19 | health care professionals. |
20 | (2) When in the course of providing genetic counseling |
21 | services to a client, if a genetic counselor finds any |
22 | indication of a disease or condition that requires |
23 | professional service outside the scope of practice defined in |
24 | this section, the genetic counselor shall refer the client to |
25 | a licensed physician. |
26 | (3) Nothing in this subsection shall be construed to |
27 | authorize a genetic counselor to diagnose, test or treat any |
28 | genetic or other disease or condition. |
29 | (d) Exemptions.--The following persons may provide genetic |
30 | counseling without holding the license required by this section |
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1 | as indicated: |
2 | (1) A person licensed under any other section of this |
3 | act or any other law of this Commonwealth, while acting |
4 | within the scope of practice of the person's license and |
5 | training, provided the person does not hold himself out to |
6 | the public as a genetic counselor. |
7 | (2) A person employed by the Federal Government to |
8 | provide genetic counseling while in the discharge of the |
9 | person's official duties. |
10 | (3) A student enrolled in an ABGC-accredited or ABMG- |
11 | accredited genetic counseling educational program or an ABMG- |
12 | accredited medical genetics educational program, if the |
13 | counseling is an integral part of the student's course of |
14 | study and is performed under the direct supervision of a |
15 | genetic counselor or a licensed physician. |
16 | (4) A person trained as a genetic counselor who |
17 | reapplies for the ABGC certification examination and is |
18 | working under general supervision in an approved genetic |
19 | counseling training site. |
20 | (5) A person trained as a Ph.D. medical geneticist who |
21 | reapplies for the ABMG certification examination and gathers |
22 | logbook cases under a supervisor identified in the training |
23 | program's ABMG accreditation documents as a member of the |
24 | training faculty. |
25 | (e) Qualifications.--An applicant shall be licensed to |
26 | practice genetic counseling under this act if the applicant |
27 | meets all of the following qualifications and has otherwise |
28 | complied with the provisions of this act: |
29 | (1) The person is at least 21 years of age. |
30 | (2) The person is of good moral character. |
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1 | (3) The person has received a master's degree or |
2 | doctoral degree in human genetics or genetic counseling from |
3 | AN ABGC-accredited or ABMG-accredited educational program, or |
4 | has met the requirements for certification by the ABGC or |
5 | ABMG. |
6 | (4) The person has passed the examination for |
7 | certification as a genetic counselor by the ABGC or the ABMG |
8 | or has passed the examination for certification as a Ph.D. |
9 | medical geneticist by the ABMG. |
10 | (5) The person has completed an application form |
11 | provided by the board and paid the appropriate fee. |
12 | (f) Licensure of noncertified persons.--For a period of |
13 | three years after the effective date of this section, the board |
14 | may issue a license to a person who meets all of the |
15 | qualifications for licensure except for the requirements of |
16 | subsection (e)(3) and (4), provided: |
17 | (1) The person has received a master's degree or higher |
18 | degree in genetics or a related field of study and has worked |
19 | as a genetic counselor for a minimum of three years preceding |
20 | the enactment of this section or has received a bachelor of |
21 | science degree in genetics or a related field of study and |
22 | has been employed as a genetic counselor for at least ten |
23 | years prior to the enactment of this section. |
24 | (2) The person submits at least three letters of |
25 | recommendation, one of which must be from a genetic counselor |
26 | certified by ABGC or ABMG and one must be from either a |
27 | clinical geneticist certified by ABMG or a medical geneticist |
28 | certified by ABMG. A person who submits a letter of |
29 | recommendation must have worked with the applicant in an |
30 | employment setting during the previous ten years and can |
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1 | attest to the applicant's competency in providing genetic |
2 | counseling services. |
3 | (g) Provisional license.-- |
4 | (1) The board may issue a provisional license to |
5 | practice genetic counseling to a person who meets all of the |
6 | qualifications for licensure except for the certification |
7 | requirement of subsection (e)(4), provided the person has |
8 | been granted active candidate status establishing eligibility |
9 | to sit for the next available certification examination by |
10 | the ABGC or the ABMG. |
11 | (2) A provisional license shall allow the person to |
12 | practice under the supervision of a genetic counselor or a |
13 | licensed physician until the person receives certification |
14 | from the ABGC or the ABMG or two examination cycles have |
15 | elapsed, whichever comes first. |
16 | (3) Under no circumstances shall a person continue to |
17 | practice on a provisional license upon notification that the |
18 | person has not passed the examination within two examination |
19 | cycles after receiving the provisional license. |
20 | (h) Licensure fees.--All application and licensure fees |
21 | shall be set by the board by regulation. |
22 | (i) Reciprocal disciplinary action.--Disciplinary action |
23 | taken by the board against a person who is a genetic counselor |
24 | shall be enforceable by the State Board of Medicine against the |
25 | person if the person holds or seeks a license to practice as a |
26 | genetic counselor with the State Board of Medicine. |
27 | (j) Continuing education.-- |
28 | (1) The board shall promulgate regulations establishing |
29 | requirements of continuing education to be met by persons |
30 | licensed as genetic counselors under this section as a |
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1 | condition for renewal of their licenses. |
2 | (2) A person who applies for initial licensure in this |
3 | Commonwealth shall be exempt from the continuing education |
4 | requirements for the biennial renewal period following |
5 | initial licensure. |
6 | (3) The board may waive all or a portion of the |
7 | continuing education requirement for biennial renewal for a |
8 | licensee who shows to the satisfaction of the board that the |
9 | licensee was unable to complete the requirements due to |
10 | serious illness, military service or other demonstrated |
11 | hardship. |
12 | Section 3. The State Board of Osteopathic Medicine shall |
13 | promulgate regulations to carry out the provisions of this act |
14 | within 18 months of the effective date of this section. |
15 | Section 4. This act shall take effect in 60 days. |
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