Bill Text: TX HB173 | 2023-2024 | 88th Legislature | Comm Sub

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Bill Title: Relating to the licensing and regulation of genetic counselors; requiring an occupational license; authorizing a fee.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2023-05-24 - Committee report printed and distributed [HB173 Detail]

Download: Texas-2023-HB173-Comm_Sub.html

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By: Klick, Lambert, Morales Shaw H.B. No. 173
(Senate Sponsor - Johnson)
(In the Senate - Received from the House May 1, 2023;
May 1, 2023, read first time and referred to Committee on Business &
Commerce; May 24, 2023, reported favorably by the following vote:
Yeas 8, Nays 2; May 24, 2023, sent to printer.)
Click here to see the committee vote

A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of genetic counselors;
requiring an occupational license; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.2031(a), Occupations Code, is amended
to read as follows:
(a) This section applies only to the regulation of the
following professions by the department:
(1) athletic trainers;
(2) behavior analysts;
(3) dietitians;
(4) genetic counselors;
(5) hearing instrument fitters and dispensers;
(6) [(5)] midwives;
(7) [(6)] orthotists and prosthetists; and
(8) [(7)] speech-language pathologists and
audiologists.
SECTION 2. Subtitle I, Title 3, Occupations Code, is
amended by adding Chapter 508 to read as follows:
CHAPTER 508. LICENSED GENETIC COUNSELORS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 508.001. SHORT TITLE. This chapter may be cited as the
Licensed Genetic Counselor Act.
Sec. 508.002. DEFINITIONS. In this chapter:
(1) "Advisory board" means the Licensed Genetic
Counselor Advisory Board.
(2) "Certifying entity" means the American Board of
Medical Genetics and Genomics, the American Board of Genetic
Counseling, or another entity that is nationally accredited to
issue credentials in the practice of genetic counseling and is
approved by the department.
(3) "Commission" means the Texas Commission of
Licensing and Regulation.
(4) "Department" means the Texas Department of
Licensing and Regulation.
(5) "Executive director" means the executive director
of the department.
(6) "Licensed genetic counselor" means a person
licensed under this chapter to engage in the practice of genetic
counseling.
Sec. 508.003. PRACTICE OF GENETIC COUNSELING. (a) In this
chapter, "practice of genetic counseling" means providing
professional services described by Subsection (b) for compensation
to communicate genetic information to an individual, family, group,
or other entity:
(1) on the documented referral by:
(A) a physician licensed in this state;
(B) a physician assistant licensed in this state;
(C) an advanced practice registered nurse
licensed in this state; or
(D) a person acting under authority delegated
under Subchapter A, Chapter 157; or
(2) by a patient's self-referral.
(b) The practice of genetic counseling:
(1) consists of:
(A) obtaining and evaluating individual, family,
and medical histories to determine the risk for a genetic or medical
condition or disease in a patient, the patient's offspring, or
other family members of the patient;
(B) discussing the features, natural history,
means of diagnosis, genetic and environmental factors, and
management of risk for a genetic or medical condition or disease;
(C) identifying, coordinating, ordering, and
explaining the results of genetic laboratory tests and other
diagnostic studies as appropriate for genetic assessment;
(D) integrating the results of laboratory tests
and other diagnostic studies with medical histories to assess and
communicate risk factors for a genetic or medical condition or
disease;
(E) evaluating a patient's or family member's
response to a genetic or medical condition or disease, including
the risk of recurrence, and providing patient-centered counseling
and anticipatory guidance;
(F) identifying and using community resources
that provide medical, educational, financial, and psychosocial
support and advocacy; and
(G) providing written documentation of medical,
genetic, and counseling information for a patient's family members
and health care providers; and
(2) does not include the diagnosis of disorders.
Sec. 508.004. PRACTICE OF MEDICINE NOT AUTHORIZED. This
chapter does not authorize the practice of medicine as defined by
the law of this state.
Sec. 508.005. APPLICABILITY; EXEMPTIONS. (a) This chapter
does not apply to a physician licensed to practice medicine in this
state unless the physician is a licensed genetic counselor.
(b) A person may engage in the practice of genetic
counseling without holding a license under this chapter if the
person:
(1) is licensed, certified, or registered to practice
in this state in a health care-related occupation and:
(A) acts within the occupation's scope of
practice; and
(B) does not use the title "genetic counselor" or
represent or imply that the person is licensed as a genetic
counselor under this chapter;
(2) is a student or intern:
(A) pursuing a course of study or engaged in a
training program for an occupation regulated by this state and
acting within the occupation's scope of practice; or
(B) enrolled in a graduate-level supervised
genetic counseling training program approved or accepted by the
department and engaged in an activity constituting the practice of
genetic counseling as a required part of the training program; or
(3) is a genetic counselor who:
(A) is certified by a certifying entity;
(B) is not a resident of this state;
(C) performs an activity or provides a service in
this state for not more than 30 days during any year; and
(D) meets any other requirement established by
commission rule.
(c) A student or intern described by Subsection (b)(2)
includes a person who:
(1) is trained as:
(A) a genetic counselor and has applied to take
the certification examination; or
(B) a doctoral medical geneticist and has applied
to take the certification examination; and
(2) has not failed the certification examination more
than twice.
SUBCHAPTER B. LICENSED GENETIC COUNSELOR ADVISORY BOARD
Sec. 508.051. LICENSED GENETIC COUNSELOR ADVISORY BOARD.
(a) The advisory board consists of nine members appointed by the
presiding officer of the commission with the approval of the
commission, as follows:
(1) six licensed genetic counselors, each of whom has
at least two years of experience practicing genetic counseling as a
genetic counselor and is:
(A) licensed under this chapter; or
(B) certified by a certifying entity;
(2) one physician who has experience with genetic
counseling; and
(3) two members who represent the public.
(b) Appointments to the advisory board shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
Sec. 508.052. DUTIES OF ADVISORY BOARD. The advisory board
shall provide advice and recommendations to the department on
technical matters relevant to the administration of this chapter.
Sec. 508.053. TERMS; VACANCY. (a) Members of the advisory
board serve staggered six-year terms, with the terms of three
members expiring February 1 of each odd-numbered year.
(b) A member of the advisory board may not serve more than
two consecutive six-year terms.
(c) If a vacancy occurs during a term of a member of the
advisory board, the presiding officer of the commission, with the
commission's approval, shall appoint a replacement who meets the
qualifications for the vacant position to serve for the remainder
of the term.
Sec. 508.054. PRESIDING OFFICER. The presiding officer of
the commission shall designate a member of the advisory board to
serve as the presiding officer of the advisory board for a term of
two years. The presiding officer of the advisory board may vote on
any matter before the advisory board.
Sec. 508.055. MEETINGS. The advisory board shall meet as
requested by the presiding officer of the commission or the
executive director.
Sec. 508.056. GROUNDS FOR REMOVAL. A member of the advisory
board may be removed as provided by Section 51.209.
Sec. 508.057. COMPENSATION; REIMBURSEMENT. (a) A member
of the advisory board may not receive compensation for service on
the advisory board.
(b) A member of the advisory board is entitled to
reimbursement for actual and necessary expenses incurred in
performing functions as a member of the advisory board, subject to
any applicable limitation on reimbursement provided by the General
Appropriations Act.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 508.101. GENERAL POWERS AND DUTIES. (a) The
commission shall adopt rules consistent with this chapter for the
administration and enforcement of this chapter.
(b) The department shall:
(1) administer and enforce this chapter;
(2) evaluate the qualifications of license
applicants;
(3) provide for the examination of license applicants;
(4) issue licenses;
(5) in connection with a hearing under this chapter,
issue subpoenas, examine witnesses, and administer oaths under the
laws of this state; and
(6) investigate persons engaging in practices that
violate this chapter.
Sec. 508.102. CONFIDENTIALITY OF COMPLAINT AND
DISCIPLINARY INFORMATION. (a) Except as provided by Subsection
(b), all information and materials subpoenaed or compiled by the
department in connection with a complaint and investigation are
confidential and not subject to disclosure under Chapter 552,
Government Code, and not subject to disclosure, discovery,
subpoena, or other means of legal compulsion for their release to
anyone other than the department or its employees or agents
involved in discipline of a license holder.
(b) Information described by Subsection (a) may be
disclosed in accordance with Chapter 51 to:
(1) persons involved with the department in a
disciplinary action against a license holder;
(2) a respondent or the respondent's authorized
representative;
(3) a governmental agency, if:
(A) the disclosure is required or permitted by
law; and
(B) the agency obtaining the disclosure protects
the identity of any patient whose records are examined;
(4) a professional genetic counselor licensing or
disciplinary board in another jurisdiction;
(5) peer assistance programs approved by the
commission under Chapter 467, Health and Safety Code;
(6) law enforcement agencies; and
(7) persons engaged in bona fide research, if all
individual-identifying information has been deleted.
(c) As provided by Chapter 51, notices of alleged violations
issued by the department, commission, or executive director, and
final disciplinary actions, including warnings and reprimands, by
the department, commission, or executive director are not
confidential and are subject to disclosure in accordance with
Chapter 552, Government Code.
(d) Notwithstanding any other law, the requirements of
Chapter 51 related to the confidentiality of complaint and
investigation information for a health-related program are
applicable to complaint and investigation information under this
chapter.
Sec. 508.103. STANDARDS OF ETHICAL PRACTICE. The
commission shall adopt rules under this chapter that establish
standards of ethical practice.
Sec. 508.104. ASSISTANCE FILING COMPLAINT. The department,
in accordance with Section 51.252, shall provide reasonable
assistance to a person who wishes to file a complaint with the
department regarding a person or activity regulated under this
chapter.
Sec. 508.105. FEES. The commission by rule shall set fees
in amounts reasonable and necessary to cover the costs of
administering this chapter.
SUBCHAPTER D. LICENSING REQUIREMENTS
Sec. 508.151. LICENSE REQUIRED. (a) Except as provided by
Section 508.005, a person may not act as a genetic counselor or
engage in the practice of genetic counseling in this state unless
the person holds a license under this chapter.
(b) Except as provided by Section 508.005, unless a person
holds a license under this chapter, the person may not:
(1) use the title or represent or imply that the person
has the title "genetic counselor," "certified genetic counselor,"
"licensed genetic counselor," "gene counselor," "genetic
consultant," or "genetic associate"; or
(2) use any other word, abbreviation, or insignia
indicating or implying that the person is a licensed genetic
counselor.
(c) This chapter may not be construed to prohibit a
physician or an employee or other person acting under a physician's
delegated authority from representing to a patient or the public
that the physician, employee, or person provides genetic
counseling.
Sec. 508.152. LICENSE APPLICATION. An applicant for a
license must:
(1) submit an application in the manner and on a form
prescribed by the department;
(2) successfully complete a state-approved criminal
background check; and
(3) pay the application fee set by the commission.
Sec. 508.153. LICENSE ELIGIBILITY. To be eligible for a
genetic counselor license, a license applicant must present
evidence to the department that the applicant:
(1) has passed an examination by a certifying entity
or an equivalent examination in genetic counseling approved by the
department;
(2) is currently certified by a certifying entity in
genetic counseling or medical genetics;
(3) has met the educational requirements of a
certifying entity, which must include a master's degree in genetic
counseling or medical genetics or an equivalent educational
standard adopted by the certifying entity;
(4) is in compliance with all professional, ethical,
and disciplinary standards established by the certifying entity;
and
(5) is not subject to any disciplinary action by the
certifying entity.
Sec. 508.154. ISSUANCE OF LICENSE. The department shall
issue a genetic counselor license to an applicant who:
(1) complies with the requirements of this chapter;
(2) meets any additional requirements the commission
establishes by rule; and
(3) pays the required fees.
Sec. 508.155. TERM. A license issued under this chapter
expires on the second anniversary of the date of issuance.
Sec. 508.156. RENEWAL. Before the expiration of a license,
a license may be renewed by:
(1) submitting an application for renewal;
(2) paying the renewal fee imposed by the commission;
and
(3) providing verification to the department of
continued certification by a certifying entity, which signifies
that the applicant for renewal has met any continuing education
requirements established by the certifying entity.
SUBCHAPTER E. DISCIPLINARY PROCEDURES
Sec. 508.201. GROUNDS FOR DISCIPLINARY ACTION. In
accordance with Section 51.353, the commission or executive
director may deny, revoke, or suspend a license, refuse to renew a
license, place on probation a person whose license has been
suspended, or reprimand a license holder for a violation of this
chapter, a rule adopted under this chapter, or an order of the
commission or executive director.
SUBCHAPTER F. ENFORCEMENT PROCEDURES
Sec. 508.251. ENFORCEMENT PROCEEDINGS. The commission,
department, or executive director may enforce this chapter, a rule
adopted under this chapter, or an order of the commission or
executive director as provided by Subchapters F and G, Chapter 51.
SECTION 3. (a) As soon as practicable after the effective
date of this Act, the presiding officer of the Texas Commission of
Licensing and Regulation shall appoint nine members to the Licensed
Genetic Counselor Advisory Board in accordance with Chapter 508,
Occupations Code, as added by this Act. In making the initial
appointments, the presiding officer of the commission shall
designate three members for terms expiring February 1, 2025, three
members for terms expiring February 1, 2027, and three members for
terms expiring February 1, 2029.
(b) Notwithstanding Section 508.051, Occupations Code, as
added by this Act, a person who meets the requirements of Section
508.153, Occupations Code, as added by this Act, may be appointed as
an initial licensed genetic counselor member of the Licensed
Genetic Counselor Advisory Board, regardless of whether the person
holds a license issued under Chapter 508, Occupations Code, as
added by this Act.
SECTION 4. Not later than May 1, 2024, the Texas Commission
of Licensing and Regulation shall adopt the rules, procedures, and
fees necessary to administer Chapter 508, Occupations Code, as
added by this Act.
SECTION 5. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2023.
(b) Section 508.151, Occupations Code, as added by this Act,
and Subchapter F, Chapter 508, Occupations Code, as added by this
Act, take effect September 1, 2024.
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