Bill Text: PA HB125 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Further providing for definitions; and providing for regulation of genetic counselors.

Spectrum: Slight Partisan Bill (Republican 11-5)

Status: (Engrossed - Dead) 2010-10-12 - Referred to CONSUMER PROTECTION AND PROFESSIONAL LICENSURE [HB125 Detail]

Download: Pennsylvania-2009-HB125-Amended.html

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PRIOR PRINTER'S NO. 121 PRINTER'S NO. 2770
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 125 Session of2009
INTRODUCED BY KILLION, ADOLPH, BEYER, CLYMER, GEIST, MANN, MELIO, MILLER, MUSTIO, SIPTROTH, VULAKOVICH, MURT, HARPER AND GINGRICH, JANUARY 30, 2009
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 7, 2009
AN ACT
Amending the act of December 20, 1985 (P.L.457, No.112),
entitled "An act relating to the right to practice medicine
and surgery and the right to practice medically related acts;
reestablishing the State Board of Medical Education and
Licensure as the State Board of Medicine and providing for
its composition, powers and duties; providing for the
issuance of licenses and certificates and the suspension and
revocation of licenses and certificates; providing penalties;
and making repeals," further providing for definitions; and
providing for regulation of genetic counselors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of December 20, 1985 (P.L.
457, No.112), known as the Medical Practice Act of 1985, is
amended by adding definitions to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"ABGC." The American Board of Genetic Counseling.
"ABMG." The American Board of Medical Genetics.
* * *
"Active candidate status." The designation awarded to
applicants who have received approval from the American Board of
Genetic Counseling or the American Board of Medical Genetics to
sit for their respective certification examinations.
* * *
"Genetic counselor." An individual who is licensed to
practice genetic counseling by the State Board of Medicine or
the State Board of Osteopathic Medicine.
"Genetic counseling." The provision of services to
individuals, couples, families and organizations by one or more
appropriately trained individuals to address the physical and
psychological issues associated with the occurrence or risk of
occurrence of a genetic disorder, birth defect or genetically
influenced condition or disease in an individual or a family.
* * *
Section 2. The act is amended by adding a section to read:
Section 13.4. Genetic counselor.
(a) License required.--Two years after the effective date of
this section, it shall be unlawful for any person to hold
himself out to the public as a genetic counselor or to practice
or offer to practice genetic counseling unless the person holds
a valid, current an active license issued by the board or the <--
State Board of Osteopathic Medicine.
(b) Use of title.--An individual who holds a valid, current <--
license issued by either board may use the title genetic
counselor. No other person shall have that right.
(c) Regulations.--The board is authorized to promulgate
regulations to implement this section an active license as <--
provided by this act may hold himself out to the public by any
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title or description of services incorporating the term "genetic
counselor" or use any words or symbols indicating or tending to
indicate that the individual is a genetic counselor, except as
otherwise provided by this act.
(d) (c) Scope of practice.-- <--
(1) A genetic counselor may provide genetic counseling
to clients, which shall include includes: <--
(i) Obtaining and interpreting individual and family
medical, developmental and reproductive histories.
(ii) Determining the mode of inheritance and risk of
transmission of genetic conditions and birth defects.
(iii) Explaining the inheritance, features, natural
history, diagnosis and management of these conditions.
(iv) Identifying, coordinating, interpreting and
explaining genetic tests and other diagnostic studies.
(v) Assessing psychosocial factors, recognizing
social, educational and cultural issues.
(vi) Evaluating the client's or family's responses
to the condition or risk of occurrence and providing
client-centered counseling and anticipatory guidance.
(vii) Facilitating informed decision making about
testing, management and reproductive alternatives.
(viii) Identifying and facilitating access to
resources that provide medical, educational, financial
and psychosocial support and advocacy.
(ix) Providing accurate written documentation of
medical, genetic and counseling information for families
and health care professionals as authorized by written
consent of the client.
(2) When in the course of providing genetic counseling
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services to a client, if a genetic counselor finds any <--
indication of a disease or condition that requires
professional service outside the scope of practice defined in
this section, the genetic counselor shall refer the client to
a licensed physician licensed to practice medicine and <--
surgery without restriction.
(3) Nothing in this subsection shall be construed to
authorize a genetic counselor to diagnose, test or treat any
genetic or other disease or condition.
(e) (d) Exemptions.--The following persons may provide <--
genetic counseling without holding the license required by this
section as indicated:
(1) A person licensed under any other section of this
act or any other law of this Commonwealth, while acting
within the scope of practice of the person's license and
training, provided the person does not hold himself out to
the public as a genetic counselor.
(2) A person employed by the Federal Government to
provide genetic counseling while in the discharge of the
person's official duties.
(3) A student enrolled in an ABGC-accredited or ABMG-
accredited genetic counseling educational program or an ABMG-
accredited medical genetics educational program, if the
counseling is an integral part of the student's course of
study and is performed under the direct supervision of a
genetic counselor or a licensed physician licensed to <--
practice medicine and surgery without restriction assigned to
supervise the student.
(4) A person trained as a genetic counselor who
reapplies for the ABCG ABGC certification examination and <--
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gathers logbook cases is working under general supervision in <--
an approved genetic counseling training site.
(5) A person trained as a Ph.D. medical geneticist who
reapplies for the ABMG certification examination and gathers
logbook cases under a supervisor identified in the training
program's ABMG accreditation documents as a member of the
training faculty.
(f) (e) Qualifications.--An applicant shall be licensed to <--
practice genetic counseling under this act if the applicant
meets all of the following qualifications and has otherwise
complied with the provisions of this act:
(1) The person is at least 21 years of age.
(2) The person is of good moral character.
(3) The person has received a master's degree in or <--
doctoral degree in human genetics or genetic counseling from
an ABGC-accredited or ABMG-accredited educational program, or
the person has received a doctoral degree and has <--
successfully completed an ABMG-accredited medical genetics
educational program has met the requirements for <--
certification by the ABGC or ABMG.
(4) The person has passed the examination for
certification as a genetic counselor by the American Board of <--
Genetic Counseling ABGC or the American Board of Medical <--
Genetics ABMG or has passed the examination for certification <--
as a Ph.D. medical or clinical geneticist by the American <--
Board of Medical Genetics ABMG. <--
(5) The person has completed an application form
provided by the board and paid the appropriate fee.
(g) (f) Licensure of noncertified persons.--For a period of <--
three years after the effective date of this section, the board
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may issue a license to a person who meets all of the
qualifications for licensure except for the requirements of
subsection (f)(3) (e)(3) and (4), provided: <--
(1) The person has worked as a genetic counselor for a <--
minimum of ten years preceding the enactment of this section.
(2) The person has received a master's or higher degree
in genetics or a related field of study.
(3) The person has never failed the ABGC or ABMG
certification examination.
(1) The person has received a master's or higher degree <--
in genetics or a related field of study and has worked as a
genetic counselor for a minimum of three years preceding the
enactment of this section or has received a bachelor's degree
in genetics or a related field of study and has been employed
as a genetic counselor for at least ten years prior to the
enactment of this section.
(4) (2) The person submits at least three letters of <--
recommendation, one of which must be from a genetic counselor
certified by ABGC or ABMG and one must be from either a
clinical geneticist certified by ABMG or a medical geneticist
certified by ABMG. A person who submits a letter of
recommendation must have worked with the applicant in an
employment setting during the previous ten years and can
attest to the applicant's competency in providing genetic
counseling services.
(5) The person provides documentation of attending ABGC- <--
approved continuing education programs within the previous
five years.
(h) (g) Provisional license.-- <--
(1) The board may issue a provisional license to
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practice genetic counseling to a person who meets all of the
qualifications for licensure except for the certification
requirement of subsection (f)(4) (e)(4), provided the person <--
has been granted active candidate status establishing
eligibility to sit for the next available certification
examination by the American Board of Genetic Counseling or <--
the American Board of Medical Genetics ABGC or the ABMG. <--
(2) A provisional license shall allow the person to
practice under the supervision of a genetic counselor or a
licensed physician licensed to practice medicine and surgery <--
without restriction until the person receives certification
from the ABGC or the ABMG or two examination cycles have
elapsed, whichever comes first.
(3) Under no circumstances shall a person continue to
practice on a provisional license for more than 30 days after <--
upon notification that the person has not passed the <--
examination within two examination cycles after receiving the
provisional license.
(i) (h) Licensure fees.--All application and licensure fees <--
shall be set by the board by regulation.
(j) (i) Reciprocal disciplinary action.--Disciplinary action <--
taken by the State Board of Medicine against a person who is a
genetic counselor licensed by it shall be enforceable by the <--
State Board of Osteopathic Medicine against the person if the
person holds or seeks a license to practice as a genetic
counselor with the State Board of Osteopathic Medicine.
(k) (j) Continuing education.-- <--
(1) The board shall adopt, promulgate and enforce rules <--
and regulations consistent with the provisions of this <--
section establishing requirements of continuing education to
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be met by persons licensed as genetic counselors under this
section as a condition for renewal of their licenses. The <--
regulations shall include any fees necessary for the board to
carry out its responsibilities under this section.
(2) Beginning with the license period designated by
regulation, licensees shall attend and complete 30 hours of
mandatory continuing education during each two-year license
period. Nationally certified education courses shall be
considered as creditable, in addition to any other courses
the board deems creditable toward meeting the requirements
for continuing education.
(3) (2) A person who applies for the first time for <--
initial licensure in this Commonwealth shall be exempt from <--
the continuing education requirements for the biennial
renewal period following initial licensure.
(4) (i) The board may waive all or a portion of the <--
continuing education requirement for biennial renewal for a
licensee who shows to the satisfaction of the board that the
licensee was unable to complete the requirements due to
serious illness, military service or other demonstrated
hardship.
(ii) The request must be in writing with appropriate <--
documentation and include a description of circumstances
sufficient to show why the licensee was unable to comply
with the continuing education requirement.
(5) A licensee seeking to reinstate an inactive or
lapsed license must present proof of compliance with the
continuing education requirement for the preceding biennium.
(6) All courses, locations, instructors and providers
shall be approved by the board. No credit shall be given for
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any course in office management.
Section 3. The State Board of Medicine shall promulgate
regulations to carry out the provisions of this act within 18
months of the effective date of this section.
Section 4. This act shall take effect in 60 days.
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