2022 -- S 2205

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LC003892

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- GENETIC COUNSELORS

LICENSING ACT

     

     Introduced By: Senators Sosnowski, Goodwin, Coyne, Miller, Gallo, McCaffrey, and
Euer

     Date Introduced: February 08, 2022

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"

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is hereby amended by adding thereto the following chapter:

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CHAPTER 91

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GENETIC COUNSELORS LICENSING ACT

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     5-91-1. Short title.

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     This chapter shall be known and may be cited as the "Genetic Counselors Licensing Act".

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     5-91-2. Statement of policy.

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     The state of Rhode Island has an interest in regulating the practice of genetic counseling

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and in licensing genetic counselors in order to protect the public health, safety and welfare.

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     5-91-3. Definitions.

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     As used in this chapter, the following words, shall, unless the context requires otherwise,

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have the following meanings:

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     (1) "ABGC" means the American Board of Genetic Counseling, a national agency for

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certification and recertification of genetic counselors or its successor agency.

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     (2) "ABMG" means the American Board of Medical Genetics, a national agency for

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certification and recertification of genetic counselors, MD and DO geneticists and Ph.D. geneticists

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or its successor agency.

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     (3) "ACGC" means the Accreditation Council for Genetic Counseling (ACGC),

 

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accreditation board for genetic counselor training programs or its successor agency.

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     (4) "Department" means the department of health.

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     (5) "Licensed genetic counselor" means a person licensed under this chapter to engage in

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the practice of genetic counseling.

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     (6) "Person" means an individual and does not mean an association of individuals or a legal

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entity.

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     (7) "Practice of genetic counseling" means a communication process, conducted by one or

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more appropriately trained individuals that may include:

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     (i) Obtaining and evaluating individual, family and medical histories to determine genetic

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risk for genetic/medical conditions and diseases in a patient, his/her offspring, and other family

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members;

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     (ii) Discussing the features, natural history, means of diagnosis, genetic and environmental

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factors, and management of risk for genetic/medical conditions and diseases;

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     (iii) Identifying, ordering and coordinating genetic laboratory tests as appropriate for the

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genetic assessment;

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     (iv) Integratic genetic laboratory test results and other diagnostic studies with personal and

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family medical history to assess and communicate risk factors for genetic/medical conditions and

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diseases;

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     (v) Explaining the clinical implications of genetic laboratory tests and other diagnostic

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studies and their results;

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     (vi) Evaluating the client's or family's responses to the condition or risk of recurrence and

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provide client-centered counseling and anticipatory guidance;

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     (vii) Identifying and utilizing community resources that provide medical, educational,

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financial, and psychosocial support and advocacy;

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     (viii) Providing written documentation of medical, genetic, and counseling information for

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families and health care professionals; and

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     (ix) When necessary, referring patients to a physician for diagnosis and treatment.

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     (8) "Provisional licensed genetic counselor" means a person with a provisional license

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issued under § 5-91-7.

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     5-91-4. Genetic counselor license required.

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     Effective July 1, 2023, a license shall be required to engage in the practice of genetic

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counseling. No person shall hold themselves out as a genetic counselor unless they are licensed in

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accordance with the provisions of this chapter. No person who is not so licensed may use in

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connection with their name or place of business the title genetic counselor, licensed genetic

 

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counselor, gene counselor, genetic consultant, genetic associate or any words, letters, abbreviations

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or insignia indicating or implying that a person holds a genetic counselor license unless such person

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holds a genetic counselor license.

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     5-91-5. Powers and duties of department regarding licensing of genetic counselors.

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     For the purposes of conducting its responsibilities under this chapter, the department shall

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have the following powers and duties:

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     (1) To engage persons of established reputation and known ability in genetic counseling as

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consultants to the department; the Rhode Island or New England chapter or affiliate of the National

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Society of Genetic Counselors, if existing, or their successors or equivalent, is designated as the

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appropriate body with which the department shall consult for referral of consultants and other

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assistance to the department;

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     (2) To promulgate regulations and adopt such rules as are necessary to regulate genetic

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counselors;

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     (3) To receive, review, approve or disapprove applications for licensing, renewal and

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reinstatement and to issue those licenses;

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     (4) To establish administrative procedures for processing applications for licenses and

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license renewals and to hire or appoint such agents as are appropriate for processing applications

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for licenses and license renewals;

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     (5) To retain records of its actions and proceedings in accordance with public records laws;

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     (6) To define, by regulation, the appropriate standards for education and experience

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necessary to qualify for licensing, including, but not limited to, continuing professional education

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requirements for licensed genetic counselors and provisional licensed genetic counselors, which

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shall be consistent with those of the American Board of Genetic Counseling, or its successor, and

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for the conduct and ethics which shall govern the practice of genetic counseling;

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     (7) To establish standards of supervision for students or persons in training to become

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qualified to obtain a license in the occupation or profession it represents;

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     (8) To conduct hearings upon charges calling for the discipline of a licensed genetic

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counselor or for revocation of a license pursuant to § 5-91-9. The department has the power to issue

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subpoenas and compel the attendance of witnesses and administer oaths to persons giving testimony

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at hearings. The department shall cause the prosecution of all persons violating this chapter and has

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the power to incur the necessary expenses for the prosecution;

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     (9) To summarily suspend the license of a licensee who poses an imminent danger to the

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public, but a hearing shall be afforded to the licensee within seven (7) days of an action by the

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department to determine whether such summary action is warranted;

 

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     (10) To recover the actual costs and fees, including attorneys' fees, incurred by the

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department in the investigation and prosecution of a licensee upon the finding of a violation of this

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chapter or a rule adopted or an order issued by the department under this chapter;

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     (11) To take such action as may be necessary to enforce the provisions of this chapter and

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to regulate the practice of genetic counseling;

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     (12) To impose a civil penalty not to exceed one thousand dollars ($1,000) for each

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violation by a licensee of this chapter or of rules adopted by the department; and

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     (13) To perform such other functions and duties as may be required to carry out this

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chapter.

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     5-91-6. Genetic counselors; License applications; Fee; Educational and professional

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requirements.

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     An application for an original license or license renewal shall be made on forms approved

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by the department. The initial fee for application for licensure is one hundred seventy dollars

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($170). Licenses shall be renewed every twenty-four (24) months after initial licensure upon

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payment of a fee of one hundred seventy dollars ($170) and in compliance with any additional

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requirements that the department promulgates. An applicant for an original license shall:

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     (1) Meet educational experience qualifications as follows:

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     (i) Successfully completed a genetic counseling education program approved by the

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department; provided, however, that the program shall meet the educational standards established

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by the ACGC or its successor; and provided, further, that the genetic counselor remains certified in

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accordance with the ABGC or ABMG, or their successors;

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     (ii) Earned a master's degree from a genetic counseling training program that is accredited

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by the ACGC or an equivalent as determined by the ACGC, or a doctoral degree from a medical

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genetics training program that is accredited by the ABMG or an equivalent as determined by the

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ABMG;

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     (iii) Completed such experience as may be required by the department;

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     (2) Have passed the examination for certification as:

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     (i) A genetic counselor by the American Board of Genetic Counseling or the American

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Board of Medical Genetics, or successor or equivalent; or

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     (ii) A medical geneticist by the American Board of Medical Genetics, or successor or

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equivalent.

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     (3) Within six (6) months after licensure applications being available, an applicant for a

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license as a genetic counselor may, in lieu of the requirements set forth in subsection (2) of this

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section, submit evidence satisfactory to the department, prior to the date of passage of this chapter,

 

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of the following:

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     (i) Acquisition of eight (8) years of experience in the practice of genetic counseling;

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     (ii) Award, from an accredited institution of higher education, of a master's or doctoral

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degree in genetics or a related field; and

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     (iii) Attendance at a continuing education program approved by the National Society of

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Genetic Counselors within the five (5) year period prior to the date of application.

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     5-91-7. Practice as provisional licensed genetic counselor; Expiration; Extension;

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Supervision by professional licensed genetic counselor.

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     (a) A person who meets the qualifications for licensure except for the requirement in § 5-

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91-6(2) may practice as a provisional licensed genetic counselor upon filing an approved

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application with the department and payment of a fee of eighty-five dollars ($85.00). Such license

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shall be valid for one year from the date of its issue and may be renewed for an additional one year

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if an applicant fails the ABGC or ABMG certification exam. Such provisional license shall expire

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automatically upon the earliest of the following:

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     (1) Issuance of a full license;

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     (2) Thirty (30) days after the applicant fails to pass the complete examination on the last

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permitted attempt as provided by the ABGC or ABMG, or their successors; or

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     (3) The date printed on the temporary license.

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     (b) An application for extension shall be signed by a supervising licensed genetic

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counselor.

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     (c) A provisional licensed genetic counselor shall be under the general supervision of a

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licensed genetic counselor or a licensed physician at all times during which the provisional licensed

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genetic counselor performs clinical genetic counseling.

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     (d) The department shall adopt rules governing such supervision and direction which may

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not require the immediate physical presence of the supervising licensed genetic counselor.

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     5-91-8. Exceptions.

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     (a) Nothing in this section shall be construed to prevent or restrict the practice, service or

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activities of:

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     (1) Any person licensed, certified, or registered in the state, by any other statute other than

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as a genetic counselor from engaging in activities within the scope of practice of the profession or

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occupation for which he or she is licensed provided that he or she does not represent to the public,

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directly or indirectly, that he or she is licensed under this chapter, and that he or she does not use

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any name, title or designation indicating that the person is licensed under this chapter;

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     (2) Any person employed as a genetic counselor by the federal government or an agency

 

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thereof if such person provides genetic counseling services solely under the direction and control

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of the organization by which such person is employed;

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     (3) A student or intern enrolled in an ACGC approved genetic counseling education

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program if genetic counseling services performed by the student are an integral part of the student's

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course of study and are performed under the direct supervision of a licensed genetic counselor

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assigned to supervise the student and who is on duty and available in the assigned patient care area

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and if the person is designated by a title which clearly indicates his or her status as a student or

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intern;

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     (4) An individual trained as a Ph.D. or medical geneticist who is reapplying for the ABMG

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certification examination and is gathering logbook cases under a supervisor identified in the

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training program’s ABMG accreditation documents as a member of the training faculty; and

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     (5) An out-of-state genetic counselor from working as a consultant, or out-of-state

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employer or other organization from employing genetic counselors providing occasional services,

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who are not licensed pursuant to this chapter, from engaging in the practice of genetic counseling,

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subject to the stated circumstances and limitations as defined by the department, by regulation,

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provided that the genetic counselor holds a license, if available, in the genetic counselor’s state of

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employment. If licensure is not available in the genetic counselor’s state of employment, the genetic

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counselor shall be certified by the American Board of Genetic Counseling or the American Board

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of Medical Genetics, or their successors, in order to practice genetic counseling without a state

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license in accordance with this section.

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     5-91-9. Grounds for denial; Refusal to renew; Revocation; Suspension or cancellation

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of genetic counselor license.

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     The department may deny or refuse to renew a license or, after a hearing, revoke, suspend

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or cancel the license or place on probation, reprimand, censure or otherwise discipline a licensee

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upon proof satisfactory to the department that the person has:

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     (1) Obtained or attempted to obtain a license by fraud or deception;

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     (2) Been convicted of one or more of the offenses set forth in § 23-17-37;

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     (3) Been adjudged mentally ill or incompetent by a court of competent jurisdiction;

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     (4) Used illicit drugs or intoxicating liquors to the extent which adversely affects his or her

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practice;

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     (5) Engaged in unethical or unprofessional conduct including, but not limited to, willful

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acts, negligence or incompetence in the course of professional practice;

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     (6) Violated any lawful order, rule or regulation rendered or adopted by the department; or

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     (7) Been refused issuance or been disciplined in connection with a license issued by any

 

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other state or country.

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     5-91-10. Privileged communications.

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     The provisions of § 9-17-24 shall apply to persons licensed pursuant to this chapter.

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     5-91-11. Certain acts prohibited.

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     It shall be unlawful and a misdemeanor for any person to engage in any of the following

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acts:

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     (1) To practice genetic counseling or to represent themselves to be a licensed genetic

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counselor as defined in this chapter without having at the time of so doing, a valid license issued

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under this chapter; or

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     (2) To use in connection with their name or place of business, the title genetic counselor or

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any words indicating or implying that the person holds a genetic counselor license unless they are

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licensed in accordance with this chapter.

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     SECTION 2. This act shall take effect upon passage.

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LC003892

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- GENETIC COUNSELORS

LICENSING ACT

***

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     This act would provide a statutory framework for the licensing and regulation of genetic

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counselors.

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     This act would take effect upon passage.

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