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HF 3272

as introduced - 86th Legislature (2009 - 2010) Posted on 03/01/2010 09:53am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/01/2010

Current Version - as introduced

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A bill for an act
relating to health professions; licensing genetic counselors; proposing coding for
new law as Minnesota Statutes, chapter 147F.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [147F.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The definitions in this section apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin ABGC. new text end

new text begin "ABGC" means the American Board of Genetic Counseling, a
national agency for certification and recertification of genetic counselors, or its successor
agency.
new text end

new text begin Subd. 3. new text end

new text begin ABMG. new text end

new text begin "ABMG" means the American Board of Medical Genetics,
a national agency for certification and recertification of genetic counselors, medical
geneticists, and Ph.D. geneticists or its successor agency.
new text end

new text begin Subd. 4. new text end

new text begin Active candidate status. new text end

new text begin "Active candidate status" or "ACS" means an
applicant who has met the requirements and received approval from the ABGC to sit
for the certification examination.
new text end

new text begin Subd. 5. new text end

new text begin Board. new text end

new text begin "Board" means the Board of Medical Practice.
new text end

new text begin Subd. 6. new text end

new text begin Genetic counselor. new text end

new text begin "Genetic counselor" means an individual licensed
under this chapter to engage in the practice of genetic counseling.
new text end

new text begin Subd. 7. new text end

new text begin Licensed physician. new text end

new text begin "Licensed physician" means an individual who holds
a degree as a doctor of medicine or a degree as a doctor of osteopathy and is licensed to
practice medicine in Minnesota under chapter 147.
new text end

new text begin Subd. 8. new text end

new text begin NSGC. new text end

new text begin "NSGC" means the National Society of Genetic Counselors,
a professional membership association for genetic counselors that approves continuing
education programs.
new text end

new text begin Subd. 9. new text end

new text begin Qualified supervisor. new text end

new text begin "Qualified supervisor" means any person who is
licensed under this chapter as a genetic counselor or a physician licensed to practice
medicine in Minnesota.
new text end

new text begin Subd. 10. new text end

new text begin Supervisee. new text end

new text begin "Supervisee" means a genetic counselor with a temporary
license.
new text end

new text begin Subd. 11. new text end

new text begin Supervision. new text end

new text begin "Supervision" means a qualified supervisor's assessment
of the work of the supervisee, including regular meetings and file review. An annual
supervision contract signed by the supervisor and supervisee must be on file with both
parties. The qualified supervisor is not required to be present while the supervisee
provides services.
new text end

Sec. 2.

new text begin [147F.03] SCOPE OF GENETIC COUNSELING.
new text end

new text begin A licensed genetic counselor may perform the following services:
new text end

new text begin (1) obtain and interpret individual and family medical and developmental histories;
new text end

new text begin (2) determine the mode of inheritance and the risk of transmitting genetic conditions
and birth defects;
new text end

new text begin (3) discuss the inheritance, features, natural history, means of diagnosis, and
management of conditions with clients;
new text end

new text begin (4) identify, coordinate, interpret, and explain genetic laboratory tests and other
laboratory studies;
new text end

new text begin (5) assess psychosocial factors, including social, educational, and cultural issues;
new text end

new text begin (6) communicate information to clients in language they can understand;
new text end

new text begin (7) provide client-centered counseling and anticipatory guidance to the client or
family based on their responses to the condition, risk of occurrence, or risk of recurrence;
new text end

new text begin (8) facilitate informed decision-making about testing, management, and reproductive
alternatives;
new text end

new text begin (9) identify and use community resources that provide medical, educational,
financial, and psychosocial support and advocacy; and
new text end

new text begin (10) provide accurate written medical, genetic, and counseling information for
families and health care professionals.
new text end

Sec. 3.

new text begin [147F.05] PROTECTED TITLES AND RESTRICTIONS ON USE.
new text end

new text begin Subdivision 1. new text end

new text begin Protected titles. new text end

new text begin No individual may use the title "genetic counselor,"
"licensed genetic counselor," "gene counselor," "genetic consultant," "genetic associate,"
or any words, letters, abbreviations, or insignia indicating or implying that the individual
is eligible for licensure by the state as a genetic counselor unless the individual has been
licensed as a genetic counselor according to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Other practitioners. new text end

new text begin Nothing in this chapter may be construed to prohibit
or restrict:
new text end

new text begin (1) the practice of a profession by individuals who are licensed, certified, or
registered under the laws of this state and are performing services within their authorized
scope of practice;
new text end

new text begin (2) the practice of genetic counseling by any individual employed as a genetic
counselor by the federal government or an agency thereof if the individual is providing
services under the direction and control of the employer;
new text end

new text begin (3) a student or intern enrolled in an ABGC-accredited genetic counseling
educational program from providing genetic counseling services that are an integral part of
the student's course of study, and are performed under the direct supervision of a licensed
genetic counselor or physician who is on duty in the assigned patient care area, and the
student is identified by the title "genetic counseling intern"; or
new text end

new text begin (4) the use of a visiting ABGC- or ABMG-certified genetic counselor as a consultant
who permanently resides outside of the state, or the occasional use of services from
organizations from outside of the state that employ ABGC- or ABMG-certified genetic
counselors. Certified genetic counselors from outside of the state must be licensed in their
state of residence if that credential is available.
new text end

Sec. 4.

new text begin [147F.07] LICENSURE REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin General requirements for licensure. new text end

new text begin To be eligible for licensure, an
applicant, with the exception of those seeking licensure by reciprocity under subdivision
2, must:
new text end

new text begin (1) submit a completed application on forms provided by the board along with all
fees required by the board that includes:
new text end

new text begin (i) the applicant's name, Social Security number, home address and telephone
number, and business address and telephone number;
new text end

new text begin (ii) the name and location of the genetic counseling or medical program the applicant
completed;
new text end

new text begin (iii) a list of degrees received from other educational institutions;
new text end

new text begin (iv) a description of the applicant's professional training;
new text end

new text begin (v) a list of registrations, certifications, and licenses held in other jurisdictions;
new text end

new text begin (vi) a description of any other jurisdiction's refusal to credential the applicant;
new text end

new text begin (vii) a description of all professional disciplinary actions initiated against the
applicant in any jurisdiction; and
new text end

new text begin (viii) any history of drug or alcohol abuse, and any misdemeanor or felony
conviction;
new text end

new text begin (2) submit evidence of graduation from an education program accredited by the
ABGC or ABMG;
new text end

new text begin (3) submit satisfactory evidence of certification by the ABGC or ABMG as a genetic
counselor, or by the ABMG as a medical geneticist;
new text end

new text begin (4) submit additional information as requested by the board, including any additional
information necessary to ensure that the applicant is able to practice with reasonable skill
and safety to the public;
new text end

new text begin (5) sign a statement that the information in the application is true and correct to the
best of the applicant's knowledge and belief; and
new text end

new text begin (6) sign a waiver authorizing the board to obtain access to the applicant's records
in this or any other state in which the applicant completed an educational program or
engaged in the practice of genetic counseling.
new text end

new text begin Subd. 2. new text end

new text begin Licensure by reciprocity. new text end

new text begin To be eligible for licensure by reciprocity,
the applicant must hold a current genetic counselor or medical geneticist registration
or license in another state, the District of Columbia, or a territory of the United States,
whose standards for registration or licensure are at least equivalent to those of Minnesota,
and must:
new text end

new text begin (1) submit the application materials and fees as required by subdivision 1, clauses
(1), (2), and (4) to (6);
new text end

new text begin (2) provide a verified copy from the appropriate government body of a current
registration or license for the practice of genetic counseling in another jurisdiction that has
initial registration or licensing requirements equivalent to or higher than the requirements
in subdivision 1; and
new text end

new text begin (3) provide letters of verification from the appropriate government body in each
jurisdiction in which the applicant holds a registration or license. Each letter must state
the applicant's name, date of birth, registration or license number, date of issuance, a
statement regarding disciplinary actions, if any, taken against the applicant, and the terms
under which the registration or license was issued.
new text end

new text begin Subd. 3. new text end

new text begin Provisional license. new text end

new text begin (a) The board may issue a provisional license if an
applicant meets all of the requirements for licensure listed in subdivision 1, except for the
certification requirement if the applicant has been granted active candidate status.
new text end

new text begin (b) The provisional license shall be valid for one year from the date it was issued, and
may be renewed for one additional year if the applicant fails the certification examination.
The provisional license automatically expires:
new text end

new text begin (i) when the applicant is issued a license;
new text end

new text begin (ii) 30 days after the applicant fails the certification examination unless the applicant
has applied for renewal of the provisional license;
new text end

new text begin (iii) the date printed on the provisional license; or
new text end

new text begin (iv) upon notice of the second failure of the certification examination.
new text end

new text begin (c) An application for extension of a provisional license must be signed by the
applicant's supervisor. A genetic counselor working under a provisional license must be
under the general supervision of a licensed genetic counselor or a licensed physician.
new text end

new text begin Subd. 4. new text end

new text begin Licensure by equivalency. new text end

new text begin The board may grant a license to an individual
who does not meet the licensure requirements in subdivision 1 or 2 but who has been
continuously employed as a genetic counselor for a minimum of ten years and who
provides the following documentation no later than 180 days after enactment of this
chapter:
new text end

new text begin (1) proof of a Master's or higher degree in genetics or related field of study from an
accredited educational institution;
new text end

new text begin (2) proof that the individual has never failed the ABGC or ABMG certification
examination;
new text end

new text begin (3) three letters of recommendation, with at least one from an individual eligible
for licensure under this chapter, and at least one from an individual certified as a
clinical geneticist by the ABMG or an individual certified as a medical geneticist by
the ABMG. An individual who submits a letter of recommendation must have worked
with the applicant in an employment setting during the past ten years and must attest to
the applicant's competency; and
new text end

new text begin (4) documentation of the completion of 100 hours of NSGC-approved continuing
education credits within the past five years.
new text end

new text begin Subd. 5. new text end

new text begin License expiration. new text end

new text begin Except in the case of a provisional license issued
under subdivision 3, a genetic counselor license shall be valid for a two-year period from
the date of issuance.
new text end

new text begin Subd. 6. new text end

new text begin License renewal. new text end

new text begin To be eligible for license renewal, a licensed genetic
counselor must:
new text end

new text begin (1) complete a renewal application on a form provided by the board;
new text end

new text begin (2) submit the nonrefundable renewal fee;
new text end

new text begin (3) provide evidence of compliance with the continuing education requirements
in section 147F.11; and
new text end

new text begin (4) submit any additional information requested by the board.
new text end

Sec. 5.

new text begin [147F.09] BOARD ACTION ON APPLICATIONS FOR LICENSURE.
new text end

new text begin (a) The board shall act on each application for licensure according to paragraphs
(b) to (d).
new text end

new text begin (b) The board shall determine if the applicant meets the requirements for licensure
under section 147F.07. The board may investigate information provided by an applicant to
determine whether the information is accurate and complete.
new text end

new text begin (c) The board shall notify each applicant in writing of action taken on the application,
the grounds for denying licensure if a license is denied, and the applicant's right to review
under paragraph (d).
new text end

new text begin (d) Applicants denied licensure may make a written request to the board, within 30
days of the board's notice, to appear before the advisory council and for the advisory
council to review the board's decision to deny the applicant's license. After reviewing the
denial, the advisory council shall make a recommendation to the board as to whether
the denial shall be affirmed. Each applicant is allowed only one request for review per
licensure period.
new text end

Sec. 6.

new text begin [147F.11] CONTINUING EDUCATION REQUIREMENTS.
new text end

new text begin (a) A licensed genetic counselor must complete a minimum of 50 hours of NSGC-
or ABMG-approved continuing education units during each two-year license period. If a
licensee's renewal term is prorated to be less or more than two years, the required number
of continuing education units is prorated proportionately.
new text end

new text begin (b) The board may grant a variance to the continuing education requirements
specified in this section when a licensee demonstrates to the satisfaction of the board
that the licensee is unable to complete the required number of educational units during
the renewal term. The board may allow the licensee to complete the required number of
continuing education units within a time frame specified by the board. In no case shall
the board allow the licensee to complete less than the required number of continuing
education units.
new text end

Sec. 7.

new text begin [147F.15] DISCIPLINE; REPORTING.
new text end

new text begin For purposes of this chapter, licensed genetic counselors and applicants are subject
to sections 147.091 to 147.162.
new text end

Sec. 8.

new text begin [147F.20] LICENSED GENETIC COUNSELOR ADVISORY COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin The board shall appoint a five-member Licensed
Genetic Counselor Advisory Council. One member shall be a licensed physician, three
members shall be licensed genetic counselors, and one shall be a public member.
new text end

new text begin Subd. 2. new text end

new text begin Organization. new text end

new text begin The advisory council shall be organized and administered
under section 15.059.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The advisory council shall:
new text end

new text begin (1) advise the board regarding standards for licensed genetic counselors;
new text end

new text begin (2) provide for distribution of information regarding licensed genetic counselor
practice standards;
new text end

new text begin (3) advise the board on enforcement of this chapter;
new text end

new text begin (4) review applications and recommend granting or denying licensure or license
renewal;
new text end

new text begin (5) advise the board on issues related to receiving and investigating complaints,
conducting hearings, and imposing disciplinary action in relation to complaints against
licensed genetic counselors; and
new text end

new text begin (6) perform other duties authorized for advisory councils by chapter 214, as directed
by the board.
new text end

new text begin Subd. 4. new text end

new text begin Expiration. new text end

new text begin Notwithstanding section 15.059, the advisory council does
not expire.
new text end