Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 37

3rd Engrossment - 89th Legislature (2015 - 2016) Posted on 04/08/2016 09:17am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4
1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16
2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35
3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34
3.35 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 4.36 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35
6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15
6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26
6.27 6.28 6.29
6.30 6.31 6.32 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20
7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33
7.34 8.1 8.2 8.3
8.4 8.5

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 For purposes of this chapter, the terms defined in
this section have the meanings given them.
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
organization or equivalent.
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 organization.
new text end

new text begin Subd. 4. new text end

new text begin ACGC. new text end

new text begin "ACGC" means the Accreditation Council for Genetic Counseling,
a specialized program accreditation board for educational training programs granting
master's degrees or higher in genetic counseling, or its successor organization.
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 Eligible status. new text end

new text begin "Eligible status" 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. 7. new text end

new text begin Genetic counseling. new text end

new text begin "Genetic counseling" means the provision of services
described in section 147F.03 to help clients and their families understand the medical,
psychological, and familial implications of genetic contributions to a disease or medical
condition.
new text end

new text begin Subd. 8. 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. 9. new text end

new text begin Licensed physician. new text end

new text begin "Licensed physician" means an individual who is
licensed to practice medicine under chapter 147.
new text end

new text begin Subd. 10. 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. 11. 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 under chapter
147 to practice medicine in Minnesota.
new text end

new text begin Subd. 12. new text end

new text begin Supervisee. new text end

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

new text begin Subd. 13. new text end

new text begin Supervision. new text end

new text begin "Supervision" means an assessment of the work of the
supervisee, including regular meetings and file review, by a qualified supervisor according
to the supervision contract. Supervision does not require the qualified supervisor to be
present while the supervisee provides services.
new text end

Sec. 2.

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

new text begin The practice of genetic counseling by a licensed genetic counselor includes the
following services:
new text end

new text begin (1) obtaining and interpreting individual and family medical and developmental
histories;
new text end

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

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

new text begin (4) identifying, coordinating, ordering, and explaining the clinical implications of
genetic laboratory tests and other laboratory studies;
new text end

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

new text begin (6) providing 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 (7) facilitating informed decision-making about testing and management;
new text end

new text begin (8) identifying and using community resources that provide medical, educational,
financial, and psychosocial support and advocacy; and
new text end

new text begin (9) providing accurate written medical, genetic, and counseling information for
families and health care professionals.
new text end

Sec. 3.

new text begin [147F.05] UNLICENSED PRACTICE PROHIBITED; 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 assistant,"
"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 Unlicensed practice prohibited. new text end

new text begin No individual may practice genetic
counseling unless the individual is licensed as a genetic counselor under this chapter
except as otherwise provided under this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Other practitioners. new text end

new text begin (a) Nothing in this chapter shall be construed to
prohibit or restrict the practice of any profession or occupation licensed or registered by the
state by an individual duly licensed or registered to practice the profession or occupation
or to perform any act that falls within the scope of practice of the profession or occupation.
new text end

new text begin (b) Nothing in this chapter shall be construed to require a license under this chapter
for:
new text end

new text begin (1) an individual employed as a genetic counselor by the federal government or a
federal agency if the individual is providing services under the direction and control of
the employer;
new text end

new text begin (2) a student or intern, having graduated within the past six months, or currently
enrolled in an ACGC-accredited genetic counseling educational program providing
genetic counseling services that are an integral part of the student's or intern's course
of study, 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";
new text end

new text begin (3) a visiting ABGC- or ABMG-certified genetic counselor working as a consultant
in this state 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. This is limited to practicing for 30 days total within one calendar year.
Certified genetic counselors from outside of the state working as a consultant in this state
must be licensed in their state of residence if that credential is available; or
new text end

new text begin (4) an individual who is licensed to practice medicine under chapter 147.
new text end

new text begin Subd. 4. new text end

new text begin Sanctions. new text end

new text begin An individual who violates this section is guilty of a
misdemeanor and shall be subject to sanctions or actions according to section 214.11.
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 submit to the board:
new text end

new text begin (1) a completed application on forms provided by the board along with all fees
required under section 147F.17. The applicant must include:
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 if currently employed;
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, gross
misdemeanor, or felony conviction;
new text end

new text begin (2) evidence of graduation from an education program accredited by the ACGC or
its predecessor or successor organization;
new text end

new text begin (3) a verified copy of a valid and current certification issued by the ABGC or ABMG
as a certified genetic counselor, or by the ABMG as a certified medical geneticist;
new text end

new text begin (4) 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) a signed statement verifying 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) a signed 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 Licensure by equivalency. new text end

new text begin (a) The board may grant a license to an
individual who does not meet the certification requirements in subdivision 1 but who
has been employed as a genetic counselor for a minimum of ten years and provides the
following documentation to the board no later than February 1, 2017:
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 genetic
counselor by the ABGC or 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 (b) This subdivision expires February 1, 2017.
new text end

new text begin Subd. 4. new text end

new text begin License expiration. new text end

new text begin A genetic counselor license shall be valid for one
year from the date of issuance.
new text end

new text begin Subd. 5. 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 submit to the board:
new text end

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

new text begin (2) the renewal fee required under section 147F.17;
new text end

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

new text begin (4) 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
the board's decision 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 25 hours of NSGC-
or ABMG-approved continuing education units every two years. If a licensee's renewal
term is prorated to be more or less than one year, 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 if 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.13] 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.15] 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 must be a licensed physician with
experience in genetics, three members must be licensed genetic counselors, and one
member must 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, except that section 15.059, subdivision 2, does not apply to this
section. Members shall serve two-year terms, and shall serve until their successors have
been appointed. The council shall select a chair from its membership.
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 under 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

Sec. 9.

new text begin [147F.17] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Fees. new text end

new text begin Fees are as follows:
new text end

new text begin (1) license application fee, $200;
new text end

new text begin (2) initial licensure and annual renewal, $150; and
new text end

new text begin (3) late fee, $75.
new text end

new text begin Subd. 2. new text end

new text begin Proration of fees. new text end

new text begin The board may prorate the initial license fee. All
licensees are required to pay the full fee upon license renewal.
new text end

new text begin Subd. 3. new text end

new text begin Penalty for late renewals. new text end

new text begin An application for registration renewal
submitted after the deadline must be accompanied by a late fee in addition to the required
fees.
new text end

new text begin Subd. 4. new text end

new text begin Nonrefundable fees. new text end

new text begin All fees are nonrefundable.
new text end

new text begin Subd. 5. new text end

new text begin Deposit. new text end

new text begin Fees collected by the board under this section shall be deposited
in the state government special revenue fund.
new text end

Sec. 10. new text beginAPPROPRIATION.
new text end

new text begin $....... in fiscal year 2017 is appropriated from the state government special revenue
fund to the Board of Medical Practice for administrative costs to implement Minnesota
Statutes, chapter 147F.
new text end

Sec. 11. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 10 are effective July 1, 2017.
new text end