General Assembly |
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January Session, 2015 |
*_____SB00857PH____030515____* |
AN ACT CONCERNING LICENSURE FOR GENETIC COUNSELORS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2015) As used in this section, sections 2 to 6, inclusive, of this act and section 19a-14 of the general statutes, as amended by this act: (1) "Genetic counselor" means a person who has been licensed as a genetic counselor under the provisions of sections 2 to 6, inclusive, of this act; and (2) "genetic counseling" means the provision of services to individuals, couples, families and organizations by an appropriately trained individual 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.
Sec. 2. (NEW) (Effective October 1, 2015) (a) No person may practice genetic counseling unless licensed or permitted pursuant to section 3 or 4 of this act.
(b) No person may use the title "genetic counselor", "licensed genetic counselor", "gene counselor", "genetic consultant", "genetic associate", or the designation "LGC" or make use of any title, words, letters, abbreviations or insignia that may reasonably be confused with licensure as a genetic counselor unless such person is licensed pursuant to section 3 of this act or has been issued a temporary permit pursuant to section 4 of this act.
(c) The provisions of this section shall not apply to a person who (1) is licensed under chapter 370 of the general statutes, (2) is an advanced practice registered nurse licensed under chapter 378 of the general statutes, (3) is a nurse-midwife licensed under chapter 377 of the general statutes, (4) provides genetic counseling while acting within the scope of practice of the person's license and training, provided the person does not hold himself or herself out to the public as a genetic counselor, (5) is employed by the federal government to provide genetic counseling while in the discharge of the person's official duties, or (6) is a student enrolled in (A) a genetic counseling educational program, (B) a medical genetics educational program accredited by the American Board of Genetic Counseling, or any successor of said board, or the American Board of Medical Genetics and Genomics, or (C) a graduate nursing or medical education program in genetics, and genetic counseling is an integral part of the student's course of study and such student is performing such counseling under the direct supervision of a licensed genetic counselor or physician.
Sec. 3. (NEW) (Effective from passage) (a) The Commissioner of Public Health shall grant a license as a genetic counselor to any applicant who, except as provided in subsections (b) and (c) of this section, furnishes evidence satisfactory to the commissioner that such applicant has earned a certification as a genetic counselor from the American Board of Genetic Counseling, or any successor of said board, or the American Board of Medical Genetics and Genomics. The commissioner shall develop and provide application forms. The application fee shall be three hundred fifteen dollars.
(b) An applicant for a license as a genetic counselor may, in lieu of the requirements set forth in subsection (a) of this section, submit evidence satisfactory to the commissioner of having, prior to October 1, 2015: (1) Acquired eight years of experience in the practice of genetic counseling; (2) earned, from an accredited institution of higher education, a master's or doctoral degree in genetics or a related field; and (3) attended a continuing education program approved by the National Society of Genetic Counselors within the five-year period prior to the date of application.
(c) An applicant for licensure by endorsement shall present evidence satisfactory to the commissioner that the applicant is licensed or certified as a genetic counselor, or as a person entitled to perform similar services under a different designation, in another state or jurisdiction that has requirements for practicing in such capacity that are substantially similar to, or higher than, those of this state and that there are no disciplinary actions or unresolved complaints pending.
(d) Licenses issued under this section shall be renewed annually. The fee for such renewal shall be one hundred ninety dollars. Each licensed genetic counselor applying for license renewal shall furnish evidence satisfactory to the commissioner of having current certification with the American Board of Genetic Counseling, or any successor of said board, or the American Board of Medical Genetics and Genomics and having obtained continuing education units for certification as required by said boards.
Sec. 4. (NEW) (Effective October 1, 2015) The Department of Public Health may issue a temporary permit to an applicant for licensure as a genetic counselor who holds a master's degree or higher in genetic counseling or a related field. Such temporary permit shall authorize the holder to practice as a genetic counselor. Such temporary permit shall be valid for a period not to exceed five hundred calendar days after the date of attaining such master's degree or higher and shall not be renewable. Such temporary permit shall become void and shall not be reissued in the event the applicant fails to pass the examination for certification by the American Board of Genetic Counseling, or any successor of said board, or the American Board of Medical Genetics and Genomics. The fee for a temporary permit shall be fifty dollars.
Sec. 5. (NEW) (Effective October 1, 2015) The Commissioner of Public Health may take any disciplinary action set forth in section 19a-17 of the general statutes against a genetic counselor for any of the following reasons: (1) Failure to conform to the accepted standards of the profession; (2) conviction of a felony; (3) fraud or deceit in obtaining or seeking reinstatement of a license to practice genetic counseling; (4) fraud or deceit in the practice of genetic counseling; (5) negligent, incompetent or wrongful conduct in professional activities; (6) physical, mental or emotional illness or disorder resulting in an inability to conform to the accepted standards of the profession; (7) alcohol or substance abuse; or (8) wilful falsification of entries in any hospital, patient or other record pertaining to genetic counseling. The commissioner may order a license holder to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is the subject of an investigation. The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17 of the general statutes. The commissioner shall give notice and an opportunity to be heard on any contemplated action under section 19a-17 of the general statutes.
Sec. 6. (NEW) (Effective October 1, 2015) The Commissioner of Public Health may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of sections 1 to 6, inclusive, of this act.
Sec. 7. Subsection (c) of section 19a-14 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(c) No board shall exist for the following professions that are licensed or otherwise regulated by the Department of Public Health:
(1) Speech and language pathologist and audiologist;
(2) Hearing instrument specialist;
(3) Nursing home administrator;
(4) Sanitarian;
(5) Subsurface sewage system installer or cleaner;
(6) Marital and family therapist;
(7) Nurse-midwife;
(8) Licensed clinical social worker;
(9) Respiratory care practitioner;
(10) Asbestos contractor and asbestos consultant;
(11) Massage therapist;
(12) Registered nurse's aide;
(13) Radiographer;
(14) Dental hygienist;
(15) Dietitian-Nutritionist;
(16) Asbestos abatement worker;
(17) Asbestos abatement site supervisor;
(18) Licensed or certified alcohol and drug counselor;
(19) Professional counselor;
(20) Acupuncturist;
(21) Occupational therapist and occupational therapist assistant;
(22) Lead abatement contractor, lead consultant contractor, lead consultant, lead abatement supervisor, lead abatement worker, inspector and planner-project designer;
(23) Emergency medical technician, advanced emergency medical technician, emergency medical responder and emergency medical services instructor;
(24) Paramedic;
(25) Athletic trainer;
(26) Perfusionist;
(27) Master social worker subject to the provisions of section 20-195v;
(28) Radiologist assistant, subject to the provisions of section 20-74tt;
(29) Homeopathic physician;
(30) Certified water treatment plant operator, certified distribution system operator, certified small water system operator, certified backflow prevention device tester and certified cross connection survey inspector, including certified limited operators, certified conditional operators and certified operators in training; [and]
(31) Tattoo technician; and
(32) Genetic counselor.
The department shall assume all powers and duties normally vested with a board in administering regulatory jurisdiction over such professions. The uniform provisions of this chapter and chapters 368v, 369 to 381a, inclusive, 383 to 388, inclusive, 393a, 395, 398, 399, 400a and 400c, including, but not limited to, standards for entry and renewal; grounds for professional discipline; receiving and processing complaints; and disciplinary sanctions, shall apply, except as otherwise provided by law, to the professions listed in this subsection.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2015 |
New section |
Sec. 2 |
October 1, 2015 |
New section |
Sec. 3 |
from passage |
New section |
Sec. 4 |
October 1, 2015 |
New section |
Sec. 5 |
October 1, 2015 |
New section |
Sec. 6 |
October 1, 2015 |
New section |
Sec. 7 |
October 1, 2015 |
19a-14(c) |
Statement of Legislative Commissioners:
In section 1, "sections 2 to 7, inclusive, of this act" was changed to "sections 2 to 6, inclusive, of this act and section 19a-14 of the general statutes, as amended by this act" for consistency with the drafting conventions of the general statutes and internal consistency; in section 1(1), "sections 2 to 7" was changed to "sections 2 to 6" for internal consistency; in section 2(a) "unless licensed pursuant to sections 3 and 4" was changed to "unless licensed or permitted pursuant to section 3 or 4" for accuracy; in section 2(b), "sections 3 and 4 of this act" was changed to "section 3 of this act or has been issued a temporary permit pursuant to section 4 of this act", for accuracy; and in section 6 "sections 1 to 5" was changed to "sections 1 to 6" for internal consistency.
PH |
Joint Favorable Subst. |