Bill Text: IA SF2228 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act providing for the licensure of genetic counselors, making penalties applicable, and including effective date and implementation provisions. (Formerly SSB 3005.) Effective 1-1-19.
Spectrum: Committee Bill
Status: (Passed) 2018-03-29 - Signed by Governor. S.J. 822. [SF2228 Detail]
Download: Iowa-2017-SF2228-Enrolled.html
Senate File 2228 - Enrolled
SENATE FILE
BY COMMITTEE ON HUMAN
RESOURCES
(SUCCESSOR TO SSB
3005)
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A BILL FOR
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Senate File 2228
AN ACT
PROVIDING FOR THE LICENSURE OF GENETIC COUNSELORS,
MAKING PENALTIES APPLICABLE, AND INCLUDING EFFECTIVE DATE
AND IMPLEMENTATION PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 147.1, subsections 3 and 6, Code 2018,
are amended to read as follows:
3. "Licensed" or "certified", when applied to a physician
and surgeon, podiatric physician, osteopathic physician and
surgeon, genetic counselor, physician assistant, psychologist,
chiropractor, nurse, dentist, dental hygienist, dental
assistant, optometrist, speech pathologist, audiologist,
pharmacist, physical therapist, physical therapist assistant,
occupational therapist, occupational therapy assistant,
orthotist, prosthetist, pedorthist, respiratory care
practitioner, practitioner of cosmetology arts and sciences,
practitioner of barbering, funeral director, dietitian, marital
and family therapist, mental health counselor, respiratory
care and polysomnography practitioner, polysomnographic
technologist, social worker, massage therapist, athletic
trainer, acupuncturist, nursing home administrator, hearing
aid specialist, or sign language interpreter or transliterator
means a person licensed under this subtitle.
6. "Profession" means medicine and surgery, podiatry,
osteopathic medicine and surgery, genetic counseling, practice
as a physician assistant, psychology, chiropractic, nursing,
dentistry, dental hygiene, dental assisting, optometry, speech
pathology, audiology, pharmacy, physical therapy, physical
therapist assisting, occupational therapy, occupational therapy
assisting, respiratory care, cosmetology arts and sciences,
barbering, mortuary science, marital and family therapy, mental
health counseling, polysomnography, social work, dietetics,
massage therapy, athletic training, acupuncture, nursing
home administration, practice as a hearing aid specialist,
sign language interpreting or transliterating, orthotics,
prosthetics, or pedorthics.
Sec. 2. Section 147.2, subsection 1, Code 2018, is amended
to read as follows:
1. A person shall not engage in the practice of medicine
and surgery, podiatry, osteopathic medicine and surgery,
genetic counseling, psychology, chiropractic, physical
therapy, physical therapist assisting, nursing, dentistry,
dental hygiene, dental assisting, optometry, speech pathology,
audiology, occupational therapy, occupational therapy
assisting, orthotics, prosthetics, pedorthics, respiratory
care, pharmacy, cosmetology arts and sciences, barbering,
social work, dietetics, marital and family therapy or
mental health counseling, massage therapy, mortuary science,
polysomnography, athletic training, acupuncture, nursing
home administration, or sign language interpreting or
transliterating, or shall not practice as a physician assistant
or a hearing aid specialist, unless the person has obtained a
license for that purpose from the board for the profession.
Sec. 3. Section 147.13, subsection 1, Code 2018, is amended
to read as follows:
1. For medicine and surgery, osteopathic medicine and
surgery, and acupuncture, and genetic counseling, the board of
medicine.
Sec. 4. Section 147.74, Code 2018, is amended by adding the
following new subsection:
NEW SUBSECTION. 23A. A genetic counselor licensed under
chapter 148H may use the words "genetic counselor" or "licensed
genetic counselor" or corresponding abbreviations after the
person's name.
Sec. 5. NEW SECTION. 148H.1 Definitions.
1. "Active candidate status" means a person has met the
requirements established by the American board of genetic
counseling or its equivalent or successor organization to
take the American board of genetic counseling certification
examination in general genetics and genetic counseling or its
equivalent or successor examination and has been granted this
designation by the American board of genetic counseling or its
equivalent or successor organization.
2. "Board" means the board of medicine.
3. "Genetic counseling" means the provision of services by
an individual who qualifies for a license under this chapter.
4. "Genetic counseling intern" means a student enrolled in
a genetic counseling program accredited by the accreditation
council for genetic counseling or its equivalent or successor
organization, the American board of medical genetics and
genomics or its equivalent or successor organization.
5. "Genetic counselor" means an individual who is licensed
under this chapter to engage in the practice of genetic
counseling.
6. "Qualified supervisor" means any person who is a genetic
counselor licensed under this chapter, a physician licensed
under chapter 148, or an advanced registered nurse practitioner
licensed under chapter 152.
7. "Supervision" means supervision by a qualified supervisor
who has the overall responsibility of assessing the work of
a provisional licensee, provided that an annual supervision
contract signed by the qualified supervisor and the provisional
licensee is on file with both parties. "Supervision" does
not require the qualified supervisor's presence during the
performance of services.
Sec. 6. NEW SECTION. 148H.2 Scope of practice.
A person licensed under this chapter may do any of the
following:
1. Obtain and evaluate individual, family, and medical
histories to determine genetic risk for genetic and medical
conditions and diseases in a patient, the patient's offspring,
and other family members.
2. Discuss the features, history, means of diagnosis,
genetic and environmental factors, and management of risk for
genetic and medical conditions and diseases.
3. Identify, order, and coordinate genetic laboratory tests
and other diagnostic studies as appropriate for the genetic
assessment of a patient.
4. Refer a patient to a specialty or subspecialty department
as necessary for the purpose of collaborating on diagnosis and
treatment involving multiple body systems and general medical
management.
5. Integrate genetic laboratory test results and other
diagnostic studies with personal and family medical history to
assess and communicate risk factors for genetic and medical
conditions and diseases.
6. Explain the clinical implications of genetic laboratory
tests and other diagnostic studies and their results.
7. Evaluate the responses of a patient or patient's
family to the condition or risk of recurrence and provide
patient=centered genetic counseling and anticipatory guidance.
8. Identify and utilize community resources that provide
medical, educational, financial, and psychosocial support and
advocacy.
9. Provide written documentation of medical, genetic,
and counseling information for families and health care
professionals.
Sec. 7. NEW SECTION. 148H.3 Qualifications for licensure
==== provisional licensure.
1. Each applicant for licensure under this chapter shall:
a. Submit an application form as prescribed by the board.
b. Provide satisfactory evidence of certification as a
genetic counselor by the American board of genetic counseling
or its equivalent or successor organization, the American board
of medical genetics and genomics or its equivalent or successor
organization, or as a medical geneticist by the American board
of medical genetics and genomics or its equivalent or successor
organization.
2. A license shall be issued for a two=year period and
shall be renewed upon the filing of a renewal application as
prescribed by the board.
3. A licensee shall maintain active certification as a
genetic counselor by the American board of genetic counseling
or its equivalent or successor organization, the American board
of medical genetics and genomics or its equivalent or successor
organization, or as a medical geneticist by the American
board of medical genetics and genomics, or its equivalent or
successor organization.
4. a. The board may issue a provisional license to an
applicant who meets all of the requirements for licensure
except for the certification component and who has been granted
active candidate status by the American board of genetic
counseling or its equivalent or successor organization.
b. The applicant shall submit a provisional license
application form prescribed by the board as determined by the
board.
c. A provisional license shall expire upon the earlier of
issuance of a full license by the board or the loss of active
candidate status from the American board of genetic counseling
or its equivalent or successor organization by the holder of
the provisional license.
d. A person with a provisional license shall only practice
genetic counseling under the supervision of a qualified
supervisor.
Sec. 8. NEW SECTION. 148H.4 Scope of chapter.
This chapter shall not be construed to apply to any of the
following:
1. A physician or surgeon or an osteopathic physician or
surgeon licensed under chapter 148, a registered nurse or an
advanced registered nurse practitioner licensed under chapter
152, a physician assistant licensed under chapter 148C, or
other persons licensed under chapter 147 when acting within the
scope of the person's profession and doing work of a nature
consistent with the person's education and training.
2. A person who is certified by the American board of
medical genetics and genomics or its equivalent or successor
organization as a doctor of philosophy and is not a genetic
counselor licensed pursuant to this chapter.
3. A person employed as a genetic counselor by the federal
government or an agency thereof if the person provides genetic
counseling services solely under the direction and control of
the entity by which the person is employed.
4. A genetic counseling intern.
Sec. 9. NEW SECTION. 148H.5 Continuing education.
An applicant for renewal of a license under this chapter
shall submit satisfactory evidence to the board that in the
period since the license was issued or last renewed, the
applicant has completed thirty hours of national society of
genetic counselors or its equivalent or successor organization
or American board of medical genetics and genomics or its
equivalent or successor organization continuing education units
as approved by the board.
Sec. 10. NEW SECTION. 148H.6 Rules ==== authority of board.
The board shall adopt rules consistent with this chapter and
chapters 147 and 148 which are necessary for the performance
of its duties under this chapter. The board may consult with
genetic counselors during an investigative or disciplinary
proceeding as it deems necessary.
Sec. 11. NEW SECTION. 148H.7 Licensee discipline.
1. In addition to the grounds for revocation or suspension
referred to in section 147.55 and in accordance with the
disciplinary process established for the board by section
148.6, the board may discipline a person licensed under this
chapter who is guilty of any of the following acts or offenses:
a. Conviction of a felony under state or federal law or
commission of any other offense involving moral turpitude.
b. Having been adjudged mentally ill or incompetent by a
court of competent jurisdiction.
c. Engaging in unethical or unprofessional conduct including
but not limited to negligence or incompetence in the course of
professional practice.
d. Violating any lawful order, rule, or regulation rendered
or adopted by the board.
e. Having been refused issuance of or disciplined in
connection with a license issued by any other jurisdiction.
2. A genetic counselor whose license is suspended or revoked
or whose surrender of license with or without prejudice has
been accepted by the board shall promptly deliver the original
license to the board.
3. A provisional licensee who loses active candidate status
with the American board of genetic counseling or its equivalent
or successor organization shall surrender the provisional
license to the board immediately.
Sec. 12. EFFECTIVE DATE AND IMPLEMENTATION. This Act shall
take effect January 1, 2019, except that the board of medicine
may begin implementation prior to that date, to the extent
necessary to fully implement the provisions providing for the
licensure of genetic counselors by January 1, 2019.
CHARLES SCHNEIDE
LINDA UPMEYER
W. CHARLES SMITH
KIM REYNOLDS
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