Bill Text: NY A00278 | 2019-2020 | General Assembly | Amended
Bill Title: Provides for the licensing of genetic counselors; creates the state board for genetic counseling.
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Introduced - Dead) 2020-11-06 - print number 278a [A00278 Detail]
Download: New_York-2019-A00278-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 278--A 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. L. ROSENTHAL, BENEDETTO, ROZIC, GOTTFRIED, McDO- NOUGH -- Multi-Sponsored by -- M. of A. CROUCH, SIMOTAS, STIRPE -- read once and referred to the Committee on Higher Education -- recom- mitted to the Committee on Higher Education in accordance with Assem- bly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to licensing of genetic counselors The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent and findings. The legislature finds that 2 while significant steps have been taken through legislation in response 3 to the COVID-19 crisis in New York State, much more must be done to 4 combat the continued threat to public health and safety presented by 5 COVID-19 and future pandemics including identifying risk factors, devel- 6 oping responses, and increasing access to treatment. 7 The legislature intends to build on the initial efforts of the execu- 8 tive and legislature in responding to the COVID-19 crisis by recognizing 9 the significant role genetic counselors play in identifying genetic 10 variants through predictive testing, investigating underlying genomic 11 susceptibilities and deciphering complex testing infrastructures, culmi- 12 nating in the critical counseling of patients and educating other health 13 care providers. 14 The legislature finds that the state's mission to ensure preparedness 15 against future health crises through data collection, research, and 16 access to safe care will be advanced through the licensure of genetic 17 counselors and the active engagement of these uniquely trained practi- 18 tioners and researchers in the making of informed personal health care 19 decisions and the development of effective health care policies. 20 § 2. The education law is amended by adding a new article 142 to read 21 as follows: 22 ARTICLE 142 23 GENETIC COUNSELING EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01386-02-0A. 278--A 2 1 Section 7050. Introduction. 2 7051. Practice of genetic counseling and use of the title 3 "genetic counselor". 4 7052. State board for genetic counseling. 5 7053. Requirements for a professional license. 6 7054. Exempt persons. 7 7055. Limited permits. 8 7056. Special provisions. 9 § 7050. Introduction. This article applies to the licensing of genetic 10 counselors. The general provisions for all professions contained in 11 article one hundred thirty of this title apply to this article. 12 § 7051. Practice of genetic counseling and use of the title "genetic 13 counselor". 1. The "practice of genetic counseling" shall mean the 14 communication to and education of clients, their families, other health 15 care professionals and the general public with regard to genetic test- 16 ing, individual family histories, or other genetic, personal medical 17 history, and technical information associated with the occurrence, risk 18 of occurrence or recurrence, of a genetic or hereditary condition or 19 birth defect. A practitioner of genetic counseling shall seek to 20 promote decision-making for their client which respects the client's 21 culture, language, tradition, lifestyle, religion, beliefs and values. 22 Genetic counseling shall include, but not be limited to, the following: 23 (a) obtain and evaluate personal and family medical history to deter- 24 mine genetic risk for genetic conditions and diseases in a client, his 25 or her offspring, and other family members; 26 (b) educate clients regarding the means to assess and manage risk for 27 genetic conditions and disease; 28 (c) identify and order genetic laboratory tests and coordinate other 29 diagnostic studies as appropriate for the genetic assessment; 30 (d) integrate genetic laboratory test results and other diagnostic 31 studies with personal and family medical history to assess and communi- 32 cate risk factors for genetic conditions; 33 (e) explain to a client the clinical implications of genetic laborato- 34 ry tests and other diagnostic studies and their results; and 35 (f) maintain written documentation of the genetic counseling services 36 performed for clients and health care professionals. 37 2. Nothing in this article shall be construed to authorize a licensed 38 genetic counselor to diagnose or treat any genetic disease or medical 39 condition, practice psychotherapy, or practice any other profession that 40 is licensed under this title. This includes, but may not be limited to, 41 the following: 42 (a) Prescribe or administer drugs as defined in this chapter or as a 43 treatment, therapy, or professional services in the practice of his or 44 her profession; 45 (b) Use invasive procedures as a treatment, therapy, or professional 46 service in the practice of his or her profession. For the purposes of 47 this subdivision, "invasive procedure" means any procedure in which 48 human tissue is cut, altered, or otherwise infiltrated by mechanical or 49 other means. Invasive procedures shall include surgery, lasers, ionizing 50 radiation, therapeutic ultrasound, or electroconvulsive therapy; or 51 (c) Provide psychotherapy as defined in subdivision two of section 52 eighty-four hundred one of this title. 53 3. If in the course of providing genetic counseling to any client, a 54 genetic counselor finds any indication of disease or condition that may 55 require medical assessment, the genetic counselor shall refer thatA. 278--A 3 1 client to a licensed physician, or as appropriate, another health care 2 professional licensed pursuant to this title. 3 4. Only a person licensed under this article shall practice genetic 4 counseling. Only a person licensed under this article shall use the 5 title "licensed genetic counselor" and use the letters "L.G.C." after 6 his or her name or any words or letters, abbreviations or insignia indi- 7 cating or implying that a person is licensed pursuant to this article. 8 5. The provisions of this article shall not prohibit any genetic coun- 9 selor employed by any organization or entity who is providing occasional 10 services from engaging in the practice of genetic counseling, subject to 11 the limitations prescribed by the department, in consultation with the 12 state board for genetic counseling and the provision of such occasional 13 services shall be deemed not to be the practice of a profession for 14 purposes of all applicable partnership, corporation or limited liability 15 company laws and regulations. 16 § 7052. State board for genetic counseling. 1. A state board for 17 genetic counseling shall be appointed by the board of regents upon the 18 recommendation of the commissioner, prior to the effective date of this 19 article, and shall assist on matters of professional licensing and 20 professional conduct in accordance with section sixty-five hundred eight 21 of this title. Members of the first board need not be licensed prior to 22 their appointment to such board. An executive secretary to the board 23 shall be appointed by the board of regents on recommendation of the 24 commissioner. 25 2. The board shall consist of seven individuals, to be composed of the 26 following: 27 (a) five licensed genetic counselors, 28 (b) one licensed physician, and 29 (c) a public representative as defined in paragraph b of subdivision 30 one of section sixty-five hundred eight of this title. 31 3. Board members shall be appointed for terms of five years. The terms 32 of the first appointed members shall be staggered so that two members 33 are appointed for three years, three members are appointed for four 34 years and two members are appointed for five years. 35 § 7053. Requirements for a professional license. To qualify for a 36 license as a "licensed genetic counselor", an applicant shall fulfill 37 the following requirements: 38 1. Application: file an application with the department; 39 2. Education: have received a master's degree or higher in genetic 40 counseling or human genetics from a program registered by the depart- 41 ment, or determined by the department to be the substantial equivalent, 42 in accordance with the commissioner's regulations. Appropriate course- 43 work shall be determined in accordance with the commissioner's regu- 44 lations on recommendations of the state board for genetic counseling; 45 3. Experience: experience acceptable to the department; 46 4. Examination: pass an examination satisfactory to the department and 47 in accordance with the commissioner's regulations; 48 5. Age: be at least twenty-one years of age; 49 6. Character: be of good moral character as determined by the depart- 50 ment; 51 7. Fees: pay a fee of three hundred dollars to the department for an 52 initial license and two hundred dollars for each subsequent triennial 53 re-registration of a license. 54 § 7054. Exempt persons. So long as the person does not hold him or 55 herself out to the public as a genetic counselor, the provisions of this 56 article shall not apply to:A. 278--A 4 1 1. A licensed health care professional licensed under this title who 2 is practicing within the scope of practice as defined in this title; 3 2. A student or intern enrolled in a master's or higher program regis- 4 tered or approved by the department where the student or intern is 5 engaged in activities constituting the practice of a profession as 6 defined in this title, whose scope of practice includes genetic coun- 7 seling; provided, however, such activities shall be part of a supervised 8 training program under a licensed genetic counselor or a health care 9 professional licensed pursuant to this title in accordance with the 10 commissioner's regulations; and 11 3. An employee of the state department of health in the provision of 12 education regarding conditions included on the newborn screening panels. 13 Nothing in this article shall be construed as prohibiting counseling 14 services provided by an attorney, rape crisis counselor, or pastoral 15 counseling by a clergy member working within his or her ministerial 16 charge of obligation. 17 § 7055. Limited permits. Limited permits may be issued by the depart- 18 ment to authorize the practice of the profession under a licensed genet- 19 ic counselor or physician pursuant to the commissioner's regulations: 20 1. The department may issue a limited permit to an applicant who meets 21 all qualifications for licensure as a genetic counselor, except those 22 relating to the examination, in accordance with the commissioner's regu- 23 lations. 24 2. Limited permits shall be for one year. Such permits may be extended 25 at the discretion of the department, for one additional year. 26 3. The fee for each limited permit and for each renewal shall be 27 seventy dollars. 28 § 7056. Special provisions. 1. Any individual who meets the require- 29 ments for a license established in this article, except for examination, 30 experience and education, and who is certified by a national certifying 31 body having certification standards acceptable to the department, may be 32 licensed without meeting additional requirements as to examination, 33 experience, or education, provided that such individual submits an 34 application to the department within two years of the effective date of 35 this article. 36 2. Any individual who meets the requirements for a license established 37 in this article, except for examination, may be licensed without exam- 38 ination, provided that the person completed the education requirement 39 prior to two thousand eight, submits evidence of a minimum of ten years 40 employment as a genetic counselor, submits experience acceptable to the 41 department and submits an application to the department within two years 42 of the effective date of this article. 43 § 3. Severability. If any clause, sentence, paragraph, section or part 44 of this act shall be adjudged by any court of competent jurisdiction to 45 be invalid and after exhaustion of all further judicial review, the 46 judgment shall not affect, impair or invalidate the remainder thereof, 47 but shall be confined in its operation to the clause, sentence, para- 48 graph, section or part of this act directly involved in the controversy 49 in which the judgment shall have been rendered. 50 § 4. This act shall take effect two years after it shall have become a 51 law; provided, however, that the state education department is author- 52 ized to promulgate any and all rules and regulations and take any other 53 measure necessary to implement this act, including, but not limited to, 54 the appointment of board members pursuant to section 7052 of the educa- 55 tion law, as added by section two of this act on or before such effec- 56 tive date.
