Bill Text: NY S02904 | 2013-2014 | General Assembly | Amended


Bill Title: Provides for the licensing of genetic counselors; creates the state committee for genetic counseling.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-06-13 - PRINT NUMBER 2904B [S02904 Detail]

Download: New_York-2013-S02904-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 2904--B                                            A. 3350--B
                              2013-2014 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   January 24, 2013
                                      ___________
       IN  SENATE  --  Introduced  by  Sens.  LAVALLE, LARKIN -- read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Higher  Education  -- recommitted to the Committee on Higher Education
         in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
         amended and recommitted to said committee
       IN ASSEMBLY -- Introduced by M. of A. SWEENEY, MILLMAN,  PAULIN,  GALEF,
         ROSENTHAL,  FAHY  --  Multi-Sponsored by -- M. of A. DINOWITZ, HOOPER,
         MARKEY, WEISENBERG -- read once and referred to the Committee on High-
         er Education -- recommitted to the Committee on  Higher  Education  in
         accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee  --  again  reported  from said committee with amendments, 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.  The education law is amended by adding a new  article  142
    2  to read as follows:
    3                                 ARTICLE 142
    4                             GENETIC COUNSELING
    5  SECTION 7050. INTRODUCTION.
    6          7051. DEFINITIONS.
    7          7052. PRACTICE  OF  GENETIC  COUNSELING  AND  USE  OF  THE TITLE
    8                  "GENETIC COUNSELOR".
    9          7053. STATE COMMITTEE FOR GENETIC COUNSELING.
   10          7054. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
   11          7055. EXEMPT PERSONS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04709-03-4
       S. 2904--B                          2                         A. 3350--B
    1          7056. LIMITED PERMITS.
    2          7057. SPECIAL PROVISION.
    3          7058. BOUNDARIES OF PROFESSIONAL PRACTICE.
    4          7059. MANDATORY CONTINUING EDUCATION.
    5    S 7050. INTRODUCTION. THIS ARTICLE APPLIES TO THE LICENSING OF GENETIC
    6  COUNSELORS.  THE  GENERAL  PROVISIONS  FOR  ALL PROFESSIONS CONTAINED IN
    7  ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
    8    S 7051. DEFINITIONS. AS USED IN THIS ARTICLE:
    9    1. THE TERM "GENETIC COUNSELOR" SHALL MEAN A HEALTH  PROFESSIONAL  WHO
   10  IS  ACADEMICALLY  AND  CLINICALLY PREPARED TO PROVIDE GENETIC COUNSELING
   11  SERVICES TO INDIVIDUALS  AND  FAMILIES  SEEKING  INFORMATION  ABOUT  THE
   12  OCCURRENCE,  RISK OF OCCURRENCE OR RECURRENCE, OF GENETIC/MEDICAL CONDI-
   13  TIONS AND DISEASES.
   14    2. THE TERM "LICENSED GENETIC COUNSELOR" SHALL MEAN A GENETIC  COUNSE-
   15  LOR LICENSED PURSUANT TO THIS ARTICLE.
   16    3. THE TERM "CERTIFIED GENETIC COUNSELOR" SHALL MEAN A GENETIC COUNSE-
   17  LOR  WITH  A  MASTER'S  OR DOCTORAL DEGREE IN GENETIC COUNSELING FROM AN
   18  ACCREDITED GENETIC COUNSELING PROGRAM OR EQUIVALENT AND WHO  HAS  PASSED
   19  THE  CERTIFICATION  EXAMINATION  IN GENETIC COUNSELING ACCEPTABLE TO THE
   20  DEPARTMENT.
   21    S 7052. PRACTICE OF GENETIC COUNSELING AND USE OF THE  TITLE  "GENETIC
   22  COUNSELOR".  1.  THE  "PRACTICE  OF  GENETIC  COUNSELING" SHALL MEAN THE
   23  COMMUNICATION TO AND EDUCATION OF CLIENTS, THEIR FAMILIES, OTHER  HEALTH
   24  CARE  PROFESSIONALS  AND THE GENERAL PUBLIC WITH REGARD TO GENETIC TEST-
   25  ING, INDIVIDUAL FAMILY HISTORIES, OR OTHER GENETIC, MEDICAL, AND TECHNI-
   26  CAL INFORMATION ASSOCIATED WITH THE OCCURRENCE, RISK  OF  OCCURRENCE  OR
   27  RECURRENCE,  OF  A  GENETIC  OR HEREDITARY CONDITION OR BIRTH DEFECT.  A
   28  PRACTITIONER OF GENETIC COUNSELING SHALL SEEK TO PROMOTE DECISION-MAKING
   29  FOR THEIR CLIENT WHICH RESPECTS THE CLIENT'S CULTURE,  LANGUAGE,  TRADI-
   30  TION, LIFESTYLE, RELIGION, BELIEFS AND VALUES.  GENETIC COUNSELING SHALL
   31  INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   32    (A)  OBTAIN  AND EVALUATE INDIVIDUAL, FAMILY, AND MEDICAL HISTORIES TO
   33  DETERMINE GENETIC RISK FOR GENETIC/MEDICAL CONDITIONS AND DISEASES IN  A
   34  PATIENT, HIS OR HER OFFSPRING, AND OTHER FAMILY MEMBERS;
   35    (B) DISCUSS THE FEATURES, NATURAL HISTORY, MEANS OF DIAGNOSIS, GENETIC
   36  AND  ENVIRONMENTAL  FACTORS,  AND MANAGEMENT OF RISK FOR GENETIC/MEDICAL
   37  CONDITIONS AND DISEASES;
   38    (C) IDENTIFY AND COORDINATE GENETIC LABORATORY TESTS AND  OTHER  DIAG-
   39  NOSTIC STUDIES AS APPROPRIATE FOR THE GENETIC ASSESSMENT;
   40    (D)  INTEGRATE  GENETIC  LABORATORY  TEST RESULTS AND OTHER DIAGNOSTIC
   41  STUDIES WITH PERSONAL AND FAMILY MEDICAL HISTORY TO ASSESS AND  COMMUNI-
   42  CATE RISK FACTORS FOR GENETIC/MEDICAL CONDITIONS AND DISEASES;
   43    (E)  EXPLAIN THE CLINICAL IMPLICATIONS OF GENETIC LABORATORY TESTS AND
   44  OTHER DIAGNOSTIC STUDIES AND THEIR RESULTS;
   45    (F) EVALUATE THE CLIENT'S OR FAMILY'S RESPONSES TO  THE  CONDITION  OR
   46  RISK  OF RECURRENCE AND PROVIDE CLIENT-CENTERED COUNSELING AND ANTICIPA-
   47  TORY GUIDANCE;
   48    (G) IDENTIFY AND UTILIZE COMMUNITY  RESOURCES  THAT  PROVIDE  MEDICAL,
   49  EDUCATIONAL, FINANCIAL, AND PSYCHOSOCIAL SUPPORT AND ADVOCACY; AND
   50    (H)  PROVIDE WRITTEN DOCUMENTATION OF MEDICAL, GENETIC, AND COUNSELING
   51  INFORMATION FOR PATIENTS AND HEALTH CARE PROFESSIONALS.
   52    2.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AUTHORIZE A LICENSED
   53  GENETIC COUNSELOR TO DIAGNOSE OR TREAT ANY GENETIC  DISEASE  OR  MEDICAL
   54  CONDITION.
   55    3.  IF IN THE COURSE OF PROVIDING GENETIC COUNSELING TO ANY PATIENT, A
   56  GENETIC COUNSELOR FINDS ANY INDICATION  OF  DISEASE  OR  CONDITION  THAT
       S. 2904--B                          3                         A. 3350--B
    1  REQUIRES  MEDICAL  ASSESSMENT,  THE  GENETIC  COUNSELOR SHALL REFER THAT
    2  PATIENT TO A LICENSED PHYSICIAN.
    3    4.  ONLY  A  PERSON LICENSED, OR WITH A LIMITED PERMIT OR EXEMPT UNDER
    4  THIS ARTICLE SHALL PRACTICE GENETIC COUNSELING. ONLY A  PERSON  LICENSED
    5  OR  HOLDING  A  LIMITED  PERMIT  UNDER  THIS ARTICLE SHALL USE THE TITLE
    6  "LICENSED GENETIC COUNSELOR" AND USE THE LETTERS "L.G.C." AFTER  HIS  OR
    7  HER NAME. ANY PERSON WHO DOES NOT HAVE A VALID LICENSE OR LIMITED PERMIT
    8  AS  A GENETIC COUNSELOR SHALL NOT USE IN CONNECTION WITH HIS OR HER NAME
    9  OR PLACE OF BUSINESS THE TITLE "GENETIC  COUNSELOR",  "LICENSED  GENETIC
   10  COUNSELOR",  "GENE COUNSELOR", "GENOMIC COUNSELOR", "GENETIC ASSOCIATE",
   11  OR ANY WORDS OR LETTERS, ABBREVIATIONS OR INSIGNIA INDICATING OR  IMPLY-
   12  ING  THAT  A  PERSON  HAS  MET THE QUALIFICATIONS FOR OR HAS THE LICENSE
   13  ISSUED PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
   14    S 7053.  STATE COMMITTEE FOR GENETIC COUNSELING. 1. A STATE  COMMITTEE
   15  FOR  GENETIC  COUNSELING SHALL BE APPOINTED BY THE BOARD OF REGENTS UPON
   16  THE RECOMMENDATION OF THE COMMISSIONER AND SHALL ASSIST  ON  MATTERS  OF
   17  LICENSURE AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE
   18  HUNDRED  EIGHT  OF THIS TITLE. NOTWITHSTANDING THE PROVISIONS OF SECTION
   19  SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE, THE COMMITTEE SHALL  ASSIST  THE
   20  BOARD FOR MEDICINE SOLELY IN GENETIC COUNSELING MATTERS.  MEMBERS OF THE
   21  FIRST  COMMITTEE NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO SUCH
   22  COMMITTEE. THE TERMS OF THE FIRST APPOINTED MEMBERS SHALL  BE  STAGGERED
   23  SO  THAT  TWO  MEMBERS  ARE APPOINTED FOR THREE YEARS, THREE MEMBERS ARE
   24  APPOINTED FOR FOUR YEARS AND TWO MEMBERS ARE APPOINTED FOR  FIVE  YEARS.
   25  AN  EXECUTIVE SECRETARY TO THE COMMITTEE SHALL BE APPOINTED BY THE BOARD
   26  OF REGENTS ON THE RECOMMENDATION OF THE COMMISSIONER.
   27    2. THE COMMITTEE SHALL CONSIST OF SEVEN INDIVIDUALS, TO BE COMPOSED OF
   28  THE FOLLOWING:
   29    (A) FIVE LICENSED GENETIC COUNSELORS,
   30    (B) ONE LICENSED PHYSICIAN, AND
   31    (C) A REPRESENTATIVE OF THE PUBLIC AT LARGE WHO IS NOT INVOLVED IN THE
   32  ORGANIZATION, FINANCING OR DELIVERY OF THE PROFESSION.
   33    3. COMMITTEE MEMBERS SHALL BE APPOINTED FOR TERMS OF FIVE YEARS.
   34    S 7054. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
   35  LICENSE  AS  A  "LICENSED GENETIC COUNSELOR", AN APPLICANT SHALL FULFILL
   36  THE FOLLOWING REQUIREMENTS:
   37    1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   38    2. EDUCATION: HAVE RECEIVED A MASTER'S OR DOCTORAL DEGREE  IN  GENETIC
   39  COUNSELING FROM A PROGRAM REGISTERED BY THE DEPARTMENT, OR DETERMINED BY
   40  THE  DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT, IN ACCORDANCE WITH THE
   41  COMMISSIONER'S REGULATIONS.  APPROPRIATE COURSEWORK SHALL BE  DETERMINED
   42  IN  ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS ON RECOMMENDATIONS OF
   43  THE STATE COMMITTEE FOR GENETIC COUNSELING;
   44    3. EXPERIENCE: EXPERIENCE ACCEPTABLE TO THE DEPARTMENT;
   45    4. EXAMINATION: PASS A GENETIC COUNSELING EXAMINATION SATISFACTORY  TO
   46  THE COMMITTEE AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   47    5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   48    6.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
   49  MENT;
   50    7. FEES: PAY A FEE OF THREE HUNDRED DOLLARS TO THE DEPARTMENT  FOR  AN
   51  INITIAL  LICENSE  AND  TWO HUNDRED DOLLARS FOR EACH SUBSEQUENT TRIENNIAL
   52  RE-REGISTRATION OF A LICENSE.
   53    S 7055. EXEMPT PERSONS. THIS ARTICLE DOES NOT PROHIBIT THE PRACTICE OF
   54  GENETIC COUNSELING BY LICENSED  PHYSICIANS  OR  OTHER  LICENSED  PROFES-
   55  SIONALS  PURSUANT  TO  TITLE EIGHT OF THIS CHAPTER TO OPERATE WITHIN THE
   56  SCOPE OF THEIR PROFESSION'S LICENSE.  SUCH EXEMPT PERSONS ARE PROHIBITED
       S. 2904--B                          4                         A. 3350--B
    1  FROM USING THE TITLE "GENETIC COUNSELOR" OR "LICENSED GENETIC COUNSELOR"
    2  AS PROVIDED FOR IN THIS ARTICLE.  THE FOLLOWING INDIVIDUALS  MAY  ENGAGE
    3  IN  THE PRACTICE OF GENETIC COUNSELING WITHOUT BEING LICENSED UNDER THIS
    4  ARTICLE:
    5    1.  A  LICENSED HEALTH CARE PROFESSIONAL PRACTICING WITHIN THE PROFES-
    6  SIONAL'S SCOPE OF PRACTICE;
    7    2. A STUDENT OR  INTERN  ENROLLED  IN  AN  APPROVED  ACADEMIC  PROGRAM
    8  ENGAGED  IN  ACTIVITIES CONSTITUTING THE PRACTICE OF A REGULATED OCCUPA-
    9  TION OR PROFESSION; PROVIDED, HOWEVER, SUCH ACTIVITIES SHALL BE PART  OF
   10  A SUPERVISED TRAINING PROGRAM;
   11    3.  AN  EMPLOYEE OF THE STATE DEPARTMENT OF HEALTH IN THE PROVISION OF
   12  EDUCATION REGARDING  SINGLE  GENE  CONDITIONS,  INCLUDING  SICKLE  CELL,
   13  CYSTIC FIBROSIS, AND HEMOGLOBINOPATHIES;
   14    4.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROHIBITING SERVICES
   15  PROVIDED BY AN ATTORNEY, RAPE CRISIS COUNSELOR, OR CLERGY MEMBER WORKING
   16  WITHIN HIS OR  HER  MINISTERIAL  CHARGE  OF  OBLIGATION,  PROVIDED  SUCH
   17  SERVICES ARE NOT WITHIN THE SCOPE OF PRACTICE FOR GENETIC COUNSELING.
   18    S  7056.  LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE
   19  AND DURATION SHALL BE ISSUED BY THE DEPARTMENT TO  ELIGIBLE  APPLICANTS,
   20  AS FOLLOWS:
   21    1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
   22  ALL  QUALIFICATIONS  FOR  LICENSURE AS A GENETIC COUNSELOR, EXCEPT THOSE
   23  RELATING TO THE EXAMINATION.
   24    2. LIMITED PERMITS SHALL BE FOR  ONE  YEAR.  LIMITED  PERMITS  MAY  BE
   25  RE-REGISTERED,  AT  THE DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL
   26  YEAR.
   27    3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RE-REGISTRATION  SHALL
   28  BE SEVENTY DOLLARS.
   29    S  7057.    SPECIAL  PROVISION. ANY PERSON WHO POSSESSES A MASTER'S OR
   30  DOCTORAL DEGREE OF GENETIC COUNSELING SATISFACTORY TO THE DEPARTMENT, ON
   31  THE EFFECTIVE DATE OF THIS SECTION, WHO HAS FIFTEEN YEARS  POST-GRADUATE
   32  GENETIC  COUNSELOR  EMPLOYMENT  AND MEETS THE REQUIREMENTS FOR A LICENSE
   33  PURSUANT TO THIS ARTICLE, EXCEPT FOR EXAMINATION, AND WHO FILES WITH THE
   34  DEPARTMENT WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS  SECTION  SHALL
   35  BE LICENSED AS A LICENSED GENETIC COUNSELOR.
   36    S  7058.  BOUNDARIES  OF  PROFESSIONAL  PRACTICE. ANY INDIVIDUAL WHOSE
   37  LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM  THE  PROVISIONS  OF  THIS
   38  ARTICLE SHALL BE PROHIBITED FROM:
   39    1. PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER OR AS
   40  A  TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR
   41  HER PROFESSION;
   42    2. USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR  PROFESSIONAL
   43  SERVICE  IN  THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
   44  SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY  PROCEDURE  IN  WHICH  HUMAN
   45  TISSUE  IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
   46  MEANS. INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING  RADIATION,
   47  THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY; OR
   48    3. PROVIDING PSYCHOTHERAPY OUTSIDE THE SCOPE OF PRACTICE OF A LICENSED
   49  GENETIC COUNSELOR.
   50    S  7059.  MANDATORY  CONTINUING EDUCATION. 1. A. EACH LICENSED GENETIC
   51  COUNSELOR REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNIALLY  WITH  THE
   52  DEPARTMENT TO PRACTICE IN THE STATE, SHALL COMPLY WITH PROVISIONS OF THE
   53  MANDATORY  CONTINUING  EDUCATION  REQUIREMENTS PRESCRIBED IN SUBDIVISION
   54  TWO OF THIS SECTION EXCEPT AS SET FORTH IN PARAGRAPHS B AND  C  OF  THIS
   55  SUBDIVISION. LICENSED GENETIC COUNSELORS WHO DO NOT SATISFY THE MANDATO-
   56  RY  CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL THEY HAVE
       S. 2904--B                          5                         A. 3350--B
    1  MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION  CERTIF-
    2  ICATE,  EXCEPT  THAT  A  LICENSED GENETIC COUNSELOR MAY PRACTICE WITHOUT
    3  HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGIS-
    4  TRATION CERTIFICATE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
    5    B. IN ACCORD WITH THE INTENT OF THIS SECTION, ADJUSTMENT TO THE MANDA-
    6  TORY  CONTINUING  EDUCATION REQUIREMENT MAY BE GRANTED BY THE DEPARTMENT
    7  FOR REASONS OF HEALTH CERTIFIED BY AN APPROPRIATE  HEALTH  CARE  PROFES-
    8  SIONAL,  FOR  EXTENDED  ACTIVE  DUTY WITH THE ARMED FORCES OF THE UNITED
    9  STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT  WHICH  MAY
   10  PREVENT COMPLIANCE.
   11    C.  A LICENSED GENETIC COUNSELOR NOT ENGAGED IN PRACTICE AS DETERMINED
   12  BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING  EDUCA-
   13  TION  REQUIREMENT  UPON  THE  FILING  OF A STATEMENT WITH THE DEPARTMENT
   14  DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS    TO  THE  PRACTICE  OF
   15  GENETIC COUNSELING DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY
   16  THE  DEPARTMENT  PRIOR  TO REENTERING THE PROFESSION AND SHALL MEET SUCH
   17  MANDATORY EDUCATION REQUIREMENTS AS SHALL BE PRESCRIBED  BY  REGULATIONS
   18  OF THE COMMISSIONER.
   19    2.  DURING  EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
   20  TRATION AS A LICENSED GENETIC COUNSELOR  SHALL  COMPLETE  A  MINIMUM  OF
   21  FORTY-FIVE HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION. ANY LICENSED
   22  GENETIC  COUNSELOR WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE
   23  DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS  FROM  SUCH  EFFECTIVE
   24  DATE,  SHALL  COMPLETE CONTINUING EDUCATION HOURS ON A PRORATED BASIS. A
   25  LICENSEE WHO  HAS  NOT  SATISFIED  THE  MANDATORY  CONTINUING  EDUCATION
   26  REQUIREMENT  SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY
   27  THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS  AND  UNTIL  A  CONDITIONAL
   28  REGISTRATION  IS  ISSUED  AS  PROVIDED  FOR IN SUBDIVISION THREE OF THIS
   29  SECTION. CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM  MAY  NOT
   30  BE TRANSFERRED TO THE SUBSEQUENT TRIENNIUM.
   31    3.  THE  DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
   32  TRATION TO A  LICENSEE  WHO  FAILS  TO  MEET  THE  CONTINUING  EDUCATION
   33  REQUIREMENTS  ESTABLISHED  IN  SUBDIVISION  TWO  OF THIS SECTION BUT WHO
   34  AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
   35  WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL  REGIS-
   36  TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
   37  NIAL  REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
   38  BE DETERMINED BY THE DEPARTMENT BUT  SHALL  NOT  EXCEED  ONE  YEAR.  ANY
   39  LICENSEE  WHO  IS  NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
   40  SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED  CONTINUING
   41  EDUCATION  AND  WHO  PRACTICES GENETIC COUNSELING WITHOUT SUCH REGISTRA-
   42  TION, MAY BE SUBJECT TO THE DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION
   43  SIXTY-FIVE HUNDRED TEN OF THIS CHAPTER.
   44    4. FOR THE PURPOSES OF THIS  SECTION,  "ACCEPTABLE  FORMAL  CONTINUING
   45  EDUCATION"  SHALL  MEAN  FORMAL  COURSES OF LEARNING WHICH CONTRIBUTE TO
   46  PROFESSIONAL PRACTICE IN GENETIC COUNSELING AND WHICH MEET THE STANDARDS
   47  PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. THE  DEPARTMENT  MAY,  IN
   48  ITS  DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF
   49  THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING  EDUCATION  COURSES  IN
   50  SPECIFIC  SUBJECTS.  TO  FULFILL  THIS  MANDATORY  CONTINUING  EDUCATION
   51  REQUIREMENT, COURSES MUST BE  TAKEN  FROM  A  SPONSOR  APPROVED  BY  THE
   52  DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
   53    5.  LICENSED  GENETIC COUNSELORS SHALL MAINTAIN ADEQUATE DOCUMENTATION
   54  OF COMPLETION  OF  ACCEPTABLE  FORMAL  CONTINUING  EDUCATION  AND  SHALL
   55  PROVIDE  SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAILURE TO
   56  PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT  SHALL  BE
       S. 2904--B                          6                         A. 3350--B
    1  AN  ACT  OF  MISCONDUCT  SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO
    2  SECTION SIXTY-FIVE HUNDRED TEN OF THIS CHAPTER.
    3    THE  MANDATORY  CONTINUING  EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
    4  SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
    5  TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
    6  FEE REQUIRED BY SECTION SIXTY-EIGHT HUNDRED FIVE OF THIS ARTICLE.
    7    S 2. Severability. If any clause, sentence, paragraph, section or part
    8  of  this act shall be adjudged by any court of competent jurisdiction to
    9  be invalid and after exhaustion of  all  further  judicial  review,  the
   10  judgment  shall  not affect, impair or invalidate the remainder thereof,
   11  but shall be confined in its operation to the  clause,  sentence,  para-
   12  graph,  section or part of this act directly involved in the controversy
   13  in which the judgment shall have been rendered.
   14    S 3. This act shall take effect eighteen months after  it  shall  have
   15  become  a law; provided, however, that the state education department is
   16  authorized to promulgate any and all rules and regulations and take  any
   17  other measure necessary to implement this act on or before its effective
   18  date,  and  provided  further  that  section  7059 of article 142 of the
   19  education law, as added by section one of this  act  shall  take  effect
   20  three years after the effective date of this act.
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