Report Title:

Professional Licensure; License Genetic Counselors

 

Description:

Establishes licensing requirements for genetic counselors in the State.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1893

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

 

RELATING TO PROFESSIONAL LICENSURE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The purpose of this Act is to regulate individuals offering genetic counseling services in the State and to:

     (1)  Safeguard the public health, safety, and welfare;

     (2)  Protect those seeking genetic counseling services from incompetent and unscrupulous persons, and persons unauthorized to perform these services;

     (3)  Assure the highest degree of professional conduct on the part of genetic counselors; and

     (4)  Assure the availability of high quality genetic counseling services.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

GENETIC COUNSELORS

     §   -1  Definitions.  As used in this chapter:

     "Board certified" means an individual who has passed the

American Board of Genetic Counseling or American Board of Medical Genetics genetic counseling certification examination and remains actively certified by the American Board of Genetic Counseling or the American Board of Medical Genetics.

     "Board eligible" means an individual who has documentation of eligibility to take the American Board of Genetic Counseling certification examination.

     "Department" means the department of health.

     "Director" means the director of health.

     "Genetic counselor" means a person licensed under this chapter who engages in genetic counseling practice.

     "Genetic counseling practice" means rendering of professional counseling services based on specialized education and training to individuals, families, or groups for compensation, monetary or otherwise.  These counseling services include the communication process which deals with the human problems associated with the occurrence, or the risk of occurrence, of a genetic disorder in a family.  "Genetic counseling practice" includes but is not limited to:

     (1)  Explaining the nature of genetics evaluation to clients, and eliciting and interpreting comprehensive and appropriate medical and family histories, based on the referral indication, and documenting the family history using standard pedigree nomenclature;

     (2)  Identifying additional client and family medical information that is necessary for risk assessment and consideration of differential diagnoses, and assisting in obtaining that information;

     (3)  Researching and summarizing pertinent data from the published literature, databases, and other professional resources, as necessary for each client;

     (4)  Synthesizing client and family medical information and data obtained from additional research as the basis for risk assessment, differential diagnosis, genetic testing options, reproductive options, follow-up recommendations, and case management;

     (5)  Assessing and calculating the risk of occurrence or recurrence of a genetic condition or birth defect using a variety of techniques, including knowledge of inheritance patterns, epidemiologic data, quantitative genetics principles, statistical models, and evaluation of clinical information, as applicable;

     (6)  Explaining to clients, verbally, in writing, or both, medical information regarding the diagnosis or potential occurrence of a genetic condition or birth defect, including etiology, natural history, inheritance, and potential treatment options;

     (7)  Comprehending the medical facts, including the diagnosis, probable cause of the disorder, and available management of the disorder;

     (8)  Interpreting individual family experiences, behaviors, emotions, perceptions, values, and cultural and religious beliefs in order to facilitate individualized decision making and coping;

     (9)  Promoting client-specific decision making in an unbiased noncoercive manner which respects a client's culture, language, tradition, lifestyle, religious beliefs, and values;

    (10)  Assessing client understanding and response to medical information and its implications, and adjusting the level of the educational intervention according to client competencies; and

    (11)  Identifying clients psychological needs, stressors and sources of emotional and psychological support in order to determine appropriate interventions, referrals, or both.

     "Licensed genetic counselor" means an individual who holds a license in good standing to practice genetic counseling under this chapter.

     §   -2  Genetic counseling licensure program.  There is established a genetic counseling licensure program within the department to be administered by the director.

     §   -3  Powers and duties of the director.  In addition to any other powers and duties authorized by law, the director shall:

     (1)  Examine and approve the qualifications of all applicants under this chapter and issue a license to each successful applicant granting permission to use the title of "licensed genetic counselor" or "genetic counselor" in this State pursuant to this chapter and the rules adopted pursuant thereto;

     (2)  Adopt, amend, or repeal rules pursuant to chapter 91 as the director finds necessary to carry out this chapter;

     (3)  Administer, coordinate, and enforce this chapter and rules adopted pursuant thereto;

     (4)  Discipline a licensed genetic counselor for any cause described by this chapter or for any violation of the rules, and refuse to license an individual for failure to meet licensure requirements or for any cause that would be grounds for disciplining a licensed genetic counselor; and

     (5)  Direct the department of health genetics staff to assist with the implementation of this chapter and the rules adopted pursuant thereto.

     §   -4  Licensure required.  No individual shall purport to be a licensed genetic counselor or use the letters "L.G.C." in connection with the individual's name, or use any words or symbols indicating or tending to indicate that the individual is a licensed genetic counselor without meeting the applicable requirements and holding a license as set forth in this chapter.

     §   -5  Exemptions.  (a)  This chapter does not prohibit any persons legally regulated in this State by any other law from engaging in the practice for which they are authorized as long as they do not represent themselves by the title of "genetic counselor" or "licensed genetic counselor".  This chapter does not prohibit the practice of nonregulated professions whose practitioners are engaged in the delivery of human services as long as these practitioners do not represent themselves as or use the title of "genetic counselor" or "licensed genetic counselor."

     (b)  Nothing in this chapter shall be construed to limit the activities and services of:

     (1)  A student, intern, resident, or fellow in genetics counseling or genetics seeking to fulfill educational requirements to qualify for a license under this chapter if those activities and services constitute a part of the student's supervised course of study;

     (2)  An individual seeking to fulfill the post-degree practice requirements to qualify for licensing under this chapter, as long as the activities and services are supervised by a qualified supervisor.  A student, intern, resident, or fellow shall be designated by the title "intern", "resident", "fellow", or any other designation of trainee status; or

     (3)  A genetic counselor certified by the American Board of Genetic Counseling or the American Board of Medical Genetics who is brought into the State as a consultant to train genetic counselors within the State.  Nothing contained in this paragraph shall be construed to permit students, interns, residents, fellows, or consultants to offer their services as genetic counselors to any other person.

     (c)  Nothing in this chapter shall be construed to prevent a physician licensed to practice medicine in this State or an intern, fellow, or resident from performing genetic counseling within the person's scope of practice as long as the person is not in any manner held out to the public as a "genetic counselor" or "licensed genetic counselor".

     (d)  Nothing in this chapter shall be construed to prevent any licensed nurse in this State from performing genetic counseling within the nurse's scope of practice as long as the nurse is not in any manner held out to the public as a "genetic counselor" or "licensed genetic counselor".

     (e)  Nothing in this chapter shall be construed to prevent any licensed social worker, licensed psychologist, or licensed marriage and family therapist from practicing professional counseling in this State as long as that person is not in any manner held out to the public as a "genetic counselor" or "licensed genetic counselor" and does not hold out the person's services as being genetic counseling.

     §   -6  Licensure requirements.  The director shall adopt rules in accordance with chapter 91 as deemed necessary for the licensure of genetic counselors to protect public health and safety and may consider the following factors as evidence in determining whether an applicant is qualified to be licensed:

     (1)  The applicant is, or was, board certified by the American Board of Genetic Counseling or the American Board of Medical Genetics;

     (2)  The applicant has participated in continuing education in the field of genetic counseling; and

     (3)  The applicant has a report of any disciplinary action or rejection of a license application or renewal relating to genetic counseling practice taken against the applicant in another jurisdiction.

     §   -7  Provisional license.  (a)  The director shall grant, upon application and payment of proper fees, provisional licensure to an individual who, at the time of application, is documented to be board eligible by the American Board of Genetic Counseling.

     (b)  Provisional licenses may be issued for a maximum of four years.

     §   -8  Licensure by endorsement.  The director may grant, upon application and payment of proper fees, licensure to an individual who, at the time of application, holds a valid license as a genetic counselor issued by another state, territory, or jurisdiction if the requirements for that certification or license are equal to, or move stringent than, the requirements of this chapter, as determined by the director.

     §   -9  Issuance of license.  The director shall issue a license to any individual who meets the requirements of this chapter, upon payment of the prescribed fees.

     §   -10  Renewal of license.  (a)  Every license issued under this chapter shall be renewed annually before July 1.  Failure to renew a license shall result in a suspension of the license.  Licenses that have been so suspended may be restored within six months after the expiration date upon payment of renewal and penalty fees.  Failure to restore a suspended license within six months after the date of its expiration shall result in the automatic termination of the license, and relicensure shall require the individual to apply as a new applicant.

     (b)  An applicant who is board eligible shall obtain certification from the American Board of Genetic Counseling within two examination cycles to continue to be eligible for provisional license renewal.

     §   -11  Application for licensure.  (a)  Application for a license shall be made on an application form to be furnished by the department.  An applicant shall provide the following information on the application form:

     (1)  The applicant's legal name;

     (2)  The applicant's current residence and business mailing addresses and phone numbers;

     (3)  The applicant's social security number;

     (4)  The date and place of any conviction of a crime directly related to the profession or vocation in which the applicant is applying for licensure, unless the conviction has been expunged or annulled, or is otherwise precluded from consideration by section 831-3.1;

     (5)  Proof that the applicant is a United States citizen, a United States national, or an alien authorized to work in the United States;

     (6)  Disclosure of similar licensure in any state, territory or other jurisdiction;

     (7)  Disclosure of disciplinary action by any state, territory, or other jurisdiction regarding any license held by the applicant; and

     (8)  Any other information the donate may require to investigate the applicant's qualifications for licensure.

     (b)  Failure to provide the information required under subsection (a) or to pay the required fees shall be grounds to deny the application for licensure.

     §   -12  Fees; disposition.  (a)  Application, license renewal, late renewal penalty fees, inactive, and other reasonable and necessary fees relating to administration of this chapter shall be as provided in rules adopted by the director pursuant to chapter 91.

     (b)  Fees assessed shall defray all costs to be incurred by the director to support the operation of the genetic counselor licensure program.

     §   -13  Revocation, suspension, denial, or condition of licenses; fines.  In addition to any other acts or conditions provided by law, the director may refuse to renew, reinstate, or restore, or may deny, revoke, suspend, fine, or condition in any manner any license for any one or more of the following acts or conditions on the part of the applicant or licensed genetic counselor:

     (1)  Conviction by a court of competent jurisdiction of a crime that the director has determined to be of a nature that renders the individual convicted unfit to practice genetic counseling;

     (2)  Failure to report in writing to the director any disciplinary decision or rejection of license application or renewal related to genetic practice issued against the licensed genetic counselor or the applicant in any jurisdiction within thirty days of the disciplinary decision or within twenty days of licensure;

     (3)  Violation of recognized ethical standards for genetic counselors established by the National Society of Genetic Counselors;

     (4)  Use of fraud, deception, or misrepresentation in obtaining a license;

     (5)  Revocation, suspension, or other disciplinary action by another state, territory, federal agency, or country against the licensed genetic counselor or applicant for any reason provided under this section; or

     (6)  Other just and sufficient cause that renders an individual unfit to practice genetic counseling.

     §   -14  Hearings; appeals.  The director shall establish a hearing and appeals process for persons who wish to appeal any action of the director.

     §   -15  Prohibited acts; penalties.  (a)  No individual shall:

     (1)  Use in connection with the person's name any designation tending to imply that the individual is a licensed genetic counselor unless the individual is duly licensed and authorized under this chapter; or

     (2)  Make a representation that the individual is a licensed genetic counselor during the time the person's license issued under this chapter is forfeited, inactive, terminated, suspended, or revoked.

     (b)  Any individual who violates this section shall be subject to a fine of not more than $1,000 and each day's violation shall be deemed a separate offense."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  This Act shall take effect on July 1, 2008.

 

INTRODUCED BY:

_____________________________