PRINTER'S NO.  288

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

333

Session of

2011

  

  

INTRODUCED BY KILLION, CALTAGIRONE, GEIST, GINGRICH, MANN, MICOZZIE, MILLER, MILNE, MUSTIO, VULAKOVICH AND FLECK, JANUARY 31, 2011

  

  

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JANUARY 31, 2011  

  

  

  

AN ACT

  

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Amending the act of October 5, 1978 (P.L.1109, No.261), entitled

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"An act requiring the licensing of practitioners of

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osteopathic medicine and surgery; regulating their practice;

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providing for certain funds and penalties for violations and

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repeals," further providing for definitions; and providing

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for regulation of genetic counselors.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 2 of the act of October 5, 1978

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(P.L.1109, No.261), known as the Osteopathic Medical Practice

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Act, is amended by adding definitions to read:

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Section 2.  Definitions.

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The following words and phrases when used in this act shall

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have, unless the context clearly indicates otherwise, the

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meanings given to them in this section:

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"ABGC."  The American Board of Genetic Counseling.

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"ABMG."  The American Board of Medical Genetics.

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"Active candidate status."  The designation awarded to

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applicants who have received approval from the American Board of

 


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Genetic Counseling or the American Board of Medical Genetics to

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sit for their respective certification examinations.

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* * *

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"Genetic counselor."  An individual who is licensed to

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practice genetic counseling by the State Board of Medicine or

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the State Board of Osteopathic Medicine.

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"Genetic counseling."  The provision of services to

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individuals, couples, families and organizations by one or more

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appropriately trained individuals to address the physical and

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psychological issues associated with the occurrence or risk of

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occurrence of a genetic disorder, birth defect or genetically

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influenced condition or disease in an individual or a family.

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* * *

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Section 2.  The act is amended by adding a section to read:

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Section 10.3.  Genetic counselor.

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(a)  License required.--Two years after the effective date of

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this section, it shall be unlawful for any person to hold

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himself out to the public as a genetic counselor or to practice

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or offer to practice genetic counseling unless the person holds

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an active license issued by the board or the State Board of

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Medicine.

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(b)  Use of title.--An individual who holds an active license

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as provided by this act may hold himself out to the public by

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any title or description of services incorporating the term

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"genetic counselor" or use any words or symbols indicating or

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tending to indicate that the individual is a genetic counselor,

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except as otherwise provided by this act.

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(c)  Scope of practice.--

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(1)  A genetic counselor may provide genetic counseling

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to clients, which includes:

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(i)  Obtaining and reviewing individual and family

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medical, developmental and reproductive histories.

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(ii)  Determining the mode of inheritance and risk of

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transmission of genetic conditions and birth defects.

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(iii)  Explaining the inheritance, features, natural

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history, diagnosis and management of these conditions.

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(iv)  Identifying, coordinating, reviewing and

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explaining genetic tests and other diagnostic studies.

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(v)  Assessing psychosocial factors, recognizing

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social, educational and cultural issues.

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(vi)  Evaluating the client's or family's responses

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to the condition or risk of occurrence and providing

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client-centered counseling and anticipatory guidance.

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(vii)  Facilitating informed decision making about

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testing, management and reproductive alternatives.

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(viii)  Identifying and facilitating access to

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resources that provide medical, educational, financial

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and psychosocial support and advocacy.

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(ix)  Providing accurate written documentation of

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medical, genetic and counseling information for families

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and health care professionals as authorized by written

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consent of the client.

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(2)  When in the course of providing genetic counseling

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services to a client, if a genetic counselor finds any

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indication of a disease or condition that requires

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professional service outside the scope of practice defined in

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this section, the genetic counselor shall refer the client to

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a licensed physician.

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(3)  Nothing in this subsection shall be construed to

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authorize a genetic counselor to diagnose, test or treat any

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genetic or other disease or condition.

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(d)  Exemptions.--The following persons may provide genetic

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counseling without holding the license required by this section

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as indicated:

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(1)  A person licensed under any other section of this

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act or any other law of this Commonwealth, while acting

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within the scope of practice of the person's license and

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training, provided the person does not hold himself out to

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the public as a genetic counselor.

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(2)  A person employed by the Federal Government to

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provide genetic counseling while in the discharge of the

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person's official duties.

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(3)  A student enrolled in an ABGC-accredited or ABMG-

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accredited genetic counseling educational program or an ABMG-

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accredited medical genetics educational program, if the

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counseling is an integral part of the student's course of

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study and is performed under the direct supervision of a

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genetic counselor or a licensed physician.

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(4)  A person trained as a genetic counselor who

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reapplies for the ABGC certification examination and is

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working under general supervision in an approved genetic

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counseling training site.

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(5)  A person trained as a Ph.D. medical geneticist who

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reapplies for the ABMG certification examination and gathers 

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logbook cases under a supervisor identified in the training

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program's ABMG accreditation documents as a member of the

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training faculty.

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(e)  Qualifications.--An applicant shall be licensed to

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practice genetic counseling under this act if the applicant

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meets all of the following qualifications and has otherwise

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complied with the provisions of this act:

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(1)  The person is at least 21 years of age.

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(2)  The person is of good moral character.

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(3)  The person has received a master's degree or

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doctoral degree in human genetics or genetic counseling from

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AN ABGC-accredited or ABMG-accredited educational program, or 

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has met the requirements for certification by the ABGC or

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ABMG.

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(4)  The person has passed the examination for

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certification as a genetic counselor by the ABGC or the ABMG 

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or has passed the examination for certification as a Ph.D.

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medical geneticist by the ABMG.

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(5)  The person has completed an application form

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provided by the board and paid the appropriate fee.

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(f)  Licensure of noncertified persons.--For a period of

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three years after the effective date of this section, the board

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may issue a license to a person who meets all of the

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qualifications for licensure except for the requirements of

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subsection (e)(3) and (4), provided:

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(1)  The person has received a master's degree or higher

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degree in genetics or a related field of study and has worked

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as a genetic counselor for a minimum of three years preceding

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the enactment of this section or has received a bachelor of

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science degree in genetics or a related field of study and

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has been employed as a genetic counselor for at least ten

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years prior to the enactment of this section.

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(2)  The person submits at least three letters of

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recommendation, one of which must be from a genetic counselor

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certified by ABGC or ABMG and one must be from either a

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clinical geneticist certified by ABMG or a medical geneticist

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certified by ABMG. A person who submits a letter of

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recommendation must have worked with the applicant in an

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employment setting during the previous ten years and can

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attest to the applicant's competency in providing genetic

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counseling services.

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(g)  Provisional license.--

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(1)  The board may issue a provisional license to

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practice genetic counseling to a person who meets all of the

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qualifications for licensure except for the certification

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requirement of subsection (e)(4), provided the person has

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been granted active candidate status establishing eligibility

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to sit for the next available certification examination by

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the ABGC or the ABMG.

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(2)  A provisional license shall allow the person to

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practice under the supervision of a genetic counselor or a 

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licensed physician until the person receives certification

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from the ABGC or the ABMG or two examination cycles have

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elapsed, whichever comes first.

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(3)  Under no circumstances shall a person continue to

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practice on a provisional license upon notification that the

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person has not passed the examination within two examination

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cycles after receiving the provisional license.

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(h)  Licensure fees.--All application and licensure fees

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shall be set by the board by regulation.

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(i)  Reciprocal disciplinary action.--Disciplinary action

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taken by the board against a person who is a genetic counselor

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shall be enforceable by the State Board of Medicine against the 

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person if the person holds or seeks a license to practice as a

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genetic counselor with the State Board of Medicine.

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(j)  Continuing education.--

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(1)  The board shall promulgate regulations establishing

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requirements of continuing education to be met by persons

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licensed as genetic counselors under this section as a

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condition for renewal of their licenses.

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(2)  A person who applies for initial licensure in this

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Commonwealth shall be exempt from the continuing education

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requirements for the biennial renewal period following

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initial licensure.

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(3)  The board may waive all or a portion of the

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continuing education requirement for biennial renewal for a

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licensee who shows to the satisfaction of the board that the

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licensee was unable to complete the requirements due to

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serious illness, military service or other demonstrated

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hardship.

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Section 3.  The State Board of Osteopathic Medicine shall

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promulgate regulations to carry out the provisions of this act

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within 18 months of the effective date of this section.

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Section 4.  This act shall take effect in 60 days.

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