PRINTER'S NO. 3044
No. 2137 Session of 2007
INTRODUCED BY KILLION, BARRAR, BRENNAN, CLYMER, CURRY, FRANKEL, GINGRICH, HARPER, HENNESSEY, HORNAMAN, LENTZ, MOYER, SONNEY AND YOUNGBLOOD, DECEMBER 18, 2007
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, DECEMBER 18, 2007
AN ACT 1 Amending the act of December 20, 1985 (P.L.457, No.112), 2 entitled "An act relating to the right to practice medicine 3 and surgery and the right to practice medically related acts; 4 reestablishing the State Board of Medical Education and 5 Licensure as the State Board of Medicine and providing for 6 its composition, powers and duties; providing for the 7 issuance of licenses and certificates and the suspension and 8 revocation of licenses and certificates; providing penalties; 9 and making repeals," further providing for definitions; and 10 providing for regulation of genetic counselors. 11 The General Assembly of the Commonwealth of Pennsylvania 12 hereby enacts as follows: 13 Section 1. Section 2 of the act of December 20, 1985 14 (P.L.457, No.112), known as the Medical Practice Act of 1985, is 15 amended by adding definitions to read: 16 Section 2. Definitions. 17 The following words and phrases when used in this act shall 18 have the meanings given to them in this section unless the 19 context clearly indicates otherwise: 20 "ABGC." The American Board of Genetic Counseling. 21 "ABMG." The American Board of Medical Genetics.
1 * * * 2 "Active candidate status." The designation awarded to 3 applicants who have received approval from the American Board of 4 Genetic Counseling or the American Board of Medical Genetics to 5 sit for their respective certification examinations. 6 * * * 7 "Genetic counselor." An individual who is licensed to 8 practice genetic counseling by the State Board of Medicine or 9 the State Board of Osteopathic Medicine. 10 "Genetic counseling." The provision of services to 11 individuals, couples, families and organizations by one or more 12 appropriately trained individuals to address the physical and 13 psychological issues associated with the occurrence or risk of 14 occurrence of a genetic disorder, birth defect or genetically 15 influenced condition or disease in an individual or a family. 16 * * * 17 Section 2. The act is amended by adding a section to read: 18 Section 13.3. Genetic counselor. 19 (a) License required.--Two years after the effective date of 20 this section, it shall be unlawful for any person to hold 21 himself out to the public as a genetic counselor or to practice 22 or offer to practice genetic counseling unless the person holds 23 a valid, current license issued by the board or the State Board 24 of Osteopathic Medicine. 25 (b) Use of title.--An individual who holds a valid, current 26 license issued by either board may use the title genetic 27 counselor. No other person shall have that right. 28 (c) Regulations.--The board is authorized to promulgate 29 regulations to implement this section. 30 (d) Scope of practice.-- 20070H2137B3044 - 2 -
1 (1) A genetic counselor may provide genetic counseling 2 to clients, which shall include: 3 (i) Obtaining and interpreting individual and family 4 medical, developmental and reproductive histories. 5 (ii) Determining the mode of inheritance and risk of 6 transmission of genetic conditions and birth defects. 7 (iii) Explaining the inheritance, features, natural 8 history, diagnosis and management of these conditions. 9 (iv) Identifying, coordinating, interpreting and 10 explaining genetic tests and other diagnostic studies. 11 (v) Assessing psychosocial factors, recognizing 12 social, educational and cultural issues. 13 (vi) Evaluating the client's or family's responses 14 to the condition or risk of occurrence and providing 15 client-centered counseling and anticipatory guidance. 16 (vii) Facilitating informed decision making about 17 testing, management and reproductive alternatives. 18 (viii) Identifying and facilitating access to 19 resources that provide medical, educational, financial 20 and psychosocial support and advocacy. 21 (ix) Providing accurate written documentation of 22 medical, genetic and counseling information for families 23 and health care professionals as authorized by written 24 consent of the client. 25 (2) Nothing in this subsection shall be construed to 26 authorize a genetic counselor to diagnose, test or treat any 27 genetic or other disease or condition. When in the course of 28 providing genetic counseling services to any client a genetic 29 counselor finds any indication of a disease or condition that 30 requires professional service outside the scope of practice 20070H2137B3044 - 3 -
1 defined in this section, the genetic counselor shall refer 2 that client to a physician licensed to practice medicine and 3 surgery without restriction. 4 (e) Exemptions.--The following persons may provide genetic 5 counseling without holding the license required by this section 6 as indicated: 7 (1) A person licensed under any other section of this 8 act or any other law of this Commonwealth, while acting 9 within the scope of practice of the person's license and 10 training, provided the person does not hold themselves out to 11 the public as a genetic counselor. 12 (2) A person employed by the Federal Government to 13 provide genetic counseling while in the discharge of the 14 person's official duties. 15 (3) A student enrolled in an ABGC-accredited or ABMG- 16 accredited genetic counseling educational program or an ABMG- 17 accredited medical genetics educational program, if the 18 counseling is an integral part of the student's course of 19 study and is performed under the direct supervision of a 20 genetic counselor or a physician licensed to practice 21 medicine and surgery without restriction assigned to 22 supervise the student. 23 (4) A person trained as a genetic counselor that is 24 reapplying for the ABCG certification examination and 25 gathering logbook cases under general supervision in an 26 approved genetic counseling training site. 27 (5) A person trained as a Ph.D. medical geneticist that 28 is reapplying for the ABMG certification examination and is 29 gathering logbook cases under a supervisor identified in the 30 training program's ABMG accreditation documents as a member 20070H2137B3044 - 4 -
1 of the training faculty. 2 (f) Qualifications.--An applicant shall be licensed to 3 practice genetic counseling under this act if the applicant 4 meets all of the following qualifications and has otherwise 5 complied with the provisions of this act: 6 (1) The person is at least 21 years of age. 7 (2) The person is of good moral character. 8 (3) The person has received a master's degree in genetic 9 counseling from an ABGC-accredited or ABMG-accredited 10 educational program, or the person has received a doctoral 11 degree and has successfully completed an ABMG-accredited 12 medical genetics educational program. 13 (4) The person has passed the examination for 14 certification as a genetic counselor by the American Board of 15 Genetic Counseling or the American Board of Medical Genetics 16 or has passed the examination for certification as a medical 17 or clinical geneticist by the American Board of Medical 18 Genetics. 19 (5) The person has completed an application form 20 provided by the board and paid the appropriate fee. 21 (g) Licensure of noncertified persons.--For a period of 22 three years after the effective date of this section, the board 23 may issue a license to a person who meets all of the 24 qualifications for licensure except for the requirements of 25 subsection (f)(3) and (4), provided the person has worked as a 26 genetic counselor for a minimum of ten years preceding the 27 enactment of this section. All of the following shall apply: 28 (1) The person has received a master's or higher degree 29 in genetics or a related field of study. 30 (2) The person has never failed the ABGC or ABMG 20070H2137B3044 - 5 -
1 certification examination. 2 (3) The person submits at least three letters of 3 recommendation, one of which must be from a genetic counselor 4 certified by ABGC or ABMG and one must be from either a 5 clinical geneticist certified by ABMG or a medical geneticist 6 certified by ABMG. All individuals submitting letters of 7 recommendation must have worked with the applicant in an 8 employment setting during the previous ten years and can 9 attest to the applicant's competency in providing genetic 10 counseling services. 11 (4) The person provides documentation of attending ABGC- 12 approved continuing education programs within the previous 13 five years. 14 (h) Provisional license.--The board may issue a provisional 15 license to practice genetic counseling to a person who meets all 16 of the qualifications for licensure except for the certification 17 requirement of subsection (f)(4), provided the person has been 18 granted active candidate status establishing eligibility to sit 19 for the next available certification examination by the American 20 Board of Genetic Counseling or the American Board of Medical 21 Genetics. The following shall apply: 22 (1) A provisional license shall allow the person to 23 practice under the supervision of a genetic counselor or a 24 physician licensed to practice medicine and surgery without 25 restriction until the person receives certification from the 26 ABGC or the ABMG or two examination cycles have elapsed, 27 whichever comes first. 28 (2) Under no circumstances shall a person continue to 29 practice on a provisional license for more than 30 days after 30 notification that the person has not passed the examination 20070H2137B3044 - 6 -
1 within two examination cycles after receiving the provisional 2 license. 3 (i) Licensure fees.--All application and licensure fees 4 shall be set by the board by regulation. 5 (j) Reciprocal disciplinary action.--Disciplinary action 6 taken by the State Board of Medicine against a genetic counselor 7 licensed by it shall be enforceable by the State Board of 8 Osteopathic Medicine against that same person if the person 9 holds or seeks a license to practice as a genetic counselor with 10 the State Board of Osteopathic Medicine. 11 (k) Continuing education.-- 12 (1) The board shall adopt, promulgate and enforce rules 13 and regulations consistent with the provisions of this 14 section establishing requirements of continuing education to 15 be met by persons licensed as genetic counselors under this 16 section as a condition for renewal of their licenses. The 17 regulations shall include any fees necessary for the board to 18 carry out its responsibilities under this section. 19 (2) Beginning with the license period designated by 20 regulation, licensees shall be required to attend and 21 complete 30 hours of mandatory continuing education during 22 each two-year license period. Nationally certified education 23 courses shall be considered as creditable, in addition to any 24 other courses the board deems creditable toward meeting the 25 requirements for continuing education. 26 (3) An individual applying for the first time for 27 licensure in this Commonwealth shall be exempted from the 28 continuing education requirements for the biennial renewal 29 period following initial licensure. 30 (4) (i) The board may waive all or a portion of the 20070H2137B3044 - 7 -
1 continuing education requirement for biennial renewal for 2 a licensee who shows to the satisfaction of the board 3 that the licensee was unable to complete the requirements 4 due to serious illness, military service or other 5 demonstrated hardship. 6 (ii) The request shall be made in writing with 7 appropriate documentation and shall include a description 8 of circumstances sufficient to show why the licensee was 9 unable to comply with the continuing education 10 requirement. 11 (5) A licensee seeking to reinstate an inactive or 12 lapsed license shall show proof of compliance with the 13 continuing education requirement for the preceding biennium. 14 (6) All courses, locations, instructors and providers 15 shall be approved by the board. No credit shall be given for 16 any course in office management. 17 Section 3. The State Board of Medicine shall promulgate 18 regulations to carry out the provisions of this act within 18 19 months of the effective date of this act. 20 Section 4. This act shall take effect in 60 days. H30L63BIL/20070H2137B3044 - 8 -