LRB-0760/3
TKK:wlj:rs
2007 - 2008 LEGISLATURE
March 12, 2008 - Introduced by Senator Darling. Referred to Committee on
Health, Human Services, Insurance, and Job Creation.
SB570,1,7 1An Act to renumber 252.14 (1) (ar) 4q. and 448.970; to amend 15.085 (1m) (b),
2146.997 (1) (d) 4., 155.01 (7), 440.08 (2) (a) 37m. and 450.10 (3) (a) 5.; and to
3create
15.406 (6), 48.981 (2) (a) 30., 146.81 (1) (dd), 252.14 (1) (ar) 4s., 440.03
4(13) (b) 30m., 440.08 (2) (a) 37m. and subchapter VIII of chapter 448 [precedes
5448.970] of the statutes; relating to: the regulation and licensure of genetic
6counselors, creating a genetic counselors affiliated credentialing board,
7requiring the exercise of rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill requires a person who practices genetic counseling to be licensed by
a seven-member genetic counselors affiliated credentialing board (board), created
by the bill. The board consists of four persons licensed under the bill, two persons
licensed to practice medicine and surgery, and one public member. The board
members serve four-year terms.
The bill defines genetic counseling as interpreting, analyzing, integrating, and
delivering any of the following to individuals and families: 1) individual and family
medical histories; 2) education and information about inheritance, genetic testing,
management, prevention, resources, and research; and 3) social and psychological
support. In addition, the foregoing activities do not satisfy the definition of "genetic
counseling" unless they are performed for the following purposes: 1) to provide

guidance about the medical, psychological, and familial implications of genetic
contributions to disease; 2) to assess the mode of inheritance and chance of
occurrence or recurrence of conditions with a genetic component; or 3) to promote
informed choices and adaptations to a risk or condition.
The following persons are exempt from the bill's licensure requirement: 1) any
person lawfully practicing within the scope of a license, permit, registration, or
certification granted by the state or the federal government; 2) any person assisting
and under the direct supervision of a licensed genetic counselor; 3) certain students
of genetic counseling who are assisting a genetic counselor; and 4) a person who is
licensed to practice genetic counseling in another state or country and is providing
assistance to a genetic counselor licensed in this state.
To qualify for licensure under the bill, a person must have completed a
degree-granting educational program in genetic counseling approved by the board
and accredited by the American Board of Genetic Counseling (ABGC). In addition,
the person must have passed either an examination administered by ABGC or the
genetic counseling exam administered by the American Board of Medical Genetics.
Finally, the person must obtain and maintain certification with ABGC. The board
may waive these requirements for a person who holds an unexpired genetic
counselor license issued by another state or territory if the board determines that the
requirements for licensure and renewal are substantially equivalent to the
requirements for licensure and renewal in this state. If the person completed a
degree-granting educational program in genetic counseling that is not in the United
States, the person must satisfy any additional requirements established by the board
by rule.
This bill permits the board to provide, by rule, for the issuance of a temporary
license to a person who has not passed the requisite exam; the temporary license may
be renewed only once. A person holding a temporary license may practice genetic
counseling only under the supervision of a person licensed under the bill.
The bill also authorizes the board to make investigations and conduct hearings
to determine whether a violation of the bill has occurred. The board may reprimand
a genetic counselor or deny, limit, suspend, or revoke a license granted under the bill
if a genetic counselor or applicant for licensure has engaged in prohibited conduct.
The bill requires the board to revoke the license of a genetic counselor who has failed
to maintain certification with ABGC or whose certification with ABGC has been
revoked.
The bill requires the board to promulgate rules that define the standards of
practice of genetic counseling and permits the board to define the scope of practice
of genetic counseling. In addition, this bill also does each of the following: 1) makes
current law regarding the preservation, destruction, and confidentiality of patient
health care records applicable to genetic counselors; 2) includes genetic counselors
in the definition of "health care provider" for the requirements under current law
for powers of attorney for health care and for the prohibition under current law on
discrimination related to acquired immunodeficiency syndrome; 3) requires a
genetic counselor, like other professionals under current law, to make certain reports
regarding abused or neglected children; and 4) provides to genetic counselors the

same protection from discipline under current law that is available to other health
care professionals who make certain reports regarding violations of laws applicable
to pharmacists or controlled substances or of laws or clinical or ethical standards by
health care facilities, health care providers, or employees of such facilities or
providers.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB570, s. 1 1Section 1. 15.085 (1m) (b) of the statutes is amended to read:
SB570,3,62 15.085 (1m) (b) The public members of the physical therapists affiliated
3credentialing board, podiatrists affiliated credentialing board, or occupational
4therapists affiliated credentialing board, or genetic counselors affiliated
5credentialing board
shall not be engaged in any profession or occupation concerned
6with the delivery of physical or mental health care.
SB570, s. 2 7Section 2. 15.406 (6) of the statutes is created to read:
SB570,3,118 15.406 (6) Genetic counselors affiliated credentialing board. There is
9created in the department of regulation and licensing, attached to the medical
10examining board, a genetic counselors affiliated credentialing board consisting of the
11following members appointed for 4-year terms:
SB570,3,1212 (a) Four genetic counselors who are licensed under subch. VIII of ch. 448.
SB570,3,1413 (b) Two members who are licensed to practice medicine and surgery under
14subch. II of ch. 448, one of whom is a clinical geneticist.
SB570,3,1515 (c) One public member.
SB570, s. 3 16Section 3. 48.981 (2) (a) 30. of the statutes is created to read:
SB570,3,1717 48.981 (2) (a) 30. A genetic counselor.
SB570, s. 4 18Section 4. 146.81 (1) (dd) of the statutes is created to read:
SB570,4,1
1146.81 (1) (dd) A genetic counselor licensed under subch. VIII of ch. 448.
SB570, s. 5 2Section 5. 146.997 (1) (d) 4. of the statutes is amended to read:
SB570,4,43 146.997 (1) (d) 4. A physician, podiatrist, perfusionist, physical therapist, or
4physical therapist assistant, or genetic counselor licensed under ch. 448.
SB570, s. 6 5Section 6. 155.01 (7) of the statutes is amended to read:
SB570,4,166 155.01 (7) "Health care provider" means a nurse licensed or permitted under
7ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a
8physician, physician assistant, perfusionist, podiatrist, physical therapist, physical
9therapist assistant, occupational therapist, or occupational therapy assistant, or
10genetic counselor
licensed under ch. 448, a person practicing Christian Science
11treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch.
12455, a partnership thereof, a corporation or limited liability company thereof that
13provides health care services, an operational cooperative sickness care plan
14organized under ss. 185.981 to 185.985 that directly provides services through
15salaried employees in its own facility, or a home health agency, as defined in s. 50.49
16(1) (a).
SB570, s. 7 17Section 7. 252.14 (1) (ar) 4q. of the statutes is renumbered 252.14 (1) (ar) 4n.
SB570, s. 8 18Section 8. 252.14 (1) (ar) 4s. of the statutes is created to read:
SB570,4,1919 252.14 (1) (ar) 4s. A genetic counselor licensed under subch. VIII of ch. 448.
SB570, s. 9 20Section 9. 440.03 (13) (b) 30m. of the statutes is created to read:
SB570,4,2121 440.03 (13) (b) 30m. Genetic counselor.
SB570, s. 10 22Section 10. 440.08 (2) (a) 37m. of the statutes is created to read:
SB570,4,2423 440.08 (2) (a) 37m. Genetic counselor: November 1 of each odd-numbered year;
24$106.
SB570, s. 11
1Section 11. 440.08 (2) (a) 37m. of the statutes, as created by 2007 Wisconsin
2Act .... (this act), is amended to read:
SB570,5,43 440.08 (2) (a) 37m. Genetic counselor: November 1 of each odd-numbered year;
4$106
.
SB570, s. 12 5Section 12. Subchapter VIII of chapter 448 [precedes 448.970] of the statutes
6is created to read:
SB570,5,77 chapter 448
SB570,5,88 subchapter VIII
SB570,5,109 genetic counselors affiliated
10 credentialing board
SB570,5,11 11448.970 Definitions. In this subchapter:
SB570,5,13 12(1) "Affiliated credentialing board" means the genetic counselors affiliated
13credentialing board.
SB570,5,15 14(2) "American Board of Genetic Counseling" includes a successor organization
15as determined by the affiliated credentialing board.
SB570,5,21 16(3) "Genetic counseling" means the interpretation, analysis, integration, and
17delivery of any of the following to individuals and families to provide guidance about
18the medical, psychological, and familial implications of genetic contributions to
19disease; to assess the mode of inheritance and chance of occurrence or recurrence of
20conditions with a genetic component; or to promote informed choices and adaptations
21to a risk or condition:
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