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:
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(a) Four genetic counselors who are licensed under subch. VIII of ch. 448.
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(b) Two members who are licensed to practice medicine and surgery under
14subch. II of ch. 448, one of whom is a clinical geneticist.
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(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:
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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:
SB570,5,88
subchapter VIII
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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.
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14(2) "American Board of Genetic Counseling" includes a successor organization
15as determined by the affiliated credentialing board.
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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:
SB570,5,2222
(a) Individual and family medical histories.
SB570,5,2423
(b) Education and information about inheritance, genetic testing,
24management, prevention, resources, and research.
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(c) Social and psychological support.
SB570,6,2
1(4) "Genetic counselor" means an individual who is licensed by the affiliated
2credentialing board to practice genetic counseling.
SB570,6,4
3448.971 License required. (1) Except as provided in s. 448.972, no person
4may practice genetic counseling unless the person is licensed under this subchapter.
SB570,6,11
5(2) No person may designate himself or herself as a genetic counselor or use
6or assume the title "genetic associate," "genetic counselor," "licensed genetic
7counselor," or "registered genetic counselor," or append to the person's name the
8letters "G.A.," "G.C.," "L.G.C.," or "R.G.C.," or use any insignia or designation that
9would imply that the individual is licensed or certified or registered as a genetic
10counselor, or claim to render genetic counseling services unless the person is licensed
11under this subchapter.
SB570,6,13
12448.972 Applicability. (1) A license is not required under this subchapter
13for any of the following if the person does not claim to be a genetic counselor:
SB570,6,1514
(a) Any person lawfully practicing within the scope of a license, permit,
15registration, or certification granted by this state or the federal government.
SB570,6,1716
(b) Any person assisting a genetic counselor in practice under the direct,
17on-premises supervision of the genetic counselor.
SB570,6,2018
(c) A student of genetic counseling assisting a genetic counselor in the practice
19of genetic counseling if the assistance is within the scope of the student's education
20or training.
SB570,6,2321
(d) A person who is licensed to practice genetic counseling in another state or
22country and is providing a consultation or demonstration with a genetic counselor
23who is licensed under this subchapter.
SB570,7,3
1448.973 Duties and powers of affiliated credentialing board. (1) The
2affiliated credentialling board shall promulgate rules that establish each of the
3following:
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(a) Standards of practice for and a code of ethics governing the professional
5conduct of genetic counselors.
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(b) Criteria for the approval of continuing education programs and courses
7required for renewal of a genetic counselor license.
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(c) Requirements for an applicant seeking renewal of a genetic counselor
9license, including that an applicant do all of the following:
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1. Successfully complete the minimum number of hours of continuing
11education.
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2. Maintain certification from and, if applicable, achieve recertification
13through the American Board of Genetic Counseling.
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3. Demonstrate continued competence in genetic counseling.
SB570,7,16
15(2) The affiliated credentialing board may promulgate rules that define the
16scope of practice of genetic counseling.
SB570,7,19
17448.974 Licensure of genetic counselors. (1) Except as provided in sub.
18(2), the affiliated credentialing board shall grant a license as a genetic counselor to
19a person who does all of the following:
SB570,7,2120
(a) Submits an application for the license to the department on a form provided
21by the department.
SB570,7,2222
(b) Pays the fee specified in s. 440.05 (1).
SB570,7,2523
(c) Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory
24to the affiliated credentialing board that the applicant does not have an arrest or a
25conviction record.
SB570,8,2
1(d) Submits evidence satisfactory to the affiliated credentialing board that he
2or she has done all of the following:
SB570,8,63
1. Successfully completed the academic and clinical requirements of and
4developed the practice-based competencies required by a degree-granting program
5in genetic counseling approved by the affiliated credentialing board and accredited
6by the American Board of Genetic Counseling.
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2. Passed an examination administered by the American Board of Genetic
8Counseling or the genetic counseling examination administered by the American
9Board of Medical Genetics.
SB570,8,1110
3. Obtained certification, maintained valid certification, and, if applicable,
11achieved recertification with the American Board of Genetic Counseling.
SB570,8,1512
(e) If the person was educated in a degree-granting program in genetic
13counseling that is not in the United States, the person satisfies any additional
14requirements for demonstrating competence to practice genetic counseling that the
15affiliated credentialing board may establish by rule.
SB570,8,22
16(2) The affiliated credentialing board may waive the requirements of sub. (1)
17(d) if a person holds an unexpired genetic counselor license issued by another state
18or territory or foreign country or province and the requirements for licensure and for
19renewal of a genetic counselor license of such other state or territory or foreign
20country or province are deemed by the affiliated credentialing board to be
21substantially equivalent to the requirements for licensure and for renewal of a
22genetic counselor license of this state.
SB570,9,17
23448.975 Temporary license. The affiliated credentialing board may, by rule,
24provide for a temporary license to practice genetic counseling for a person who
25satisfies the requirements of s. 448.974 and who has applied for active candidate
1status with the American Board of Genetic Counseling but who has not passed an
2examination under s. 448.974 (1) (d) 2. The board may issue a temporary license
3which shall expire 60 days after the next examination for licensure is given by the
4American Board of Genetic Counseling or on the date following the examination on
5which the American Board of Genetic Counseling reports the results of the
6examination, whichever occurs first; but the temporary license shall automatically
7expire on the first day the American Board of Genetic Counseling begins its
8examination of applicants after the board has granted the temporary license, unless
9its holder submits to examination on such date. The board may, in its discretion and
10only once, renew a temporary license issued to a person under this section. The board
11may require an applicant for the renewal of a temporary license to appear before a
12member of the board for an interview. A person who holds a temporary license may
13not practice genetic counseling unless the person is under the supervision and
14direction of a genetic counselor at all times while the person is practicing genetic
15counseling. The affiliated credentialing board may promulgate rules governing
16general supervision of a person holding a temporary license under this section by a
17genetic counselor.
SB570,9,20
18448.976 Issuance of license; expiration and renewal. (1) The department
19shall issue a certificate of licensure to each person who is licensed under this
20subchapter.
SB570,9,25
21(2) The renewal dates for licenses granted under this subchapter are specified
22under s. 440.08 (2) (a). Renewal applications shall be submitted to the department
23on a form provided by the department, and shall include the renewal fee specified in
24s. 440.08 (2) (a) and proof of compliance with the requirements established by rules
25promulgated by the affiliated credentialing board pursuant to s. 448.973 (1) (c).
SB570,10,4
1448.977 Disciplinary proceedings and actions. (1) Subject to the rules
2promulgated under s. 440.03 (1), the affiliated credentialing board may make
3investigations and conduct hearings to determine whether a violation of this
4subchapter or any rule promulgated under this subchapter has occurred.
SB570,10,8
5(2) Subject to the rules promulgated under s. 440.03 (1), the affiliated
6credentialing board may reprimand a genetic counselor or may deny, limit, suspend,
7or revoke a license granted under this subchapter if it finds that the applicant or
8genetic counselor has done any of the following:
SB570,10,109
(a) Made a material misstatement in an application for a license or for renewal
10of a license.
SB570,10,1211
(b) Interfered with an investigation or disciplinary proceeding by using threats,
12harassment, or intentional misrepresentation of facts.
SB570,10,1413
(c) Subject to ss. 111.321, 111.322, and 111.335, been convicted of an offense the
14circumstances of which substantially relate to the practice of genetic counseling.
SB570,10,1515
(d) Been adjudicated mentally incompetent by a court.
