SB634, s. 10
25Section
10. 440.08 (2) (a) 37m. of the statutes is created to read:
SB634,5,2
1440.08
(2) (a) 37m. Genetic counselor: November 1 of each odd-numbered year;
2$106.
SB634, s. 11
3Section
11. Subchapter VIII of chapter 448 [precedes 448.970] of the statutes
4is created to read:
SB634,5,66
subchapter VIII
SB634,5,87
genetic counselors affiliated
8
credentialing board
SB634,5,9
9448.970 Definitions. In this subchapter:
SB634,5,11
10(1) "Affiliated credentialing board" means the genetic counselors affiliated
11credentialing board.
SB634,5,13
12(2) "American Board of Genetic Counseling" includes a successor organization
13as determined by the affiliated credentialing board.
SB634,5,19
14(3) "Genetic counseling" means the interpretation, analysis, integration, and
15delivery of any of the following to individuals and families to provide guidance about
16the medical, psychological, and familial implications of genetic contributions to
17disease; to assess the mode of inheritance and chance of occurrence or recurrence of
18conditions with a genetic component; or to promote informed choices and adaptations
19to a risk or condition:
SB634,5,2020
(a) Individual and family medical histories.
SB634,5,2221
(b) Education and information about inheritance, genetic testing,
22management, prevention, resources, and research.
SB634,5,2323
(c) Social and psychological support.
SB634,5,25
24(4) "Genetic counselor" means an individual who is licensed by the affiliated
25credentialing board to practice genetic counseling.
SB634,6,2
1448.971 License required. (1) Except as provided in s. 448.972, no person
2may practice genetic counseling unless the person is licensed under this subchapter.
SB634,6,9
3(2) No person may designate himself or herself as a genetic counselor or use
4or assume the title "genetic associate," "genetic counselor," "licensed genetic
5counselor," or "registered genetic counselor," or append to the person's name the
6letters "G.A.," "G.C.," "L.G.C.," or "R.G.C.," or use any insignia or designation that
7would imply that the individual is licensed or certified or registered as a genetic
8counselor, or claim to render genetic counseling services unless the person is licensed
9under this subchapter.
SB634,6,11
10448.972 Applicability. (1) A license is not required under this subchapter
11for any of the following if the person does not claim to be a genetic counselor:
SB634,6,1312
(a) Any person lawfully practicing within the scope of a license, permit,
13registration, or certification granted by this state or the federal government.
SB634,6,1514
(b) Any person assisting a genetic counselor in practice under the direct,
15on-premises supervision of the genetic counselor.
SB634,6,1816
(c) A student of genetic counseling assisting a genetic counselor in the practice
17of genetic counseling if the assistance is within the scope of the student's education
18or training.
SB634,6,2519
(d) A person who is licensed to practice genetic counseling in another state or
20country and who is providing consulting services in this state on a temporary basis,
21as determined by the affiliated credentialing board by rule, if the person notifies the
22affiliated credentialing board that he or she will be providing consulting services and
23of the nature and date of those services and receives authorization from the affiliated
24credentialing board to provide consulting services on a temporary basis under this
25paragraph.
SB634,7,4
1(e) A person who is not licensed to practice genetic counseling in another state
2or country and who is providing consulting services in this state on a temporary
3basis, as determined by the affiliated credentialing board by rule, if the person
4satisfies all of the following:
SB634,7,65
1. The person is certified by the American Board of Genetic Counseling or the
6American Board of Medical Genetics.
SB634,7,87
2. The person notifies the affiliated credentialing board that he or she will be
8providing consulting services and of the nature and date of those services.
SB634,7,109
3. The person receives authorization from the affiliated credentialing board to
10provide consulting services on a temporary basis under this paragraph.
SB634,7,13
11448.973 Duties and powers of affiliated credentialing board. (1) The
12affiliated credentialing board shall promulgate rules that establish each of the
13following:
SB634,7,1514
(a) Standards of practice for and a code of ethics governing the professional
15conduct of genetic counselors.
SB634,7,1716
(b) Criteria for the approval of continuing education programs and courses
17required for renewal of a genetic counselor license.
SB634,7,1918
(c) Requirements for an applicant seeking renewal of a genetic counselor
19license, including that an applicant do all of the following:
SB634,7,2120
1. Successfully complete the minimum number of hours of continuing
21education.
SB634,7,2322
2. Maintain certification from and, if applicable, achieve recertification
23through the American Board of Genetic Counseling.
SB634,7,2424
(d) The definition of "temporary basis" for purposes of s. 448.972 (1) (d) and (e).
SB634,8,2
1(2) The affiliated credentialing board may promulgate rules that define the
2scope of practice of genetic counseling.
SB634,8,5
3448.974 Licensure of genetic counselors. (1) Except as provided in sub.
4(2), the affiliated credentialing board shall grant a license as a genetic counselor to
5a person who does all of the following:
SB634,8,76
(a) Submits an application for the license to the department on a form provided
7by the department.
SB634,8,88
(b) Pays the fee specified in s. 440.05 (1).
SB634,8,119
(c) Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory
10to the affiliated credentialing board that the applicant does not have an arrest or a
11conviction record.
SB634,8,1312
(d) Submits evidence satisfactory to the affiliated credentialing board that he
13or she has done all of the following:
SB634,8,1814
1. Successfully completed the academic and clinical requirements of and
15developed the practice-based competencies required by a degree-granting program
16in genetic counseling approved by the affiliated credentialing board and accredited
17by the American Board of Genetic Counseling or the American Board of Medical
18Genetics.
SB634,8,2119
2. Passed an examination administered by the American Board of Genetic
20Counseling or the genetic counseling examination administered by the American
21Board of Medical Genetics.
SB634,8,2322
3. Obtained certification, maintained valid certification, and, if applicable,
23achieved recertification with the American Board of Genetic Counseling.
SB634,9,224
(e) If the person was educated in a degree-granting program in genetic
25counseling that is not in the United States, the person satisfies any additional
1requirements for demonstrating competence to practice genetic counseling that the
2affiliated credentialing board may establish by rule.
SB634,9,9
3(2) The affiliated credentialing board may waive the requirements of sub. (1)
4(d) if a person holds an unexpired genetic counselor license issued by another state
5or territory or foreign country or province and the requirements for licensure and for
6renewal of a genetic counselor license of such other state or territory or foreign
7country or province are deemed by the affiliated credentialing board to be
8substantially equivalent to the requirements for licensure and for renewal of a
9genetic counselor license of this state.
SB634,9,13
10448.975 Temporary license. (1) The affiliated credentialing board may, by
11rule, provide for a temporary license to practice genetic counseling for a person who
12satisfies the requirements of s. 448.974 but who has not successfully completed the
13examination required under s. 448.974 (1) (d) 2.
SB634,9,16
14(2) A temporary license issued under this section shall expire on whichever of
15the following dates and circumstances apply to the person who obtains the
16temporary license under this section:
SB634,9,2017
(a) If, after the person obtains a temporary license under this section, the
18American Board of Genetic Counseling administers the examination required under
19s. 448.974 (1) (d) 2. and the person does not take the examination, the date on which
20the examination is administered.
SB634,9,2421
(b) If, after the person obtains a temporary license under this section, the
22American Board of Genetic Counseling administers the examination required under
23s. 448.974 (1) (d) 2. and the person does take the examination, 30 days after the
24results of the examination are issued by the American Board of Genetic Counseling.
SB634,10,5
1(3) The board may, in its discretion and only once, renew a temporary license
2issued to a person under this section if the person maintains active candidate status
3with the American Board of Genetic Counseling. The board may require an applicant
4for the renewal of a temporary license to appear before a member of the board for an
5interview.
SB634,10,11
6(4) A person who holds a temporary license issued under this section may not
7practice genetic counseling unless the person is under the supervision and direction
8of a genetic counselor at all times while the person is practicing genetic counseling.
9The affiliated credentialing board may promulgate rules governing general
10supervision of a person holding a temporary license under this section by a genetic
11counselor.
SB634,10,14
12448.976 Issuance of license; expiration and renewal. (1) The department
13shall issue a certificate of licensure to each person who is licensed under this
14subchapter.
SB634,10,19
15(2) The renewal dates for licenses granted under this subchapter are specified
16under s. 440.08 (2) (a). Renewal applications shall be submitted to the department
17on a form provided by the department, and shall include the renewal fee specified in
18s. 440.08 (2) (a) and proof of compliance with the requirements established by rules
19promulgated by the affiliated credentialing board pursuant to s. 448.973 (1) (c).
SB634,10,23
20448.977 Disciplinary proceedings and actions. (1) Subject to the rules
21promulgated under s. 440.03 (1), the affiliated credentialing board may make
22investigations and conduct hearings to determine whether a violation of this
23subchapter or any rule promulgated under this subchapter has occurred.
SB634,11,2
24(2) Subject to the rules promulgated under s. 440.03 (1), the affiliated
25credentialing board may reprimand a genetic counselor or may deny, limit, suspend,
1or revoke a license granted under this subchapter if it finds that the applicant or
2genetic counselor has done any of the following:
SB634,11,43
(a) Made a material misstatement in an application for a license or for renewal
4of a license.
SB634,11,65
(b) Interfered with an investigation or disciplinary proceeding by using threats,
6harassment, or intentional misrepresentation of facts.
SB634,11,87
(c) Subject to ss. 111.321, 111.322, and 111.335, been convicted of an offense the
8circumstances of which substantially relate to the practice of genetic counseling.
SB634,11,99
(d) Been adjudicated mentally incompetent by a court.
SB634,11,1010
(e) Advertised in a manner that is false, deceptive, or misleading.
SB634,11,1111
(f) Advertised, practiced, or attempted to practice under another's name.
SB634,11,1412
(g) Subject to ss. 111.321, 111.322, and 111.34, practiced or assisted in the
13practice of genetic counseling while the applicant's or licensee's ability to practice or
14assist was impaired by alcohol or other drugs.
SB634,11,1615
(h) Engaged in unprofessional or unethical conduct in violation of the code of
16ethics established in the rules promulgated under s. 448.973 (1) (a).
SB634,11,1817
(i) Engaged in conduct while practicing genetic counseling that evidences a lack
18of knowledge or ability to apply professional principles or skills.
SB634,11,1919
(j) Violated this subchapter or any rule promulgated under this subchapter.
SB634,11,23
20(3) The affiliated credentialing board shall revoke the license of a genetic
21counselor who has failed to maintain certification with the American Board of
22Genetic Counseling or whose certification with the American Board of Genetic
23Counseling has been revoked.
SB634,12,3
24(4) (a) A genetic counselor may voluntarily surrender his or her license to the
25affiliated credentialing board, which may refuse to accept the surrender if the
1affiliated credentialing board has received allegations of unprofessional conduct
2against the genetic counselor. The affiliated credentialing board may negotiate
3stipulations in consideration for accepting the surrender of licenses.
SB634,12,64
(b) The affiliated credentialing board may restore a license that has been
5voluntarily surrendered under par. (a) on such terms and conditions as it considers
6appropriate.
SB634,12,9
7(5) The affiliated credentialing board shall prepare and disseminate to the
8public an annual report that describes final disciplinary action taken against genetic
9counselors during the preceding year.
SB634,12,12
10(6) The affiliated credentialing board may report final disciplinary action
11taken against a genetic counselor to any national database that includes information
12about disciplinary action taken against health care professionals.
SB634,12,18
13448.978 Injunctive relief. If the affiliated credentialing board has reason to
14believe that any person is violating this subchapter or any rule promulgated under
15this subchapter, the affiliated credentialing board, the department, the attorney
16general, or the district attorney of the proper county may investigate and may, in
17addition to any other remedies, bring an action in the name and on behalf of this state
18to enjoin the person from the violation.
SB634,12,21
19448.979 Penalties. Any person who violates this subchapter or any rule
20promulgated under this subchapter may be fined not more than $10,000 or
21imprisoned for not more than 9 months or both.
SB634, s. 12
22Section
12. 448.970 of the statutes is renumbered 448.9695.
SB634, s. 13
23Section
13. 450.10 (3) (a) 5. of the statutes is amended to read:
SB634,13,3
1450.10
(3) (a) 5. A physician, physician assistant, podiatrist, physical
2therapist, physical therapist assistant, occupational therapist,
or occupational
3therapy assistant
, or genetic counselor licensed under ch. 448.
SB634,13,85
(1)
Initial appointments. Notwithstanding the lengths of the terms specified
6in section 15.406 (6) (intro.) of the statutes, as created by this act, the initial members
7of the genetic counselors affiliated credentialing board shall be initially appointed
8for the following terms:
SB634,13,119
(a) One genetic counselor and one person licensed to practice medicine and
10surgery under subchapter II of chapter 448 of the statutes who is a clinical geneticist,
11for terms expiring on July 1, 2010.
SB634,13,1412
(b) One genetic counselor and one person licensed to practice medicine and
13surgery under subchapter II of chapter 448 of the statutes, for terms expiring on July
141, 2011.
SB634,13,1615
(c) Two genetic counselors and one public member, for terms expiring on July
161, 2012.
SB634,13,2517
(2)
Qualifications of initial members of the genetic counselors affiliated
18credentialing board. Notwithstanding section 15.406 (6) of the statutes, as created
19by this act, an initial member of the genetic counselors affiliated credentialing board
20appointed under section 15.406 (6) of the statutes is not required to be a licensed
21genetic counselor under section 448.974 of the statutes, as created by this act, if the
22appointment occurs before the effective date of this subsection and at the time of the
23appointment the individual holds a valid certification issued by the American Board
24of Genetic Counseling as defined in section 448.970 (2) of the statutes, as created by
25this act.
SB634,14,1
1(3)
Rule making.
SB634,14,62
(a) The genetic counselors affiliated credentialing board shall submit in
3proposed form the rules required under section 448.973 of the statutes, as created
4by this act, to the legislative council staff under section 227.15 (1) of the statutes no
5later than the first day of the 8th month beginning after the effective date of this
6paragraph.
SB634,14,167
(b) Using the procedure under section 227.24 of the statutes, the genetic
8counselors affiliated credentialing board may promulgate rules required under
9section 448.973 of the statutes, as created by this act, for the period before the
10effective date of the rules submitted under paragraph (a
), but not to exceed the period
11authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding
12section 227.24 (1) (a), (2) (b), and (3) of the statutes, the genetic counselors affiliated
13credentialing board is not required to provide evidence that promulgating a rule
14under this paragraph as an emergency rule is necessary for the preservation of the
15public peace, health, safety, or welfare and is not required to provide a finding of
16emergency for a rule promulgated under this paragraph.
SB634, s. 15
17Section
15.
Effective dates. This act takes effect on the first day of the 13th
18month beginning after publication except as follows:
SB634,14,2019
(1) The treatment of sections 15.085 (1m) (b) and 15.406 (6) of the statutes and
20Section 14 of this act take effect on the day after publication.
