S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2757

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 2, 2009
                               ___________

Introduced  by  Sens.  LAVALLE, FUSCHILLO, LARKIN, MORAHAN -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Higher Education

AN ACT to amend the education law, in relation to licensing  of  genetic
  counselors

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The education law is amended by adding a new  article  142
to read as follows:
                               ARTICLE 142
                           GENETIC COUNSELING
SECTION 7050. INTRODUCTION.
        7051. DEFINITIONS.
        7052. THE PRACTICE OF GENETIC COUNSELING.
        7053. STATE COMMITTEE FOR GENETIC COUNSELING.
        7054. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
        7055. EXEMPT PERSONS.
        7056. LIMITED PERMITS.
  S 7050. INTRODUCTION. THIS ARTICLE APPLIES TO THE LICENSING OF GENETIC
COUNSELORS.  THE  GENERAL  PROVISIONS  FOR  ALL PROFESSIONS CONTAINED IN
ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
  S 7051. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. THE TERM "GENETIC COUNSELOR" SHALL MEAN A HEALTH  PROFESSIONAL  WHO
IS  ACADEMICALLY  AND  CLINICALLY PREPARED TO PROVIDE GENETIC COUNSELING
SERVICES TO INDIVIDUALS  AND  FAMILIES  SEEKING  INFORMATION  ABOUT  THE
OCCURRENCE, RISK OF OCCURRENCE OR RECURRENCE, OF A GENETIC OR HEREDITARY
CONDITION OR BIRTH DEFECT.
  2.  THE TERM "LICENSED GENETIC COUNSELOR" SHALL MEAN A GENETIC COUNSE-
LOR LICENSED PURSUANT TO THIS ARTICLE.
  S 7052. THE PRACTICE OF GENETIC COUNSELING. 1. THE "PRACTICE OF GENET-
IC COUNSELING" SHALL MEAN THE COMMUNICATION TO AND EDUCATION OF CLIENTS,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02805-01-9
              

S. 2757                             2

THEIR FAMILIES, OTHER HEALTHCARE PROFESSIONALS AND  THE  GENERAL  PUBLIC
WITH  REGARDS  TO GENETIC TESTING, INDIVIDUAL FAMILY HISTORIES, OR OTHER
GENETIC, MEDICAL, AND TECHNICAL INFORMATION ASSOCIATED WITH  THE  OCCUR-
RENCE,  RISK  OF  OCCURRENCE  OR  RECURRENCE, OF A GENETIC OR HEREDITARY
CONDITION OR BIRTH DEFECT IN A  COMPREHENSIVE,  UNDERSTANDABLE,  ETHICAL
MANNER.  A  PRACTITIONER  OF  GENETIC  COUNSELING  SHALL SEEK TO PROMOTE
DECISION-MAKING IN AN UNBIASED NON-COERCIVE MANNER  WHICH  RESPECTS  THE
INDIVIDUAL'S  CULTURE, LANGUAGE, TRADITION, LIFESTYLE, RELIGION, BELIEFS
AND VALUES.  GENETIC COUNSELING SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,
THE FOLLOWING:
  (A) ELICITING INDIVIDUAL AND FAMILY MEDICAL, DEVELOPMENTAL, AND REPRO-
DUCTIVE HISTORIES;
  (B)  DETERMINING  THE LIKELY COURSE OR MODE OF INHERITANCE AND RISK OF
OCCURRENCE OR RECURRENCE OF A GENETIC OR HEREDITARY CONDITION  OR  BIRTH
DEFECT;
  (C)  EXPLAINING  THE  RESULTS  OF  GENETIC  TESTS AND INTERPRETING AND
EXPLAINING OTHER DIAGNOSTIC STUDIES;
  (D) IDENTIFYING EMOTIONAL, SOCIAL, EDUCATIONAL,  AND  CULTURAL  ISSUES
RELATED SOLELY TO GENETIC TESTING AND INFORMATION;
  (E)  FACILITATING  INFORMED  DECISION-MAKING ABOUT GENETIC TESTING AND
CONVEYING THE RESULTS OF GENETIC TESTS WITH FAMILY MEMBERS;
  (F) COMMUNICATING DETAILED GENETIC INFORMATION  TO  DIVERSE  AUDIENCES
CLEARLY  AND CONCISELY WHILE BRIDGING CULTURAL, SOCIOECONOMIC AND EDUCA-
TIONAL DIFFERENCES; AND
  (G) IDENTIFYING AND FACILITATING  ACCESS  TO  RESOURCES  THAT  PROVIDE
COMMUNITY  OUTREACH,  EDUCATIONAL,  FINANCIAL,  MEDICAL AND PSYCHOSOCIAL
SUPPORT, AND ADVOCACY.
  2.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AUTHORIZE A LICENSED
GENETIC COUNSELOR TO DIAGNOSE OR TREAT ANY GENETIC DISEASE OR CONDITION.
LICENSED GENETIC COUNSELORS ARE REQUIRED TO ENSURE  THAT  PATIENT/CLIENT
CONFIDENTIALITY  AND  INFORMED  CONSENT  ARE  MAINTAINED CONSISTENT WITH
EXISTING FEDERAL AND STATE LAW.
  3. PRACTICE OF GENETIC COUNSELING, AND  USE  OF  THE  TITLES  "GENETIC
COUNSELOR"  AND  "LICENSED GENETIC COUNSELOR" AND THE USE OF THE LETTERS
"L.G.C." AFTER  THE  NAME  SHALL  BE  RESERVED  EXCLUSIVELY  TO  PERSONS
LICENSED  PURSUANT  TO  THIS ARTICLE.   ONLY A PERSON LICENSED OR EXEMPT
UNDER THIS ARTICLE SHALL PRACTICE GENETIC COUNSELING OR  USE  THE  TITLE
"GENETIC COUNSELOR". ONLY A PERSON LICENSED UNDER THIS ARTICLE SHALL USE
THE  TITLE "LICENSED GENETIC COUNSELOR" OR ANY OTHER DESIGNATION TENDING
TO IMPLY THAT A PERSON IS LICENSED TO PRACTICE GENETIC COUNSELING.
  S 7053.  STATE COMMITTEE FOR GENETIC COUNSELING. 1. A STATE  COMMITTEE
FOR  GENETIC  COUNSELING SHALL BE APPOINTED BY THE BOARD OF REGENTS UPON
THE RECOMMENDATION OF THE COMMISSIONER AND SHALL ASSIST  ON  MATTERS  OF
LICENSURE AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE
HUNDRED  EIGHT  OF THIS TITLE. NOTWITHSTANDING THE PROVISIONS OF SECTION
SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE, THE COMMITTEE SHALL  ASSIST  THE
BOARD FOR MEDICINE SOLELY IN GENETIC COUNSELING MATTERS.  MEMBERS OF THE
FIRST  COMMITTEE NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO SUCH
COMMITTEE. THE TERMS OF THE FIRST APPOINTED MEMBERS SHALL  BE  STAGGERED
SO  THAT  THREE  MEMBERS ARE APPOINTED FOR THREE YEARS, FOUR MEMBERS ARE
APPOINTED FOR FOUR YEARS AND TWO MEMBERS ARE APPOINTED FOR  FIVE  YEARS.
AN  EXECUTIVE SECRETARY TO THE COMMITTEE SHALL BE APPOINTED BY THE BOARD
OF REGENTS ON THE RECOMMENDATIONS OF THE COMMISSIONER.
  2. THE COMMITTEE SHALL CONSIST OF NINE INDIVIDUALS, TO BE COMPOSED  OF
THE FOLLOWING:

S. 2757                             3

  (A) SIX LICENSED GENETIC COUNSELORS WITH A MINIMUM OF FIVE YEARS EXPE-
RIENCE,  INCLUDING AT LEAST THREE YEARS OF FIELD EXPERIENCE WORKING WITH
PATIENTS OR THE GENERAL PUBLIC IN THE FIELD OF GENETIC COUNSELING;
  (B) ONE LICENSED PHYSICIAN;
  (C) ONE LICENSED PSYCHIATRIST; AND
  (D) A REPRESENTATIVE OF THE PUBLIC AT LARGE.
  3. BOARD MEMBERS SHALL BE APPOINTED FOR TERMS OF FIVE YEARS. VACANCIES
SHORT  OF  A FULL TERM SHALL BE FILLED TO COMPLETE THE TIME REMAINING IN
THE TERM OF THE MEMBER VACATING.
  S 7054. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
LICENSE  AS  A  "LICENSED GENETIC COUNSELOR", AN APPLICANT SHALL FULFILL
THE FOLLOWING REQUIREMENTS:
  1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  2. EDUCATION: HAVE RECEIVED A MASTER'S OR DOCTORAL DEGREE  IN  GENETIC
COUNSELING FROM A PROGRAM REGISTERED BY THE DEPARTMENT, OR DETERMINED BY
THE  DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT, IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS.  APPROPRIATE COURSEWORK SHALL BE  DETERMINED
IN  ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS ON RECOMMENDATIONS OF
THE STATE COMMITTEE FOR GENETIC COUNSELING.
  3. EXPERIENCE: HAVE GENETIC COUNSELING EXPERIENCE SATISFACTORY TO  THE
DEPARTMENT  AS  DEFINED  IN  SECTION  SEVEN THOUSAND FIFTY-THREE OF THIS
ARTICLE AND IN ACCORDANCE WITH THE  COMMISSIONER'S  REGULATIONS.    SUCH
EXPERIENCE  SHALL  INCLUDE, BUT NOT BE LIMITED TO REQUIRED DOCUMENTATION
OF SUPERVISED CASE-WORK AND OTHER EDUCATIONAL EXPERIENCES DEEMED ACCEPT-
ABLE TO THE DEPARTMENT.
  4. EXAMINATION: PASS AN EXAMINATION FOR  CERTIFICATION  IN  ACCORDANCE
WITH THE COMMISSIONER'S REGULATIONS, IN GENETIC COUNSELING AND/OR GENER-
AL GENETICS;
  5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  6.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT;
  7. FEES: PAY A FEE OF THREE HUNDRED DOLLARS TO THE DEPARTMENT  FOR  AN
INITIAL LICENSE AND TWO HUNDRED DOLLARS FOR EACH SUBSEQUENT RE-REGISTRA-
TION OF A LICENSE; AND
  8.  CONTINUING  EDUCATION:    AT  THE TIME OF RE-REGISTRATION WITH THE
DEPARTMENT, EACH APPLICANT SHALL PRESENT SATISFACTORY  DOCUMENTATION  TO
THE  STATE COMMITTEE FOR GENETIC COUNSELING THAT SINCE LAST REGISTRATION
THEY ATTENDED THE EDUCATION PROGRAMS CONDUCTED BY THE AMERICAN BOARD  OF
GENETIC  COUNSELING  OR  THE EQUIVALENT OF SUCH EDUCATIONAL PROGRAMS  AS
APPROVED BY THE STATE COMMITTEE FOR  GENETIC  COUNSELING  IN  ACCORDANCE
WITH  THE  COMMISSIONER'S REGULATIONS.  THE DEPARTMENT SHALL TRIENNIALLY
RE-REGISTER A LICENSE UPON RECEIPT  OF  A  RE-REGISTRATION  APPLICATION.
THE  DEPARTMENT  IS  AUTHORIZED  AND  DIRECTED, IN CONSULTATION WITH THE
STATE COMMITTEE ESTABLISHED  IN SECTION SEVEN  THOUSAND  FIFTY-THREE  OF
THIS  ARTICLE, TO ESTABLISH CRITERIA AS A  CONDITION OF LICENSURE RE-RE-
GISTRATION FOR  CONTINUING EDUCATION OF  GENETIC  COUNSELORS  INCLUDING,
BUT  NOT LIMITED TO THE NUMBER OF HOURS AND/OR EDUCATION UNITS NECESSARY
TO COMPLETE CONTINUING EDUCATION REQUIREMENTS.
  S 7055. EXEMPT PERSONS. THIS ARTICLE DOES NOT PROHIBIT THE PRACTICE OF
GENETIC COUNSELING BY LICENSED  PHYSICIANS  OR  OTHER  LICENSED  PROFES-
SIONALS  PURSUANT  TO  TITLE EIGHT OF THIS CHAPTER TO OPERATE WITHIN THE
SCOPE OF THEIR PROFESSION'S LICENSE.  SUCH EXEMPT PERSONS ARE PROHIBITED
FROM USING THE TITLE "LICENSED GENETIC COUNSELOR"  AS  PROVIDED  FOR  IN
THIS ARTICLE.

S. 2757                             4

  S  7056.  LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE
AND DURATION SHALL BE ISSUED BY THE DEPARTMENT TO  ELIGIBLE  APPLICANTS,
AS FOLLOWS:
  1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
ALL  QUALIFICATIONS  FOR  LICENSURE  AS  A GENETIC COUNSELOR, EXCEPT THE
EXAMINATION AND/OR EXPERIENCE REQUIREMENTS,  IN  ACCORDANCE  WITH  REGU-
LATIONS PROMULGATED BY THE DEPARTMENT.
  2. THE DEPARTMENT MAY ISSUE LIMITED PERMITS TO FOREIGN TRAINED GENETIC
COUNSELORS THAT APPLY IF THEY MEET THE REQUIREMENTS FOR LICENSURE PURSU-
ANT TO SECTION SEVEN THOUSAND FIFTY-FOUR OF THIS ARTICLE.
  3.  LIMITED  PERMITS  SHALL  BE  FOR  ONE YEAR. LIMITED PERMITS MAY BE
RE-REGISTERED, AT THE DISCRETION OF THE DEPARTMENT, FOR  ONE  ADDITIONAL
YEAR.
  4. AN INDIVIDUAL WITH A LIMITED PERMIT SHALL BE AUTHORIZED TO PRACTICE
GENETIC  COUNSELING  ONLY  UNDER  THE  SUPERVISION OF A LICENSED GENETIC
COUNSELOR, OR LICENSED PHYSICIAN. SUPERVISION SHALL MEAN THE  REVIEW  OF
GENETIC  COUNSELING  AS  PROVIDED BY SECTION SEVEN THOUSAND FIFTY-TWO OF
THIS ARTICLE AND CASE MANAGEMENT AS  APPROPRIATE  THAT  INCLUDE  REGULAR
CHART REVIEWS OF CLIENTS WITH THE LIMITED PERMITTEE AND THE SUPERVISOR.
  5.  THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RE-REGISTRATION SHALL
BE TWO HUNDRED DOLLARS.
  S 2. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid  and  after  exhaustion  of all further judicial review, the
judgment shall not affect, impair or invalidate the  remainder  thereof,
but  shall  be  confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the  controversy
in which the judgment shall have been rendered.
  S  3.  This act shall take effect immediately; provided, however, that
within two years of the effective date of this act, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized and directed  to
be  made  and  completed  on  or  before  such effective date; provided,
further, that with respect to those persons who are licensed under arti-
cle one hundred forty-two of the education law on or before the trienni-
al registration period next succeeding the effective date of  this  act,
the  continuing education requirements set forth in this act need not be
completed until after the second triennial registration period.