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

                                  5766

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 19, 2009
                               ___________

Introduced  by  M.  of  A.  SWEENEY,  DESTITO,  CAHILL, FIELDS, MILLMAN,
  PAULIN, GALEF, LUPARDO, BING, ALFANO, CLARK -- Multi-Sponsored  by  --
  M.  of  A.  BARRA,  BENEDETTO, CHRISTENSEN, DINOWITZ, GUNTHER, HOOPER,
  JOHN, LATIMER, MARKEY, MAYERSOHN, PHEFFER, WEISENBERG -- read once and
  referred 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.

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

A. 5766                             2

  S 7052. THE PRACTICE OF GENETIC COUNSELING. 1. THE "PRACTICE OF GENET-
IC COUNSELING" SHALL MEAN THE COMMUNICATION TO AND EDUCATION OF CLIENTS,
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.

A. 5766                             3

  2.  THE COMMITTEE SHALL CONSIST OF NINE INDIVIDUALS, TO BE COMPOSED OF
THE FOLLOWING:
  (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.

A. 5766                             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.