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

    S. 2904                                                  A. 3350

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 24, 2013
                               ___________

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

IN ASSEMBLY -- Introduced by M. of A. SWEENEY, MILLMAN, PAULIN, GALEF --
  Multi-Sponsored  by  -- M. of A.  DINOWITZ, HOOPER, MARKEY, 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04709-01-3
              

S. 2904                             2                            A. 3350

  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,
THEIR  FAMILIES,  OTHER HEALTH CARE 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.

S. 2904                             3                            A. 3350

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:
  (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

S. 2904                             4                            A. 3350

FROM USING THE TITLE "LICENSED GENETIC COUNSELOR"  AS  PROVIDED  FOR  IN
THIS ARTICLE.
  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 142 of the education law on or  before  the  triennial  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.

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

    S. 2904--A                                            A. 3350--A

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 24, 2013
                               ___________

IN  SENATE  --  Introduced  by  Sens.  LAVALLE, LARKIN -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Higher  Education  -- recommitted to the Committee on Higher Education
  in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

IN  ASSEMBLY  -- Introduced by M. of A. SWEENEY, MILLMAN, PAULIN, GALEF,
  ROSENTHAL -- Multi-Sponsored by -- M.  of A. DINOWITZ, HOOPER, MARKEY,
  WEISENBERG -- read once and referred to the Committee on Higher Educa-
  tion -- recommitted to the Committee on Higher Education in accordance
  with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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.
        7057. VISITING GENETIC COUNSELORS.
        7058. TELEHEALTH SERVICES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04709-02-4

              

S. 2904--A                          2                         A. 3350--A

  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 GENETIC/MEDICAL  CONDI-
TIONS AND DISEASES.
  2.  THE TERM "LICENSED GENETIC COUNSELOR" SHALL MEAN A GENETIC COUNSE-
LOR LICENSED PURSUANT TO THIS ARTICLE.
  3. THE TERM "CERTIFIED GENETIC COUNSELOR" SHALL MEAN A GENETIC COUNSE-
LOR WITH A MASTER'S  DEGREE  IN  GENETIC  COUNSELING  FROM  AN  AMERICAN
COLLEGE  OF GENETIC COUNSELING ACCREDITED PROGRAM AND WHO HAS PASSED THE
CERTIFICATION EXAMINATION OF THE AMERICAN BOARD OF GENETIC COUNSELORS.
  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 HEALTH CARE 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)  OBTAIN  AND EVALUATE INDIVIDUAL, FAMILY, AND MEDICAL HISTORIES TO
DETERMINE GENETIC RISK FOR GENETIC/MEDICAL CONDITIONS AND DISEASES IN  A
PATIENT, HIS OR HER OFFSPRING, AND OTHER FAMILY MEMBERS;
  (B) DISCUSS THE FEATURES, NATURAL HISTORY, MEANS OF DIAGNOSIS, GENETIC
AND  ENVIRONMENTAL  FACTORS,  AND MANAGEMENT OF RISK FOR GENETIC/MEDICAL
CONDITIONS AND DISEASES;
  (C) IDENTIFY AND COORDINATE GENETIC LABORATORY TESTS AND  OTHER  DIAG-
NOSTIC STUDIES AS APPROPRIATE FOR THE GENETIC ASSESSMENT;
  (D)  INTEGRATE  GENETIC  LABORATORY  TEST RESULTS AND OTHER DIAGNOSTIC
STUDIES WITH PERSONAL AND FAMILY MEDICAL HISTORY TO ASSESS AND  COMMUNI-
CATE RISK FACTORS FOR GENETIC/MEDICAL CONDITIONS AND DISEASES;
  (E)  EXPLAIN THE CLINICAL IMPLICATIONS OF GENETIC LABORATORY TESTS AND
OTHER DIAGNOSTIC STUDIES AND THEIR RESULTS;
  (F) EVALUATE THE CLIENT'S OR FAMILY'S RESPONSES TO  THE  CONDITION  OR
RISK  OF RECURRENCE AND PROVIDE CLIENT-CENTERED COUNSELING AND ANTICIPA-
TORY GUIDANCE;
  (G) IDENTIFY AND UTILIZE COMMUNITY  RESOURCES  THAT  PROVIDE  MEDICAL,
EDUCATIONAL, FINANCIAL, AND PSYCHOSOCIAL SUPPORT AND ADVOCACY; AND
  (H)  PROVIDE WRITTEN DOCUMENTATION OF MEDICAL, GENETIC, AND COUNSELING
INFORMATION FOR PATIENTS AND HEALTH  CARE  PROFESSIONALS  IN  ACCORDANCE
WITH MEDICAL STANDARDS AND PRIVACY LAWS.
  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

S. 2904--A                          3                         A. 3350--A

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  TWO  MEMBERS  ARE APPOINTED FOR THREE YEARS, THREE 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 SEVEN INDIVIDUALS, TO BE COMPOSED OF
THE FOLLOWING:
  (A) FIVE LICENSED GENETIC COUNSELORS WITH  A  MINIMUM  OF  FIVE  YEARS
EXPERIENCE,  INCLUDING  AT LEAST THREE YEARS OF FIELD EXPERIENCE WORKING
WITH PATIENTS OR THE GENERAL PUBLIC IN THE FIELD OF GENETIC COUNSELING;
  (B) ONE LICENSED MEDICAL GENETICIST; AND
  (C) 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 THE AMERICAN BOARD OF GENETIC COUNSELING (ABGC)
EXAMINATION FOR CERTIFICATION OR  HAVE  PASSED  A  PREVIOUS  EXAMINATION
ACCEPTED BY THE ABGC FOR CERTIFICATION;
  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

S. 2904--A                          4                         A. 3350--A

THEY ATTENDED THE EDUCATION PROGRAMS CONDUCTED BY THE  NATIONAL  SOCIETY
OF  GENETIC COUNSELORS IN CONCORDANCE WITH 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-REGIS-
TER  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-REGISTRA-
TION 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 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  7057.  VISITING  GENETIC COUNSELORS. VISITING CERTIFIED OR LICENSED
GENETIC COUNSELORS FROM OUTSIDE THE  STATE  PERFORMING  SERVICES  FOR  A
PERIOD  OF  LESS  THAN  FIFTEEN DAYS, ANNUALLY, SHALL BE EXEMPT FROM NEW
YORK STATE LICENSURE. VISITING GENETIC COUNSELORS MUST  BE  LICENSED  IN
THEIR  HOME  STATE  IF  LICENSURE  IS  AVAILABLE.  VISITING CERTIFIED OR
LICENSED GENETIC COUNSELORS, FROM OUTSIDE THE STATE, PERFORMING SERVICES
FOR A PERIOD OF FIFTEEN DAYS OR MORE, ANNUALLY, MUST APPLY FOR NEW  YORK
STATE  LICENSURE  WITHIN  SIXTY  DAYS  OF PROVIDING SERVICES IN NEW YORK
STATE. SUCH APPLICANTS MAY CONTINUE TO PROVIDE SERVICES UNTIL  NEW  YORK
STATE LICENSURE IS GRANTED OR DENIED.
  S  7058.  TELEHEALTH SERVICES. GENETIC COUNSELORS PROVIDING TELEHEALTH
SERVICES TO NEW YORK STATE RESIDENTS MUST HAVE OR  APPLY  FOR  NEW  YORK
STATE  LICENSURE.  AS  USED  IN THIS SECTION "TELEHEALTH SERVICES" SHALL
MEAN THE PROVISION OF GENETIC COUNSELING THROUGH THE USE OF SECURE TELE-
COMMUNICATIONS TECHNOLOGY.
  S 2. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to

S. 2904--A                          5                         A. 3350--A

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  142  of  the  education law on or before the triennial 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.