S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2275
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by M. of A. ROSENTHAL, McDONOUGH -- Multi-Sponsored by -- M.
   of A. CROUCH, LUPINACCI, SIMOTAS, SKARTADOS, STIRPE -- 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. PRACTICE OF  GENETIC  COUNSELING  AND  USE  OF  THE  TITLE
                 "GENETIC COUNSELOR".
         7052. STATE COMMITTEE FOR GENETIC COUNSELING.
         7053. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         7054. EXEMPT PERSONS.
         7055. LIMITED PERMITS.
         7056. SPECIAL PROVISION.
         7057. MANDATORY CONTINUING EDUCATION.
   § 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.
   § 7051. PRACTICE OF GENETIC COUNSELING AND USE OF THE  TITLE  "GENETIC
 COUNSELOR".  1.  THE  "PRACTICE  OF  GENETIC  COUNSELING" SHALL MEAN THE
 COMMUNICATION TO AND EDUCATION OF CLIENTS, THEIR FAMILIES, OTHER  HEALTH
 CARE  PROFESSIONALS  AND THE GENERAL PUBLIC WITH REGARD TO GENETIC TEST-
 ING, INDIVIDUAL FAMILY HISTORIES, OR OTHER GENETIC, MEDICAL, AND TECHNI-
 CAL INFORMATION ASSOCIATED WITH THE OCCURRENCE, RISK  OF  OCCURRENCE  OR
 RECURRENCE,  OF  A  GENETIC  OR HEREDITARY CONDITION OR BIRTH DEFECT.  A
 PRACTITIONER OF GENETIC COUNSELING SHALL SEEK TO PROMOTE DECISION-MAKING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05260-01-7

 A. 2275                             2
 
 FOR THEIR CLIENT WHICH RESPECTS THE CLIENT'S CULTURE,  LANGUAGE,  TRADI-
 TION, 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 TO A CLIENT THE CLINICAL IMPLICATIONS OF GENETIC LABORATO-
 RY 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  FOR THE CLIENT 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.
   2.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AUTHORIZE A LICENSED
 GENETIC COUNSELOR TO DIAGNOSE OR TREAT ANY GENETIC  DISEASE  OR  MEDICAL
 CONDITION, PRACTICE PSYCHOTHERAPY, OR PRACTICE ANY OTHER PROFESSION THAT
 IS LICENSED UNDER THIS TITLE.  THIS INCLUDES, BUT MAY NOT BE LIMITED TO,
 THE FOLLOWING:
   (A)  PRESCRIBE  OR ADMINISTER DRUGS AS DEFINED IN THIS CHAPTER OR AS A
 TREATMENT, THERAPY, OR PROFESSIONAL SERVICES IN THE PRACTICE OF  HIS  OR
 HER PROFESSION;
   (B)  USE  INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
 SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR  THE  PURPOSES  OF
 THIS  SUBDIVISION,  "INVASIVE  PROCEDURE"  MEANS  ANY PROCEDURE IN WHICH
 HUMAN TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL  OR
 OTHER MEANS. INVASIVE PROCEDURES SHALL INCLUDE SURGERY, LASERS, IONIZING
 RADIATION, THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY; OR
   (C)  PROVIDE  PSYCHOTHERAPY  AS  DEFINED IN SUBDIVISION TWO OF SECTION
 EIGHTY-FOUR HUNDRED ONE OF THIS TITLE.
   3. IF IN THE COURSE OF PROVIDING GENETIC COUNSELING TO ANY PATIENT,  A
 GENETIC  COUNSELOR FINDS ANY INDICATION OF DISEASE OR CONDITION THAT MAY
 REQUIRE MEDICAL ASSESSMENT,  THE  GENETIC  COUNSELOR  SHALL  REFER  THAT
 PATIENT  TO A LICENSED PHYSICIAN, OR AS APPROPRIATE, ANOTHER HEALTH CARE
 PROFESSIONAL LICENSED PURSUANT TO THIS TITLE.
   4. ONLY A PERSON LICENSED UNDER THIS ARTICLE  SHALL  PRACTICE  GENETIC
 COUNSELING.  ONLY  A  PERSON  LICENSED  UNDER THIS ARTICLE SHALL USE THE
 TITLE "LICENSED GENETIC COUNSELOR" AND USE THE  LETTERS  "L.G.C."  AFTER
 HIS OR HER NAME OR ANY WORDS OR LETTERS, ABBREVIATIONS OR INSIGNIA INDI-
 CATING OR IMPLYING THAT A PERSON IS LICENSED PURSUANT TO THIS ARTICLE.
   §  7052.  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

 A. 2275                             3
 
 BOARD FOR MEDICINE SOLELY IN GENETIC COUNSELING MATTERS.  MEMBERS OF THE
 FIRST COMMITTEE NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO  SUCH
 COMMITTEE.
   2. THE COMMITTEE SHALL CONSIST OF SEVEN INDIVIDUALS, TO BE COMPOSED OF
 THE FOLLOWING:
   (A) FIVE LICENSED GENETIC COUNSELORS,
   (B) ONE LICENSED PHYSICIAN, AND
   (C)  A  PUBLIC REPRESENTATIVE AS DEFINED IN PARAGRAPH B OF SUBDIVISION
 ONE OF SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE.
   3. COMMITTEE MEMBERS SHALL BE APPOINTED FOR TERMS OF FIVE YEARS.   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.
   §  7053.  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: EXPERIENCE ACCEPTABLE TO THE DEPARTMENT;
   4.  EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE COMMITTEE AND
 IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   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  TRIENNIAL
 RE-REGISTRATION OF A LICENSE.
   §  7054.  EXEMPT PERSONS.   SO LONG AS THE PERSON DOES NOT HOLD HIM OR
 HERSELF OUT TO THE PUBLIC AS A GENETIC COUNSELOR, THE PROVISIONS OF THIS
 ARTICLE SHALL NOT APPLY TO:
   1. A LICENSED HEALTH CARE PROFESSIONAL LICENSED UNDER THIS  TITLE  WHO
 IS PRACTICING WITHIN THE SCOPE OF PRACTICE AS DEFINED IN THIS TITLE;
   2. A STUDENT OR INTERN ENROLLED IN A MASTER'S OR HIGHER PROGRAM REGIS-
 TERED  OR  APPROVED  BY  THE  DEPARTMENT  WHERE THE STUDENT OR INTERN IS
 ENGAGED IN ACTIVITIES CONSTITUTING  THE  PRACTICE  OF  A  PROFESSION  AS
 DEFINED  IN  THIS  TITLE, WHOSE SCOPE OF PRACTICE INCLUDES GENETIC COUN-
 SELING; PROVIDED, HOWEVER, SUCH ACTIVITIES SHALL BE PART OF A SUPERVISED
 TRAINING PROGRAM UNDER A LICENSED GENETIC COUNSELOR  OR  A  HEALTH  CARE
 PROFESSIONAL  LICENSED  PURSUANT  TO  THIS  TITLE IN ACCORDANCE WITH THE
 COMMISSIONER'S REGULATIONS; AND
   3. AN EMPLOYEE OF THE STATE DEPARTMENT OF HEALTH IN THE  PROVISION  OF
 EDUCATION REGARDING CONDITIONS INCLUDED ON THE NEWBORN SCREENING PANELS.
 NOTHING  IN  THIS  ARTICLE  SHALL BE CONSTRUED AS PROHIBITING COUNSELING
 SERVICES PROVIDED BY AN ATTORNEY, RAPE  CRISIS  COUNSELOR,  OR  PASTORAL
 COUNSELING  BY  A  CLERGY  MEMBER  WORKING WITHIN HIS OR HER MINISTERIAL
 CHARGE OF OBLIGATION.
   § 7055. LIMITED PERMITS.  LIMITED PERMITS MAY BE ISSUED BY THE DEPART-
 MENT TO AUTHORIZE THE PRACTICE OF THE PROFESSION UNDER A LICENSED GENET-
 IC COUNSELOR OR PHYSICIAN PURSUANT TO THE COMMISSIONER'S REGULATIONS:
   1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
 ALL QUALIFICATIONS FOR LICENSURE AS A GENETIC  COUNSELOR,  EXCEPT  THOSE

 A. 2275                             4
 
 RELATING TO THE EXAMINATION, IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS.
   2. LIMITED PERMITS SHALL BE FOR ONE YEAR. SUCH PERMITS MAY BE EXTENDED
 AT THE DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
   3.  THE  FEE  FOR  EACH  LIMITED  PERMIT AND FOR EACH RENEWAL SHALL BE
 SEVENTY DOLLARS.
   § 7056.  SPECIAL PROVISION. 1. ANY PERSON WHO OBTAINED A  MASTER'S  OR
 DOCTORAL  DEGREE  OF  GENETIC  COUNSELING SATISFACTORY TO THE DEPARTMENT
 PRIOR TO TWO THOUSAND EIGHT, WHO HAS FIFTEEN YEARS POST-GRADUATE GENETIC
 COUNSELOR EMPLOYMENT AND MEETS THE REQUIREMENTS FOR A  LICENSE  PURSUANT
 TO  THIS  ARTICLE,  EXCEPT FOR EXAMINATION, AND WHO FILES AN APPLICATION
 AND FEE WITH THE DEPARTMENT WITHIN ONE YEAR OF  THE  EFFECTIVE  DATE  OF
 THIS SECTION SHALL BE LICENSED AS A LICENSED GENETIC COUNSELOR.
   2. THIS ARTICLE SHALL NOT PROHIBIT THE PROVISION OF GENETIC COUNSELING
 SERVICES  AS DEFINED IN SUBDIVISION ONE OF SECTION SEVEN THOUSAND FIFTY-
 ONE OF THIS ARTICLE BY EMPLOYEES OR AGENTS OF  A  CORPORATION  PROVIDING
 GENETIC  COUNSELING SERVICES IN THIS STATE; PROVIDED, HOWEVER, THAT SUCH
 SERVICES ARE PROVIDED BY A LICENSED GENETIC COUNSELOR OR  PERSON  EXEMPT
 UNDER  THIS ARTICLE AND A VIOLATION OF THIS PROVISION SHALL BE A CLASS A
 MISDEMEANOR. PROVIDED FURTHER, THAT ANY SUCH CORPORATION MUST:
   (A) HAVE REGISTERED WITH THE  DEPARTMENT  BEFORE  PROVIDING  ANY  SUCH
 SERVICES  IN  THIS STATE BY PROVIDING THEIR NAME AND ADDRESS FOR SERVICE
 OF PROCESS;
   (B) SUBMIT AND, AS NECESSARY, REVISE A CURRENT LIST OF GENETIC COUNSE-
 LORS LICENSED PURSUANT TO THIS ARTICLE WHO ARE EMPLOYEES  OR  AGENTS  OF
 THE CORPORATION AND ARE PROVIDING SUCH SERVICES IN THE STATE; AND
   (C)  HAVE  IN  EFFECT  A  REQUIREMENT THAT ALL PROFESSIONAL JUDGMENTS,
 DECISIONS, IDENTIFICATION OR COORDINATION OF GENETIC TESTING,  OR  OTHER
 PROFESSIONAL  INTERACTIONS  WITH  CLIENTS OR PATIENTS BE MADE BASED UPON
 THE BEST INTERESTS OF SUCH CLIENT OR PATIENT.
   3. ANY PERSON OR CORPORATION OFFERING THE SERVICES  OF  GENETIC  COUN-
 SELING  OF  A  CLIENT  IN  THIS  STATE  SHALL EMPLOY, FOR THE PURPOSE OF
 PROVIDING SUCH SERVICES, ONLY PERSONS  LICENSED  OR  EXEMPT  UNDER  THIS
 ARTICLE  AND  A VIOLATION OF THIS PROVISION SHALL BE A CLASS A MISDEMEA-
 NOR.
   § 7057. MANDATORY CONTINUING EDUCATION. 1. A.  EACH  LICENSED  GENETIC
 COUNSELOR  REQUIRED  UNDER THIS ARTICLE TO REGISTER TRIENNIALLY WITH THE
 DEPARTMENT TO PRACTICE IN THE STATE, SHALL COMPLY WITH PROVISIONS OF THE
 MANDATORY CONTINUING EDUCATION REQUIREMENTS  PRESCRIBED  IN  SUBDIVISION
 TWO  OF  THIS  SECTION EXCEPT AS SET FORTH IN PARAGRAPHS B AND C OF THIS
 SUBDIVISION.  EACH GENETIC COUNSELOR SHALL BE EXEMPT FROM THE  MANDATORY
 CONTINUING  EDUCATION REQUIREMENTS FOR THE TRIENNIAL REGISTRATION PERIOD
 DURING WHICH THEY ARE FIRST LICENSED.  LICENSED GENETIC  COUNSELORS  WHO
 DO NOT SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT
 PRACTICE  UNTIL  THEY  HAVE  MET  SUCH  REQUIREMENTS, AND THEY HAVE BEEN
 ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT A LICENSED GENETIC  COUN-
 SELOR  MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS
 ISSUED A CONDITIONAL REGISTRATION CERTIFICATE  PURSUANT  TO  SUBDIVISION
 THREE OF THIS SECTION.
   B. IN ACCORD WITH THE INTENT OF THIS SECTION, ADJUSTMENT TO THE MANDA-
 TORY  CONTINUING  EDUCATION REQUIREMENT MAY BE GRANTED BY THE DEPARTMENT
 FOR REASONS OF HEALTH CERTIFIED BY AN APPROPRIATE  HEALTH  CARE  PROFES-
 SIONAL,  FOR  EXTENDED  ACTIVE  DUTY WITH THE ARMED FORCES OF THE UNITED
 STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT  WHICH  MAY
 PREVENT COMPLIANCE.

 A. 2275                             5
 
   C.  A LICENSED GENETIC COUNSELOR NOT ENGAGED IN PRACTICE AS DETERMINED
 BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING  EDUCA-
 TION  REQUIREMENT  UPON  THE  FILING  OF A STATEMENT WITH THE DEPARTMENT
 DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS    TO  THE  PRACTICE  OF
 GENETIC COUNSELING DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY
 THE  DEPARTMENT  PRIOR  TO REENTERING THE PROFESSION AND SHALL MEET SUCH
 MANDATORY EDUCATION REQUIREMENTS AS SHALL BE PRESCRIBED  BY  REGULATIONS
 OF THE COMMISSIONER.
   2.  DURING  EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
 TRATION AS A LICENSED GENETIC COUNSELOR SHALL COMPLETE FORMAL CONTINUING
 EDUCATION AS SET FORTH IN STANDARDS PRESCRIBED  BY  REGULATIONS  OF  THE
 COMMISSIONER.    ANY LICENSED GENETIC COUNSELOR WHOSE FIRST REGISTRATION
 DATE FOLLOWING THE EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN THREE
 YEARS FROM SUCH EFFECTIVE  DATE,  SHALL  COMPLETE  CONTINUING  EDUCATION
 HOURS ON A PRORATED BASIS PURSUANT TO REGULATIONS OF THE COMMISSIONER. A
 LICENSEE  WHO  HAS  NOT  SATISFIED  THE  MANDATORY  CONTINUING EDUCATION
 REQUIREMENT SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE  BY
 THE  DEPARTMENT  AND  SHALL  NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL
 REGISTRATION IS ISSUED AS PROVIDED FOR  IN  SUBDIVISION  THREE  OF  THIS
 SECTION.  CONTINUING  EDUCATION HOURS TAKEN DURING ONE TRIENNIUM MAY NOT
 BE TRANSFERRED TO THE SUBSEQUENT TRIENNIUM.
   3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A  CONDITIONAL  REGIS-
 TRATION  TO  A  LICENSEE  WHO  FAILS  TO  MEET  THE CONTINUING EDUCATION
 REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO  OF  THIS  SECTION  BUT  WHO
 AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
 WHICH  THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS-
 TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
 NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL  REGISTRATION  SHALL
 BE  DETERMINED  BY  THE  DEPARTMENT  BUT  SHALL NOT EXCEED ONE YEAR. ANY
 LICENSEE WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION  FOR  FAILURE  TO
 SUBMIT  EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
 EDUCATION AND WHO PRACTICES GENETIC COUNSELING  WITHOUT  SUCH  REGISTRA-
 TION, MAY BE SUBJECT TO THE DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION
 SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   4.  FOR  THE  PURPOSES  OF THIS SECTION, "ACCEPTABLE FORMAL CONTINUING
 EDUCATION" SHALL MEAN FORMAL COURSES OF  LEARNING  WHICH  CONTRIBUTE  TO
 PROFESSIONAL PRACTICE IN GENETIC COUNSELING AND WHICH MEET THE STANDARDS
 PRESCRIBED  BY  REGULATIONS  OF THE COMMISSIONER. THE DEPARTMENT MAY, IN
 ITS DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE  OF
 THE  PUBLIC,  REQUIRE  THE COMPLETION OF CONTINUING EDUCATION COURSES IN
 SPECIFIC SUBJECTS.
   5. LICENSED GENETIC COUNSELORS SHALL MAINTAIN  ADEQUATE  DOCUMENTATION
 OF  COMPLETION  OF  ACCEPTABLE  FORMAL  CONTINUING  EDUCATION  AND SHALL
 PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAILURE  TO
 PROVIDE  SUCH  DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT SHALL BE
 AN ACT OF MISCONDUCT SUBJECT TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO
 SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   THE  MANDATORY  CONTINUING  EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
 SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
 TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
 FEE REQUIRED BY SECTION SEVEN THOUSAND FIFTY-THREE OF THIS ARTICLE.
   § 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-

 A. 2275                             6
 
 graph,  section or part of this act directly involved in the controversy
 in which the judgment shall have been rendered.
   § 3. This act shall take effect two years after it shall have become a
 law;  provided,  however, that the state education department is author-
 ized to promulgate any and all rules and regulations and take any  other
 measure  necessary to implement this act, including, but not limited to,
 the appointment of committee members pursuant to  section  7052  of  the
 education  law,  as  added  by section one of this act on or before such
 effective date, and provided further that section 7057 of the  education
 law,  as  added by section one of this act shall take effect three years
 after the effective date of this act.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2275--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of  A. ROSENTHAL, McDONOUGH, BENEDETTO, ROZIC, GOTT-
   FRIED, RAIA -- Multi-Sponsored by -- M. of A. CROUCH, LUPINACCI, SIMO-
   TAS, SKARTADOS, STIRPE -- read once and referred to the  Committee  on
   Higher  Education  --  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. PRACTICE  OF  GENETIC  COUNSELING  AND  USE  OF  THE TITLE
                 "GENETIC COUNSELOR".
         7052. STATE BOARD FOR GENETIC COUNSELING.
         7053. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         7054. EXEMPT PERSONS.
         7055. LIMITED PERMITS.
         7056. SPECIAL PROVISIONS.
   § 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.
   §  7051.  PRACTICE OF GENETIC COUNSELING AND USE OF THE TITLE "GENETIC
 COUNSELOR". 1. THE "PRACTICE  OF  GENETIC  COUNSELING"  SHALL  MEAN  THE
 COMMUNICATION  TO AND EDUCATION OF CLIENTS, THEIR FAMILIES, OTHER HEALTH
 CARE PROFESSIONALS AND THE GENERAL PUBLIC WITH REGARD TO  GENETIC  TEST-
 ING, INDIVIDUAL FAMILY HISTORIES, OR OTHER GENETIC, MEDICAL, AND TECHNI-
 CAL  INFORMATION  ASSOCIATED  WITH THE OCCURRENCE, RISK OF OCCURRENCE OR
 RECURRENCE, OF A GENETIC OR HEREDITARY CONDITION OR  BIRTH  DEFECT.    A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05260-05-7

 A. 2275--A                          2
 
 PRACTITIONER OF GENETIC COUNSELING SHALL SEEK TO PROMOTE DECISION-MAKING
 FOR  THEIR  CLIENT WHICH RESPECTS THE CLIENT'S CULTURE, LANGUAGE, TRADI-
 TION, 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 CONDITIONS AND DISEASES IN A  CLIENT,
 HIS OR HER OFFSPRING, AND OTHER FAMILY MEMBERS;
   (B) DISCUSS WITH CLIENTS THE FEATURES, MEANS OF DIAGNOSIS, GENETIC AND
 ENVIRONMENTAL FACTORS, AND MANAGEMENT OF RISK FOR GENETIC 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 CONDITIONS;
   (E) EXPLAIN TO A CLIENT THE CLINICAL IMPLICATIONS OF GENETIC LABORATO-
 RY TESTS AND OTHER DIAGNOSTIC STUDIES AND THEIR RESULTS; AND
   (F) PROVIDE WRITTEN DOCUMENTATION OF THE GENETIC  COUNSELING  SERVICES
 PERFORMED FOR CLIENTS AND HEALTH CARE PROFESSIONALS.
   2.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AUTHORIZE A LICENSED
 GENETIC  COUNSELOR  TO  DIAGNOSE OR TREAT ANY GENETIC DISEASE OR MEDICAL
 CONDITION, PRACTICE PSYCHOTHERAPY, OR PRACTICE ANY OTHER PROFESSION THAT
 IS LICENSED UNDER THIS TITLE.  THIS INCLUDES, BUT MAY NOT BE LIMITED TO,
 THE FOLLOWING:
   (A) PRESCRIBE OR ADMINISTER DRUGS AS DEFINED IN THIS CHAPTER OR  AS  A
 TREATMENT,  THERAPY,  OR PROFESSIONAL SERVICES IN THE PRACTICE OF HIS OR
 HER PROFESSION;
   (B) USE INVASIVE PROCEDURES AS A TREATMENT, THERAPY,  OR  PROFESSIONAL
 SERVICE  IN  THE  PRACTICE OF HIS OR HER PROFESSION. FOR THE PURPOSES OF
 THIS SUBDIVISION, "INVASIVE PROCEDURE"  MEANS  ANY  PROCEDURE  IN  WHICH
 HUMAN  TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR
 OTHER MEANS. INVASIVE PROCEDURES SHALL INCLUDE SURGERY, LASERS, IONIZING
 RADIATION, THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY; OR
   (C) PROVIDE PSYCHOTHERAPY AS DEFINED IN  SUBDIVISION  TWO  OF  SECTION
 EIGHTY-FOUR HUNDRED ONE OF THIS TITLE.
   3.  IF  IN THE COURSE OF PROVIDING GENETIC COUNSELING TO ANY CLIENT, A
 GENETIC COUNSELOR FINDS ANY INDICATION OF DISEASE OR CONDITION THAT  MAY
 REQUIRE  MEDICAL  ASSESSMENT,  THE  GENETIC  COUNSELOR  SHALL REFER THAT
 CLIENT TO A LICENSED PHYSICIAN, OR AS APPROPRIATE, ANOTHER  HEALTH  CARE
 PROFESSIONAL LICENSED PURSUANT TO THIS TITLE.
   4.  ONLY  A  PERSON LICENSED UNDER THIS ARTICLE SHALL PRACTICE GENETIC
 COUNSELING. ONLY A PERSON LICENSED UNDER  THIS  ARTICLE  SHALL  USE  THE
 TITLE  "LICENSED  GENETIC  COUNSELOR" AND USE THE LETTERS "L.G.C." AFTER
 HIS OR HER NAME OR ANY WORDS OR LETTERS, ABBREVIATIONS OR INSIGNIA INDI-
 CATING OR IMPLYING THAT A PERSON IS LICENSED PURSUANT TO THIS ARTICLE.
   § 7052. STATE BOARD FOR GENETIC  COUNSELING.  1.  A  STATE  BOARD  FOR
 GENETIC  COUNSELING  SHALL BE APPOINTED BY THE BOARD OF REGENTS UPON THE
 RECOMMENDATION OF THE COMMISSIONER, PRIOR TO THE EFFECTIVE DATE OF  THIS
 ARTICLE,  AND  SHALL  ASSIST  ON  MATTERS  OF PROFESSIONAL LICENSING AND
 PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT
 OF THIS TITLE. MEMBERS OF THE FIRST BOARD NEED NOT BE LICENSED PRIOR  TO
 THEIR  APPOINTMENT  TO  SUCH  BOARD. AN EXECUTIVE SECRETARY TO THE BOARD
 SHALL BE APPOINTED BY THE BOARD OF  REGENTS  ON  RECOMMENDATION  OF  THE
 COMMISSIONER.
   2. THE BOARD SHALL CONSIST OF SEVEN INDIVIDUALS, TO BE COMPOSED OF THE
 FOLLOWING:

 A. 2275--A                          3
 
   (A) FIVE LICENSED GENETIC COUNSELORS,
   (B) ONE LICENSED PHYSICIAN, AND
   (C)  A  PUBLIC REPRESENTATIVE AS DEFINED IN PARAGRAPH B OF SUBDIVISION
 ONE OF SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE.
   3. BOARD MEMBERS SHALL BE APPOINTED FOR TERMS OF FIVE YEARS. 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.
   § 7053. 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 DEGREE  OR  HIGHER  IN  GENETIC
 COUNSELING  OR  HUMAN  GENETICS FROM A PROGRAM REGISTERED BY THE DEPART-
 MENT, OR DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL  EQUIVALENT,
 IN  ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.  APPROPRIATE COURSE-
 WORK SHALL BE DETERMINED IN ACCORDANCE  WITH  THE  COMMISSIONER'S  REGU-
 LATIONS ON RECOMMENDATIONS OF THE STATE BOARD FOR GENETIC COUNSELING;
   3. EXPERIENCE: EXPERIENCE ACCEPTABLE TO THE DEPARTMENT;
   4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE DEPARTMENT AND
 IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   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 TRIENNIAL
 RE-REGISTRATION OF A LICENSE.
   § 7054. EXEMPT PERSONS.  SO LONG AS THE PERSON DOES NOT  HOLD  HIM  OR
 HERSELF OUT TO THE PUBLIC AS A GENETIC COUNSELOR, THE PROVISIONS OF THIS
 ARTICLE SHALL NOT APPLY TO:
   1.  A  LICENSED HEALTH CARE PROFESSIONAL LICENSED UNDER THIS TITLE WHO
 IS PRACTICING WITHIN THE SCOPE OF PRACTICE AS DEFINED IN THIS TITLE;
   2. A STUDENT OR INTERN ENROLLED IN A MASTER'S OR HIGHER PROGRAM REGIS-
 TERED OR APPROVED BY THE DEPARTMENT  WHERE  THE  STUDENT  OR  INTERN  IS
 ENGAGED  IN  ACTIVITIES  CONSTITUTING  THE  PRACTICE  OF A PROFESSION AS
 DEFINED IN THIS TITLE, WHOSE SCOPE OF PRACTICE  INCLUDES  GENETIC  COUN-
 SELING; PROVIDED, HOWEVER, SUCH ACTIVITIES SHALL BE PART OF A SUPERVISED
 TRAINING  PROGRAM  UNDER  A  LICENSED GENETIC COUNSELOR OR A HEALTH CARE
 PROFESSIONAL LICENSED PURSUANT TO THIS  TITLE  IN  ACCORDANCE  WITH  THE
 COMMISSIONER'S REGULATIONS; AND
   3.  AN  EMPLOYEE OF THE STATE DEPARTMENT OF HEALTH IN THE PROVISION OF
 EDUCATION REGARDING CONDITIONS INCLUDED ON THE NEWBORN SCREENING PANELS.
 NOTHING IN THIS ARTICLE SHALL BE  CONSTRUED  AS  PROHIBITING  COUNSELING
 SERVICES  PROVIDED  BY  AN  ATTORNEY, RAPE CRISIS COUNSELOR, OR PASTORAL
 COUNSELING BY A CLERGY MEMBER WORKING  WITHIN  HIS  OR  HER  MINISTERIAL
 CHARGE OF OBLIGATION.
   § 7055. LIMITED PERMITS.  LIMITED PERMITS MAY BE ISSUED BY THE DEPART-
 MENT TO AUTHORIZE THE PRACTICE OF THE PROFESSION UNDER A LICENSED GENET-
 IC COUNSELOR OR PHYSICIAN PURSUANT TO THE COMMISSIONER'S REGULATIONS:
   1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
 ALL  QUALIFICATIONS  FOR  LICENSURE AS A GENETIC COUNSELOR, EXCEPT THOSE
 RELATING TO THE EXAMINATION, IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS.
   2. LIMITED PERMITS SHALL BE FOR ONE YEAR. SUCH PERMITS MAY BE EXTENDED
 AT THE DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.

 A. 2275--A                          4
 
   3. THE FEE FOR EACH LIMITED PERMIT  AND  FOR  EACH  RENEWAL  SHALL  BE
 SEVENTY DOLLARS.
   § 7056.  SPECIAL PROVISIONS. 1. (A) ANY PERSON WHO OBTAINED A MASTER'S
 DEGREE  OR HIGHER OF GENETIC COUNSELING OR HUMAN GENETICS, OR A SUBSTAN-
 TIALLY EQUIVALENT DEGREE AS DETERMINED BY THE DEPARTMENT  IN  ACCORDANCE
 WITH  THE  COMMISSIONER'S  REGULATIONS  SATISFACTORY  TO THE DEPARTMENT,
 PRIOR TO TWO THOUSAND EIGHT, WHO HAS  TEN  YEARS  POST-GRADUATE  GENETIC
 COUNSELOR  EMPLOYMENT  AND MEETS THE REQUIREMENTS FOR A LICENSE PURSUANT
 TO THIS ARTICLE, EXCEPT FOR EXAMINATION, AND WHO  FILES  AN  APPLICATION
 AND  FEE  WITH  THE DEPARTMENT WITHIN TWO YEARS OF THE EFFECTIVE DATE OF
 THIS ARTICLE SHALL BE LICENSED AS  A  LICENSED  GENETIC  COUNSELOR  UPON
 APPLICATION.
   (B)  ANY  PERSON  WHO IS CURRENTLY A CERTIFIED GENETIC COUNSELOR (CGC)
 AND WHO MEETS THE REQUIREMENTS FOR A LICENSE UNDER THIS ARTICLE,  EXCEPT
 FOR  EXAMINATION,  AND WHO FILES AN APPLICATION AND FEE WITH THE DEPART-
 MENT WITHIN TWO YEARS OF THE EFFECTIVE DATE OF  THIS  ARTICLE  SHALL  BE
 LICENSED AS A LICENSED GENETIC COUNSELOR UPON APPLICATION.
   2. THIS ARTICLE SHALL NOT PROHIBIT THE PROVISION OF GENETIC COUNSELING
 SERVICES  AS DEFINED IN SUBDIVISION ONE OF SECTION SEVEN THOUSAND FIFTY-
 ONE OF THIS ARTICLE BY EMPLOYEES OR AGENTS OF  A  CORPORATION  PROVIDING
 GENETIC  COUNSELING SERVICES IN THIS STATE; PROVIDED, HOWEVER, THAT SUCH
 SERVICES ARE PROVIDED BY A LICENSED GENETIC COUNSELOR OR  PERSON  EXEMPT
 UNDER  THIS ARTICLE AND A VIOLATION OF THIS PROVISION SHALL BE A CLASS E
 FELONY. PROVIDED FURTHER, THAT ANY SUCH CORPORATION MUST:
   (A) HAVE REGISTERED WITH THE  DEPARTMENT  BEFORE  PROVIDING  ANY  SUCH
 SERVICES  IN  THIS STATE BY PROVIDING THEIR NAME AND ADDRESS FOR SERVICE
 OF PROCESS;
   (B) SUBMIT AND, AS NECESSARY, REVISE A CURRENT LIST OF GENETIC COUNSE-
 LORS LICENSED PURSUANT TO THIS ARTICLE WHO ARE EMPLOYEES  OR  AGENTS  OF
 THE CORPORATION AND ARE PROVIDING SUCH SERVICES IN THE STATE.
   2-A.  THIS  ARTICLE  SHALL NOT PROHIBIT THE PROVISION OF GENETIC COUN-
 SELING SERVICES AS DEFINED IN SUBDIVISION ONE OF SECTION SEVEN  THOUSAND
 FIFTY-ONE OF THIS ARTICLE BY EMPLOYEES OR AGENTS PROVIDING GENETIC COUN-
 SELING SERVICES IN THIS STATE; PROVIDED, HOWEVER, THAT SUCH SERVICES ARE
 PROVIDED  BY  A  LICENSED  GENETIC COUNSELOR OR PERSON EXEMPT UNDER THIS
 ARTICLE AND A VIOLATION OF THIS PROVISION SHALL BE  A  CLASS  E  FELONY.
 PROVIDED FURTHER:
   (A)  THE  PERSON  PROVIDING  GENETIC COUNSELING SERVICES IS A LICENSED
 GENETIC COUNSELOR OR IS A PERSON EXEMPT UNDER THIS ARTICLE.
   (B) THE COMPENSATION OF  THE  LICENSED  GENETIC  COUNSELOR  OR  EXEMPT
 PERSON  IS  CONSISTENT WITH THE FAIR MARKET VALUE OF THE SERVICES AND IS
 NOT DETERMINED IN A MANNER THAT TAKES INTO ACCOUNT  (DIRECTLY  OR  INDI-
 RECTLY)  THE  VOLUME OR VALUES OF GENETIC TESTS ORDERED BY THE REFERRING
 LICENSED PHYSICIAN OR OTHER LICENSED HEALTHCARE PROVIDER.
   (C) THE LICENSED GENETIC COUNSELOR OR EXEMPT PERSON PROVIDES A FORM TO
 EACH PATIENT DISCLOSING THE NAME OF  THE  CORPORATION  AND  INFORMS  THE
 PATIENT  OF HIS OR HER RIGHT TO UTILIZE A SPECIFICALLY IDENTIFIED ALTER-
 NATIVE GENETIC COUNSELOR IF ANY SUCH  GENETIC  COUNSELOR  IS  REASONABLY
 AVAILABLE.  THE  LICENSED GENETIC COUNSELOR OR EXEMPT PERSON SHALL MAIN-
 TAIN DOCUMENTATION OF EACH INSTANCE OF DISCLOSURE TO A PATIENT  PURSUANT
 TO THIS SECTION.
   (D)  THE  LICENSED  GENETIC COUNSELOR OR EXEMPT PERSON SHALL NOT EXERT
 UNDUE INFLUENCE OVER THE CLIENT OR REFERRING  PHYSICIAN  SO  TO  PROMOTE
 PRODUCTS  OR  SERVICES PROVIDED BY THE CORPORATION, NOR SHALL THE CORPO-
 RATION EXERT UNDUE INFLUENCE OVER  THE  LICENSED  GENETIC  COUNSELOR  TO
 RECOMMEND A CERTAIN TEST OR TESTS.

 A. 2275--A                          5
 
   (E)  THE  LICENSED  GENETIC  COUNSELOR  OR EXEMPT PERSON SHALL CONDUCT
 HIMSELF OR HERSELF IN SUCH A WAY AS TO NOT BE IN VIOLATION  OF  SUBDIVI-
 SIONS  SEVENTEEN,  EIGHTEEN,  AND NINETEEN OF SECTION SIXTY-FIVE HUNDRED
 THIRTY OF THIS TITLE.
   3.  ANY  PERSON  OR CORPORATION OFFERING THE SERVICES OF GENETIC COUN-
 SELING OF A CLIENT IN THIS  STATE  SHALL  EMPLOY,  FOR  THE  PURPOSE  OF
 PROVIDING  SUCH  SERVICES,  ONLY  PERSONS  LICENSED OR EXEMPT UNDER THIS
 ARTICLE AND A VIOLATION OF THIS PROVISION SHALL BE A CLASS  A  MISDEMEA-
 NOR.
   § 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.
   § 3. This act shall take effect two years after it shall have become a
 law; provided, however, that the state education department  is  author-
 ized  to promulgate any and all rules and regulations and take any other
 measure necessary to implement this act, including, but not limited  to,
 the  appointment of board members pursuant to section 7052 of the educa-
 tion law, as added by section one of this act on or before  such  effec-
 tive date.