S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    49
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, BENEDETTO, ROZIC, FORREST, BURGOS,
   McDONOUGH, RA -- Multi-Sponsored by -- M. of A. 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. Legislative intent and findings. The legislature finds that
 while  significant steps have been taken through legislation in response
 to the COVID-19 crisis in New York State, much  more  must  be  done  to
 combat  the  continued  threat  to public health and safety presented by
 COVID-19 and future pandemics including identifying risk factors, devel-
 oping responses, and increasing access to treatment.
   The legislature intends to build on the initial efforts of the  execu-
 tive and legislature in responding to the COVID-19 crisis by recognizing
 the  significant  role  genetic  counselors  play in identifying genetic
 variants through predictive testing,  investigating  underlying  genomic
 susceptibilities and deciphering complex testing infrastructures, culmi-
 nating in the critical counseling of patients and educating other health
 care providers.
   The  legislature finds that the state's mission to ensure preparedness
 against future health crises  through  data  collection,  research,  and
 access  to  safe  care will be advanced through the licensure of genetic
 counselors and the active engagement of these uniquely  trained  practi-
 tioners  and  researchers in the making of informed personal health care
 decisions and the development of effective health care policies.
   § 2. The education law is amended by adding a new article 142 to  read
 as follows:
                                ARTICLE 142
                            GENETIC COUNSELING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00935-01-3
 A. 49                               2
 
 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 HUMAN CLIENTS, THEIR FAMILIES, OTHER
 HEALTH CARE PROFESSIONALS AND THE GENERAL PUBLIC WITH REGARD TO  GENETIC
 TESTING, INDIVIDUAL FAMILY HISTORIES, OR OTHER GENETIC, PERSONAL MEDICAL
 HISTORY,  AND TECHNICAL 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 FOR THEIR CLIENT  WHICH  RESPECTS  THE  CLIENT'S
 CULTURE,  LANGUAGE,  TRADITION, LIFESTYLE, RELIGION, BELIEFS AND VALUES.
 GENETIC COUNSELING SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   (A) OBTAIN AND EVALUATE PERSONAL AND FAMILY MEDICAL HISTORY TO  DETER-
 MINE GENETIC RISK FOR GENETIC CONDITIONS AND DISEASES IN A HUMAN CLIENT,
 HIS OR HER OFFSPRING, AND OTHER FAMILY MEMBERS;
   (B)  EDUCATE CLIENTS REGARDING THE MEANS TO ASSESS AND MANAGE RISK FOR
 GENETIC CONDITIONS AND DISEASE;
   (C) IDENTIFY AND ORDER GENETIC LABORATORY TESTS AND  COORDINATE  OTHER
 DIAGNOSTIC 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)  MAINTAIN 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
 A. 49                               3
 
 CLIENT  TO  A LICENSED PHYSICIAN, OR AS APPROPRIATE, ANOTHER HEALTH CARE
 PROFESSIONAL LICENSED PURSUANT TO THIS TITLE.
   4.  ONLY A PERSON LICENSED OR EXEMPT 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
 INDICATING OR IMPLYING THAT A PERSON IS LICENSED PURSUANT TO THIS  ARTI-
 CLE.
   5.  THE  PROVISIONS  OF  THIS  ARTICLE SHALL NOT PROHIBIT ANY LICENSED
 GENETIC COUNSELOR EMPLOYED BY ANY ORGANIZATION OR ENTITY WHO IS  PROVID-
 ING  OCCASIONAL  SERVICES FROM ENGAGING IN THE PRACTICE OF GENETIC COUN-
 SELING, SUBJECT TO THE LIMITATIONS  PRESCRIBED  BY  THE  DEPARTMENT,  IN
 CONSULTATION  WITH  THE  STATE  BOARD  FOR  GENETIC  COUNSELING  AND THE
 PROVISION OF SUCH OCCASIONAL SERVICES SHALL BE  DEEMED  NOT  TO  BE  THE
 PRACTICE  OF  A  PROFESSION  FOR PURPOSES OF ALL APPLICABLE PARTNERSHIP,
 CORPORATION OR LIMITED LIABILITY COMPANY LAWS AND REGULATIONS.
   § 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) 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.
 A. 49                               4
 
   § 7054. EXEMPT PERSONS. 1.  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:
   A.  A  LICENSED HEALTH CARE PROFESSIONAL LICENSED UNDER THIS TITLE WHO
 IS PRACTICING WITHIN THE SCOPE OF PRACTICE AS DEFINED IN THIS TITLE;
   B. 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 AN APPROPRIATE
 HEALTH CARE PROFESSIONAL LICENSED PURSUANT TO THIS TITLE  IN  ACCORDANCE
 WITH THE COMMISSIONER'S REGULATIONS; AND
   C.  AN  EMPLOYEE OF THE STATE DEPARTMENT OF HEALTH IN THE PROVISION OF
 EDUCATION REGARDING CONDITIONS INCLUDED ON THE NEWBORN SCREENING PANELS.
   2. NOTHING IN THIS ARTICLE SHALL BE  CONSTRUED  AS  PROHIBITING  COUN-
 SELING  SERVICES  PROVIDED  BY AN ATTORNEY WITHIN HIS OR HER USUAL PRAC-
 TICE, RAPE CRISIS COUNSELOR WITHIN HIS OR HER USUAL  COUNSELING  DUTIES,
 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  AND  EXPERIENCE,  IN ACCORDANCE WITH THE
 COMMISSIONER'S REGULATIONS.
   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 PROVISIONS. 1. ANY INDIVIDUAL WHO MEETS THE REQUIRE-
 MENTS FOR A LICENSE ESTABLISHED IN THIS ARTICLE, EXCEPT FOR EXAMINATION,
 EXPERIENCE AND EDUCATION, AND WHO IS CERTIFIED BY A NATIONAL  CERTIFYING
 BODY HAVING CERTIFICATION STANDARDS ACCEPTABLE TO THE DEPARTMENT, MAY BE
 LICENSED  WITHOUT  MEETING  ADDITIONAL  REQUIREMENTS  AS TO EXAMINATION,
 EXPERIENCE, OR EDUCATION,  PROVIDED  THAT  SUCH  INDIVIDUAL  SUBMITS  AN
 APPLICATION  TO THE DEPARTMENT WITHIN TWO YEARS OF THE EFFECTIVE DATE OF
 THIS ARTICLE.
   2. ANY INDIVIDUAL WHO MEETS THE REQUIREMENTS FOR A LICENSE ESTABLISHED
 IN THIS ARTICLE, EXCEPT FOR EXAMINATION, MAY BE LICENSED  WITHOUT  EXAM-
 INATION,  PROVIDED  THAT  THE PERSON COMPLETED THE EDUCATION REQUIREMENT
 PRIOR TO TWO THOUSAND EIGHT, SUBMITS EVIDENCE OF A MINIMUM OF TEN  YEARS
 EMPLOYMENT  AS A GENETIC COUNSELOR, SUBMITS EXPERIENCE ACCEPTABLE TO THE
 DEPARTMENT AND SUBMITS AN APPLICATION TO THE DEPARTMENT WITHIN TWO YEARS
 OF THE EFFECTIVE DATE OF THIS ARTICLE.
   § 3. 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.
   § 4. 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
 A. 49                               5
 
 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 two of this act on or before such effec-
 tive date.