S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    183
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. ROSENTHAL, BENEDETTO, CRUZ, ROZIC, FORREST, RAGA,
   TAYLOR,  WEPRIN,  SEAWRIGHT,  PAULIN, STECK, SHIMSKY, DAVILA, McMAHON,
   McDONOUGH, RA, MIKULIN -- Multi-Sponsored by -- M. of A. SIMON, 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00942-01-5
              

 A. 183                              2
 
                                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 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,
 SUCH CLIENT'S 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  SUCH
 GENETIC COUNSELOR'S PROFESSION;
   (B)  USE  INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
 SERVICE IN THE PRACTICE OF SUCH GENETIC COUNSELOR'S 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.
 A. 183                              3
 
   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 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 SUCH PERSON'S NAME OR  ANY  WORDS  OR  LETTERS,  ABBREVIATIONS  OR
 INSIGNIA  INDICATING  OR  IMPLYING THAT A PERSON IS LICENSED PURSUANT TO
 THIS ARTICLE.
   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;
 A. 183                              4

   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. 1.  SO LONG AS THE PERSON DOES NOT HOLD THEM-
 SELF 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 SUCH ATTORNEY'S USUAL
 PRACTICE, RAPE CRISIS COUNSELOR  WITHIN  SUCH  RAPE  CRISIS  COUNSELOR'S
 USUAL COUNSELING DUTIES, OR PASTORAL COUNSELING BY A CLERGY MEMBER WORK-
 ING WITHIN SUCH CLERGY MEMBER'S 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.
 A. 183                              5
 
   § 4. This act shall take effect two years after it shall have become a
 law. Effective immediately, the state education department is authorized
 to promulgate any rule or regulation necessary for the implementation of
 this act on its effective date,  including,  but  not  limited  to,  the
 appointment  of  board members pursuant to section 7052 of the education
 law, as added by section two of this act on  or  before  such  effective
 date.