NY State Senate Bill 2013-S2904B

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 13, 2014	print number 2904b
Jun 13, 2014	amend and recommit to higher education
Feb 25, 2014	print number 2904a
Feb 25, 2014	amend and recommit to higher education
Jan 08, 2014	referred to higher education
Jan 24, 2013	referred to higher education

co-Sponsors

2013-S2904 - Details

See Assembly Version of this Bill:: A3350
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 142 §§7050 - 7059, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5766
2011-2012: A5641
2015-2016: S4820, A5281
2017-2018: S1323, A2275
2019-2020: S6021, A278
2021-2022: S5355, A2151
2023-2024: S3552, A49
2025-2026: S3029, A183

2013-S2904 - Summary

Provides for the licensing of genetic counselors; creates the state committee for genetic counseling.

2013-S2904 - Sponsor Memo

2013-S2904 - Bill Text download pdf

                            
                    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.

co-Sponsors

2013-S2904A - Details

See Assembly Version of this Bill:: A3350
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 142 §§7050 - 7059, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5766
2011-2012: A5641
2015-2016: S4820, A5281
2017-2018: S1323, A2275
2019-2020: S6021, A278
2021-2022: S5355, A2151
2023-2024: S3552, A49
2025-2026: S3029, A183

2013-S2904A - Summary

Provides for the licensing of genetic counselors; creates the state committee for genetic counseling.

2013-S2904A - Sponsor Memo

                                BILL NUMBER:S2904A

TITLE OF BILL:  An act to amend the education law, in relation to
licensing of genetic counselors

PURPOSE: This legislation would establish genetic counseling as a
licensed profession.

SUMMARY OF PROVISIONS: This legislation would establish genetic
counseling as a licensed profession in New York State. The bill would
provide for licensure, provisional licensure, professional standards,
continuing education requirements, conduct and registration of genetic
counselors.

JUSTIFICATION: In the last decade, advances in technology and the
understanding of human genetics have rapidly expanded the number of
tests available to directly test for genetic conditions and genetic
susceptibility to common diseases like cancer, diabetes and heart
disease. New methods in gene sequencing have made mapping an
individual's entire genome a reality. This technology promises to
deliver individualized medicine to the public in the very near future.

Interpretation of genetic/genomic test results is complex and requires
specialized knowledge and communication skills to: determine whether
the patient wants and needs the test; ensure that the patient is
taking the most appropriate genetic/genomic test; provide the patient

with necessary information to obtain informed consent required by New
York State law; facilitate proper medical management based on the
patient's genetic/genomic test results; and appropriately disseminate
the genetic information to the patient's health care providers and
at-risk family members. Genetic counselors who have met the
educational requirements and certification standards as established by
this legislation are ensured of possessing these requisite skills.

New Yorkers deserve a competent health care workforce that can help to
apply genomic information to the public with safety and human rights
in mind. The State of New York has a long tradition of protecting the
safety and health of individual recipients of professional services by
setting high standards for the licensing and conduct of providers of
such services. This legislation would ensure the benefits of
genetic/genomic information for those who seek it, by ensuring that
genetic counselors are licensed and accountable.

LEGISLATIVE HISTORY: 2013: S. 2904/A.3350; 2011-12 S.3514/A.5641;
2009-10 S.2757/A.5766; 2007-08, S.1858-A/A.3556A; 2005-06,
S.4532/A.8065; 2003-04 S.287A/A.10539; 2001-02 S.2471/A.2360; 2000
S.7563/A.9876.

FISCAL IMPLICATIONS: Any fiscal implications related to licensure of
the genetic counselors, would be offset through license fees.

EFFECTIVE DATE: Immediately, with provisions.

2013-S2904A - Bill Text download pdf

                            
                    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.

co-Sponsors

2013-S2904B (ACTIVE) - Details

See Assembly Version of this Bill:: A3350
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 142 §§7050 - 7059, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5766
2011-2012: A5641
2015-2016: S4820, A5281
2017-2018: S1323, A2275
2019-2020: S6021, A278
2021-2022: S5355, A2151
2023-2024: S3552, A49
2025-2026: S3029, A183

2013-S2904B (ACTIVE) - Summary

Provides for the licensing of genetic counselors; creates the state committee for genetic counseling.

2013-S2904B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2904B

TITLE OF BILL:  An act to amend the education law, in relation to
licensing of genetic counselors

PURPOSE:

This legislation would establish genetic counseling as a licensed
profession.

SUMMARY OF PROVISIONS:

This legislation would establish genetic counseling as a licensed
profession in New York State. The bill would provide for licensure,
provisional licensure, professional standards, continuing education
requirements, conduct and registration of genetic counselors.

JUSTIFICATION:

In the last decade, advances in technology and the understanding of
human genetics have rapidly expanded the number of tests available to
directly test for genetic conditions and genetic susceptibility to
common diseases like cancer, diabetes and heart disease. New methods
in gene sequencing have made mapping an individual's entire genome a
reality. This technology promises to deliver individualized medicine
to the public in the very near future.

Interpretation of genetic/genomic test results is complex and requires
specialized knowledge and communication skills to: determine whether
the patient wants and needs the test; ensure that the patient is
taking the most appropriate genetic/genomic test; provide the patient
with necessary information to obtain informed consent required by New
York State law; facilitate proper medical management based on the
patient's genetic/genomic test results; and appropriately disseminate
the genetic information to the patient's health care providers and
at-risk family members. Genetic counselors who have met the
educational requirements and certification standards as established by
this legislation are ensured of possessing these requisite skills.

New Yorkers deserve a competent health care workforce that can help to
apply genomic information to the public with safety and human rights
in mind. The State of New York has a long tradition of protecting the
safety and health of individual recipients of professional services by
setting high standards for the licensing and conduct of providers of
such services. This legislation would ensure the benefits of
genetic/genomic information for those who seek it, by ensuring that
genetic counselors are licensed and accountable.

LEGISLATIVE HISTORY:

2011-12 S.3514/A.5641;
2009-10 S.2757/A.5766;
2007-08, S.1858-A/A.3556A;
2005-06, S.4532/A.8065;
2003-04 S.287A/A.10539;
2001-02 S.2471/A.2360;
2000 S.7563/A.9876.


FISCAL IMPLICATIONS:

Any fiscal implications related to licensure of the genetic
counselors, would be offset through license fees.

EFFECTIVE DATE:

18 months after becoming a law, provided that continuing education
requirements shall take effect three years after enactment.

2013-S2904B (ACTIVE) - Bill Text download pdf

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

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

                       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  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. SWEENEY, MILLMAN,  PAULIN,  GALEF,
  ROSENTHAL,  FAHY  --  Multi-Sponsored by -- M. of A. DINOWITZ, HOOPER,
  MARKEY, WEISENBERG -- read once and referred to the Committee on High-
  er Education -- 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  commit-
  tee  --  again  reported  from said committee with amendments, 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. PRACTICE  OF  GENETIC  COUNSELING  AND  USE  OF  THE TITLE
                "GENETIC COUNSELOR".
        7053. STATE COMMITTEE FOR GENETIC COUNSELING.
        7054. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
        7055. EXEMPT PERSONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04709-03-4

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

        7056. LIMITED PERMITS.
        7057. SPECIAL PROVISION.
        7058. BOUNDARIES OF PROFESSIONAL PRACTICE.
        7059. MANDATORY CONTINUING EDUCATION.
  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  OR DOCTORAL DEGREE IN GENETIC COUNSELING FROM AN
ACCREDITED GENETIC COUNSELING PROGRAM OR EQUIVALENT AND WHO  HAS  PASSED
THE  CERTIFICATION  EXAMINATION  IN GENETIC COUNSELING ACCEPTABLE TO THE
DEPARTMENT.
  S 7052. 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
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 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.
  2.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AUTHORIZE A LICENSED
GENETIC COUNSELOR TO DIAGNOSE OR TREAT ANY GENETIC  DISEASE  OR  MEDICAL
CONDITION.
  3.  IF IN THE COURSE OF PROVIDING GENETIC COUNSELING TO ANY PATIENT, A
GENETIC COUNSELOR FINDS ANY INDICATION  OF  DISEASE  OR  CONDITION  THAT

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

REQUIRES  MEDICAL  ASSESSMENT,  THE  GENETIC  COUNSELOR SHALL REFER THAT
PATIENT TO A LICENSED PHYSICIAN.
  4.  ONLY  A  PERSON LICENSED, OR WITH A LIMITED PERMIT OR EXEMPT UNDER
THIS ARTICLE SHALL PRACTICE GENETIC COUNSELING. ONLY A  PERSON  LICENSED
OR  HOLDING  A  LIMITED  PERMIT  UNDER  THIS ARTICLE SHALL USE THE TITLE
"LICENSED GENETIC COUNSELOR" AND USE THE LETTERS "L.G.C." AFTER  HIS  OR
HER NAME. ANY PERSON WHO DOES NOT HAVE A VALID LICENSE OR LIMITED PERMIT
AS  A GENETIC COUNSELOR SHALL NOT USE IN CONNECTION WITH HIS OR HER NAME
OR PLACE OF BUSINESS THE TITLE "GENETIC  COUNSELOR",  "LICENSED  GENETIC
COUNSELOR",  "GENE COUNSELOR", "GENOMIC COUNSELOR", "GENETIC ASSOCIATE",
OR ANY WORDS OR LETTERS, ABBREVIATIONS OR INSIGNIA INDICATING OR  IMPLY-
ING  THAT  A  PERSON  HAS  MET THE QUALIFICATIONS FOR OR HAS THE LICENSE
ISSUED PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
  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 RECOMMENDATION OF THE COMMISSIONER.
  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 REPRESENTATIVE OF THE PUBLIC AT LARGE WHO IS NOT INVOLVED IN THE
ORGANIZATION, FINANCING OR DELIVERY OF THE PROFESSION.
  3. COMMITTEE MEMBERS SHALL BE APPOINTED FOR TERMS OF FIVE YEARS.
  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: EXPERIENCE ACCEPTABLE TO THE DEPARTMENT;
  4. EXAMINATION: PASS A GENETIC COUNSELING 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.
  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--B                          4                         A. 3350--B

FROM USING THE TITLE "GENETIC COUNSELOR" OR "LICENSED GENETIC COUNSELOR"
AS PROVIDED FOR IN THIS ARTICLE.  THE FOLLOWING INDIVIDUALS  MAY  ENGAGE
IN  THE PRACTICE OF GENETIC COUNSELING WITHOUT BEING LICENSED UNDER THIS
ARTICLE:
  1.  A  LICENSED HEALTH CARE PROFESSIONAL PRACTICING WITHIN THE PROFES-
SIONAL'S SCOPE OF PRACTICE;
  2. A STUDENT OR  INTERN  ENROLLED  IN  AN  APPROVED  ACADEMIC  PROGRAM
ENGAGED  IN  ACTIVITIES CONSTITUTING THE PRACTICE OF A REGULATED OCCUPA-
TION OR PROFESSION; PROVIDED, HOWEVER, SUCH ACTIVITIES SHALL BE PART  OF
A SUPERVISED TRAINING PROGRAM;
  3.  AN  EMPLOYEE OF THE STATE DEPARTMENT OF HEALTH IN THE PROVISION OF
EDUCATION REGARDING  SINGLE  GENE  CONDITIONS,  INCLUDING  SICKLE  CELL,
CYSTIC FIBROSIS, AND HEMOGLOBINOPATHIES;
  4.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROHIBITING SERVICES
PROVIDED BY AN ATTORNEY, RAPE CRISIS COUNSELOR, OR CLERGY MEMBER WORKING
WITHIN HIS OR  HER  MINISTERIAL  CHARGE  OF  OBLIGATION,  PROVIDED  SUCH
SERVICES ARE NOT WITHIN THE SCOPE OF PRACTICE FOR GENETIC COUNSELING.
  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 THOSE
RELATING TO THE EXAMINATION.
  2. LIMITED PERMITS SHALL BE FOR  ONE  YEAR.  LIMITED  PERMITS  MAY  BE
RE-REGISTERED,  AT  THE DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL
YEAR.
  3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RE-REGISTRATION  SHALL
BE SEVENTY DOLLARS.
  S  7057.    SPECIAL  PROVISION. ANY PERSON WHO POSSESSES A MASTER'S OR
DOCTORAL DEGREE OF GENETIC COUNSELING SATISFACTORY TO THE DEPARTMENT, ON
THE EFFECTIVE DATE OF THIS SECTION, 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 WITH THE
DEPARTMENT WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS  SECTION  SHALL
BE LICENSED AS A LICENSED GENETIC COUNSELOR.
  S  7058.  BOUNDARIES  OF  PROFESSIONAL  PRACTICE. ANY INDIVIDUAL WHOSE
LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM  THE  PROVISIONS  OF  THIS
ARTICLE SHALL BE PROHIBITED FROM:
  1. PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER OR AS
A  TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR
HER PROFESSION;
  2. USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR  PROFESSIONAL
SERVICE  IN  THE PRACTICE OF HIS OR HER PROFESSION. FOR 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 PROCEDURE INCLUDES SURGERY, LASERS, IONIZING  RADIATION,
THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY; OR
  3. PROVIDING PSYCHOTHERAPY OUTSIDE THE SCOPE OF PRACTICE OF A LICENSED
GENETIC COUNSELOR.
  S  7059.  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. LICENSED GENETIC COUNSELORS WHO DO NOT SATISFY THE MANDATO-
RY  CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL THEY HAVE

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

MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION  CERTIF-
ICATE,  EXCEPT  THAT  A  LICENSED GENETIC COUNSELOR MAY PRACTICE WITHOUT
HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGIS-
TRATION 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.
  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  A  MINIMUM  OF
FORTY-FIVE HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION. 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. 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 CHAPTER.
  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.  TO  FULFILL  THIS  MANDATORY  CONTINUING  EDUCATION
REQUIREMENT, COURSES MUST BE  TAKEN  FROM  A  SPONSOR  APPROVED  BY  THE
DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
  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

S. 2904--B                          6                         A. 3350--B

AN  ACT  OF  MISCONDUCT  SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS CHAPTER.
  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 SIXTY-EIGHT HUNDRED FIVE OF THIS ARTICLE.
  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 eighteen months after  it  shall  have
become  a law; provided, however, that the state education department is
authorized to promulgate any and all rules and regulations and take  any
other measure necessary to implement this act on or before its effective
date,  and  provided  further  that  section  7059 of article 142 of the
education law, as added by section one of this  act  shall  take  effect
three years after the effective date of this act.

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Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Higher Education Committee

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