Senate Bill S4820B

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

                                  4820

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 20, 2015
                               ___________

Introduced  by  Sens. LAVALLE, LARKIN -- read twice and ordered printed,
  and when printed to be committed 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. 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.
        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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03054-01-5

              

S. 4820                             2

  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
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. 4820                             3

  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
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;

S. 4820                             4

  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
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

S. 4820                             5

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
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. 4820                             6

  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.

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

                                 4820--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 20, 2015
                               ___________

Introduced  by  Sens. LAVALLE, LARKIN -- read twice and ordered printed,
  and when printed to be committed 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. 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.
        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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03054-02-5

              

S. 4820--A                          2

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, PRACTICE PSYCHOTHERAPY, OR PRACTICE ANY OTHER PROFESSION THAT
IS LICENSED UNDER 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
REQUIRES MEDICAL ASSESSMENT, THE  GENETIC  COUNSELOR  SHALL  REFER  THAT
PATIENT TO A LICENSED PHYSICIAN.
  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. ANY PERSON WHO DOES NOT  HAVE  A  VALID  LICENSE  AS  A
GENETIC  COUNSELOR  SHALL  NOT USE IN CONNECTION WITH HIS OR HER NAME OR
PLACE OF BUSINESS THE TITLE "GENETIC COUNSELOR", "LICENSED GENETIC COUN-
SELOR", "GENE COUNSELOR", "GENOMIC COUNSELOR", "GENETIC  ASSOCIATE",  OR

S. 4820--A                          3

ANY  WORDS  OR LETTERS, ABBREVIATIONS OR INSIGNIA INDICATING OR IMPLYING
THAT A PERSON IS LICENSED PURSUANT TO 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.
  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.  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.
  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 PROFESSIONALS  PURSU-
ANT  TO TITLE EIGHT OF THIS CHAPTER TO THE EXTENT THAT THE SCOPE OF SUCH
LICENSE INCLUDES SERVICES WITHIN THE  PRACTICE  OF  GENETIC  COUNSELING.
SUCH EXEMPT PERSONS ARE PROHIBITED FROM USING THE TITLE "GENETIC COUNSE-
LOR"  OR  "LICENSED  GENETIC COUNSELOR" AS PROVIDED FOR IN THIS ARTICLE.
THE FOLLOWING INDIVIDUALS MAY ENGAGE IN THE PRACTICE  OF  GENETIC  COUN-
SELING WITHOUT BEING LICENSED UNDER THIS ARTICLE:
  1.  A  LICENSED HEALTH CARE PROFESSIONAL LICENSED UNDER TITLE EIGHT OF
THIS CHAPTER WHO IS PRACTICING WITHIN THE SCOPE OF PRACTICE  AS  DEFINED
IN THIS TITLE;
  2.  A  STUDENT  OR  INTERN  ENROLLED  IN  AN APPROVED ACADEMIC PROGRAM
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

S. 4820--A                          4

TRAINING PROGRAM UNDER A LICENSED  GENETIC  COUNSELOR  OR  PHYSICIAN  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.
  S 7056. 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.
  3. THE FEE FOR EACH LIMITED PERMIT  AND  FOR  EACH  RENEWAL  SHALL  BE
SEVENTY DOLLARS.
  S  7057.  SPECIAL PROVISION. 1. 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  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 PROVISIONS OF GENETIC COUN-
SELING SERVICES AS DEFINED IN SUBDIVISION ONE OF SECTION SEVEN  THOUSAND
FIFTY-TWO OF THIS ARTICLE BY A CORPORATION; 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 HAVE IN
EFFECT A REQUIREMENT THAT ALL PROFESSIONAL JUDGMENTS,  DECISIONS,  IDEN-
TIFICATION  OR  COORDINATION  OF  GENETIC TESTING, OR OTHER PROFESSIONAL
INTERACTIONS WITH CLIENTS OR PATIENTS BE MADE BASED UPON THE BEST INTER-
ESTS OF SUCH CLIENT OR PATIENT.
  3. ANY PERSON OR FIRM OFFERING THE SERVICES  OF  A  GENETIC  COUNSELOR
SHALL  EMPLOY  ONLY  PERSONS LICENSED OR EXEMPT UNDER THIS ARTICLE AND A
VIOLATION OF THIS PROVISION SHALL BE A CLASS A MISDEMEANOR.
  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 AS DEFINED IN SUBDIVISION  TWO  OF  SECTION
EIGHTY-FOUR HUNDRED ONE OF THIS TITLE.
  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

S. 4820--A                          5

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.
  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  FORMAL  CONTINUING  EDUCATION  THROUGH SUCCESSFUL
COMPLETION OF EDUCATION COURSES OR PROGRAMS  APPROVED  BY  THE  NATIONAL
SOCIETY  OF  GENETIC  COUNSELORS  OR ITS SUCCESSORS, OR OTHER COURSES OR
PROGRAMS ACCEPTABLE TO THE DEPARTMENT. 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 OF 1.25 HOURS
PER MONTH. 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

S. 4820--A                          6

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 CONTINUING EDUCATION  COURSES  OR  PROGRAMS
APPROVED  BY THE NATIONAL SOCIETY OF GENETIC COUNSELORS OR ITS SUCCESSOR
OR FROM A SPONSOR APPROVED BY THE  DEPARTMENT,  PURSUANT  TO  THE  REGU-
LATIONS 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
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.