S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5355
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2021
                                ___________
 
 Introduced  by  Sen. BRESLIN -- 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. PRACTICE  OF  GENETIC  COUNSELING  AND  USE  OF  THE TITLE
                 "GENETIC COUNSELOR".
         7052. STATE BOARD FOR GENETIC COUNSELING.
         7053. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         7054. EXEMPT PERSONS.
         7055. LIMITED PERMITS.
         7056. SPECIAL PROVISIONS.
   § 7050. INTRODUCTION. THIS ARTICLE APPLIES TO THE LICENSING OF GENETIC
 COUNSELORS. THE GENERAL PROVISIONS  FOR  ALL  PROFESSIONS  CONTAINED  IN
 ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
   §  7051.  PRACTICE OF GENETIC COUNSELING AND USE OF THE TITLE "GENETIC
 COUNSELOR". 1. THE "PRACTICE  OF  GENETIC  COUNSELING"  SHALL  MEAN  THE
 COMMUNICATION  TO AND EDUCATION OF CLIENTS, THEIR FAMILIES, OTHER HEALTH
 CARE PROFESSIONALS AND THE GENERAL PUBLIC WITH REGARD TO  GENETIC  TEST-
 ING,  INDIVIDUAL  FAMILY  HISTORIES,  OR OTHER GENETIC, 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00423-03-1
              

 S. 5355                             2
 
 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  CLIENT,  HIS
 OR HER OFFSPRING, AND OTHER FAMILY MEMBERS;
   (B)  EDUCATE CLIENTS REGARDING THE MEANS TO ASSESS AND MANAGE RISK FOR
 GENETIC CONDITIONS AND DISEASE;
   (C) IDENTIFY AND ORDER GENETIC LABORATORY TESTS AND  COORDINATE  OTHER
 DIAGNOSTIC STUDIES AS APPROPRIATE FOR THE GENETIC ASSESSMENT;
   (D)  INTEGRATE  GENETIC  LABORATORY  TEST RESULTS AND OTHER DIAGNOSTIC
 STUDIES WITH PERSONAL AND FAMILY MEDICAL HISTORY TO ASSESS AND  COMMUNI-
 CATE RISK FACTORS FOR GENETIC CONDITIONS;
   (E) EXPLAIN TO A CLIENT THE CLINICAL IMPLICATIONS OF GENETIC LABORATO-
 RY TESTS AND OTHER DIAGNOSTIC STUDIES AND THEIR RESULTS; AND
   (F)  MAINTAIN WRITTEN DOCUMENTATION OF THE GENETIC COUNSELING SERVICES
 PERFORMED FOR CLIENTS AND HEALTH CARE PROFESSIONALS.
   2.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AUTHORIZE A LICENSED
 GENETIC COUNSELOR TO DIAGNOSE OR TREAT ANY GENETIC  DISEASE  OR  MEDICAL
 CONDITION, PRACTICE PSYCHOTHERAPY, OR PRACTICE ANY OTHER PROFESSION THAT
 IS LICENSED UNDER THIS TITLE.  THIS INCLUDES, BUT MAY NOT BE LIMITED TO,
 THE FOLLOWING:
   (A)  PRESCRIBE  OR ADMINISTER DRUGS AS DEFINED IN THIS CHAPTER OR AS A
 TREATMENT, THERAPY, OR PROFESSIONAL SERVICES IN THE PRACTICE OF  HIS  OR
 HER PROFESSION;
   (B)  USE  INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
 SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR  THE  PURPOSES  OF
 THIS  SUBDIVISION,  "INVASIVE  PROCEDURE"  MEANS  ANY PROCEDURE IN WHICH
 HUMAN TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL  OR
 OTHER MEANS. INVASIVE PROCEDURES SHALL INCLUDE SURGERY, LASERS, IONIZING
 RADIATION, THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY; OR
   (C)  PROVIDE  PSYCHOTHERAPY  AS  DEFINED IN SUBDIVISION TWO OF SECTION
 EIGHTY-FOUR HUNDRED ONE OF THIS TITLE.
   3. IF IN THE COURSE OF PROVIDING GENETIC COUNSELING TO ANY  CLIENT,  A
 GENETIC  COUNSELOR FINDS ANY INDICATION OF DISEASE OR CONDITION THAT MAY
 REQUIRE MEDICAL ASSESSMENT,  THE  GENETIC  COUNSELOR  SHALL  REFER  THAT
 CLIENT  TO  A LICENSED PHYSICIAN, OR AS APPROPRIATE, ANOTHER HEALTH CARE
 PROFESSIONAL LICENSED PURSUANT TO THIS TITLE.
   4. ONLY A PERSON LICENSED UNDER THIS ARTICLE  SHALL  PRACTICE  GENETIC
 COUNSELING.  ONLY  A  PERSON  LICENSED  UNDER THIS ARTICLE SHALL USE THE
 TITLE "LICENSED GENETIC COUNSELOR" AND USE THE  LETTERS  "L.G.C."  AFTER
 HIS OR HER NAME OR ANY WORDS OR LETTERS, ABBREVIATIONS OR INSIGNIA INDI-
 CATING OR IMPLYING THAT A PERSON IS LICENSED PURSUANT TO THIS ARTICLE.
   §  7052.  STATE  BOARD  FOR  GENETIC  COUNSELING. 1. A STATE BOARD FOR
 GENETIC COUNSELING SHALL BE APPOINTED BY THE BOARD OF REGENTS  UPON  THE
 RECOMMENDATION  OF THE COMMISSIONER, PRIOR TO THE EFFECTIVE DATE OF THIS
 ARTICLE, AND SHALL ASSIST  ON  MATTERS  OF  PROFESSIONAL  LICENSING  AND
 PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT
 OF  THIS TITLE. MEMBERS OF THE FIRST BOARD NEED NOT BE LICENSED PRIOR TO
 THEIR APPOINTMENT TO SUCH BOARD. AN EXECUTIVE  SECRETARY  TO  THE  BOARD
 SHALL  BE  APPOINTED  BY  THE  BOARD OF REGENTS ON RECOMMENDATION OF THE
 COMMISSIONER.
   2. THE BOARD SHALL CONSIST OF SEVEN INDIVIDUALS, TO BE COMPOSED OF THE
 FOLLOWING:
   (A) FIVE LICENSED GENETIC COUNSELORS,
   (B) ONE LICENSED PHYSICIAN, AND

 S. 5355                             3
 
   (C) A PUBLIC REPRESENTATIVE AS DEFINED IN PARAGRAPH B  OF  SUBDIVISION
 ONE OF SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE.
   3. BOARD MEMBERS SHALL BE APPOINTED FOR TERMS OF FIVE YEARS. THE TERMS
 OF  THE  FIRST  APPOINTED MEMBERS SHALL BE STAGGERED SO THAT TWO MEMBERS
 ARE APPOINTED FOR THREE YEARS, THREE  MEMBERS  ARE  APPOINTED  FOR  FOUR
 YEARS AND TWO MEMBERS ARE APPOINTED FOR FIVE YEARS.
   §  7053.  REQUIREMENTS  FOR  A  PROFESSIONAL LICENSE. TO QUALIFY FOR A
 LICENSE AS A "LICENSED GENETIC COUNSELOR", AN  APPLICANT  SHALL  FULFILL
 THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2.  EDUCATION:  HAVE  RECEIVED  A MASTER'S DEGREE OR HIGHER IN GENETIC
 COUNSELING OR HUMAN GENETICS FROM A PROGRAM REGISTERED  BY  THE  DEPART-
 MENT,  OR DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT,
 IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.  APPROPRIATE  COURSE-
 WORK  SHALL  BE  DETERMINED  IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS ON RECOMMENDATIONS OF THE STATE BOARD FOR GENETIC COUNSELING;
   3. EXPERIENCE: EXPERIENCE ACCEPTABLE TO THE DEPARTMENT;
   4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE DEPARTMENT AND
 IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT;
   7.  FEES:  PAY A FEE OF THREE HUNDRED DOLLARS TO THE DEPARTMENT FOR AN
 INITIAL LICENSE AND TWO HUNDRED DOLLARS FOR  EACH  SUBSEQUENT  TRIENNIAL
 RE-REGISTRATION OF A LICENSE.
   §  7054.  EXEMPT PERSONS.   SO LONG AS THE PERSON DOES NOT HOLD HIM OR
 HERSELF OUT TO THE PUBLIC AS A GENETIC COUNSELOR, THE PROVISIONS OF THIS
 ARTICLE SHALL NOT APPLY TO:
   1. A LICENSED HEALTH CARE PROFESSIONAL LICENSED UNDER THIS  TITLE  WHO
 IS PRACTICING WITHIN THE SCOPE OF PRACTICE AS DEFINED IN THIS TITLE;
   2. A STUDENT OR INTERN ENROLLED IN A MASTER'S OR HIGHER PROGRAM REGIS-
 TERED  OR  APPROVED  BY  THE  DEPARTMENT  WHERE THE STUDENT OR INTERN IS
 ENGAGED IN ACTIVITIES CONSTITUTING  THE  PRACTICE  OF  A  PROFESSION  AS
 DEFINED  IN  THIS  TITLE, WHOSE SCOPE OF PRACTICE INCLUDES GENETIC COUN-
 SELING; PROVIDED, HOWEVER, SUCH ACTIVITIES SHALL BE PART OF A SUPERVISED
 TRAINING PROGRAM UNDER A LICENSED GENETIC COUNSELOR  OR  A  HEALTH  CARE
 PROFESSIONAL  LICENSED  PURSUANT  TO  THIS  TITLE IN ACCORDANCE WITH THE
 COMMISSIONER'S REGULATIONS; AND
   3. AN EMPLOYEE OF THE STATE DEPARTMENT OF HEALTH IN THE  PROVISION  OF
 EDUCATION REGARDING CONDITIONS INCLUDED ON THE NEWBORN SCREENING PANELS.
 NOTHING  IN  THIS  ARTICLE  SHALL BE CONSTRUED AS PROHIBITING COUNSELING
 SERVICES PROVIDED BY AN ATTORNEY, RAPE  CRISIS  COUNSELOR,  OR  PASTORAL
 COUNSELING  BY  A  CLERGY  MEMBER  WORKING WITHIN HIS OR HER MINISTERIAL
 CHARGE OF OBLIGATION.
   § 7055. LIMITED PERMITS.  LIMITED PERMITS MAY BE ISSUED BY THE DEPART-
 MENT TO AUTHORIZE THE PRACTICE OF THE PROFESSION UNDER A LICENSED GENET-
 IC COUNSELOR OR PHYSICIAN PURSUANT TO THE COMMISSIONER'S REGULATIONS:
   1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
 ALL QUALIFICATIONS FOR LICENSURE AS A GENETIC  COUNSELOR,  EXCEPT  THOSE
 RELATING TO THE EXAMINATION, IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS.
   2. LIMITED PERMITS SHALL BE FOR ONE YEAR. SUCH PERMITS MAY BE EXTENDED
 AT THE DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
   3.  THE  FEE  FOR  EACH  LIMITED  PERMIT AND FOR EACH RENEWAL SHALL BE
 SEVENTY DOLLARS.

 S. 5355                             4
 
   § 7056.   SPECIAL PROVISIONS. 1. (A)  ANY  INDIVIDUAL  WHO  MEETS  THE
 REQUIREMENTS FOR A LICENSE ESTABLISHED IN THIS ARTICLE, EXCEPT FOR EXAM-
 INATION,  EXPERIENCE  AND  EDUCATION, AND WHO IS CERTIFIED BY A NATIONAL
 CERTIFYING BODY HAVING CERTIFICATION STANDARDS ACCEPTABLE TO THE DEPART-
 MENT,  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 EFFEC-
 TIVE DATE OF THIS ARTICLE.
   (B) ANY INDIVIDUAL WHO MEETS THE REQUIREMENTS  FOR  A  LICENSE  ESTAB-
 LISHED  IN THIS ARTICLE, EXCEPT FOR EXAMINATION, MAY BE LICENSED WITHOUT
 EXAMINATION, PROVIDED THAT THE PERSON COMPLETED THE  EDUCATION  REQUIRE-
 MENT  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.
   2. THIS ARTICLE SHALL NOT PROHIBIT THE PRACTICE OF GENETIC  COUNSELING
 BY A LAWFULLY ORGANIZED BUSINESS ENTITY MEETING THE REQUIREMENTS AUTHOR-
 IZED BY THIS ARTICLE OR BY AN EMPLOYEE OR AGENT OF SUCH A BUSINESS ENTI-
 TY PROVIDED THAT SUCH PRACTICE IS PROVIDED BY A LICENSED GENETIC COUNSE-
 LOR  OR  PERSONS  EXEMPT UNDER THIS ARTICLE. VIOLATION OF THIS PROVISION
 SHALL BE SUBJECT TO THE PROVISIONS OF SECTION SIXTY-FIVE HUNDRED  TWELVE
 OF  THIS  TITLE. FOR THE PURPOSES OF THIS SUBDIVISION, "BUSINESS ENTITY"
 MEANS ANY LAWFULLY ESTABLISHED BUSINESS ENTITY,  OTHER  THAN  A  PROFES-
 SIONAL  SERVICE CORPORATION (PC), A PROFESSIONAL SERVICE LIMITED LIABIL-
 ITY COMPANY (PLLC) OR A REGISTERED LIMITED LIABILITY  PARTNERSHIP  (LLP)
 THAT  IS  AUTHORIZED  TO PRACTICE GENETIC COUNSELING UNDER NEW YORK LAW.
 PROVIDED FURTHER, THAT ANY SUCH BUSINESS ENTITY MUST:
   (A) HAVE REGISTERED AND BEEN APPROVED BY THE DEPARTMENT BEFORE PROVID-
 ING ANY SUCH SERVICES TO PATIENTS WHO RESIDE IN THIS STATE BY  PROVIDING
 THEIR NAME AND ADDRESS FOR SERVICE OF PROCESS.
   (B) SUBMIT AN APPLICATION TO THE DEPARTMENT WHICH SHALL:
   (I) BE MADE IN A MANNER AND FORM PRESCRIBED BY THE DEPARTMENT;
   (II)  INCLUDE  INFORMATION  AS  MAY  BE  REQUIRED BY THE DEPARTMENT TO
 ENSURE SAFE PRACTICE, INCLUDING, BUT NOT LIMITED TO, A CURRENT  LIST  OF
 GENETIC  COUNSELORS  LICENSED PURSUANT TO THIS ARTICLE WHO ARE EMPLOYEES
 OR AGENTS OF THE BUSINESS ENTITY AND  ARE  PROVIDING  SUCH  SERVICES  TO
 PATIENTS WHO RESIDE IN THE STATE; AND
   (III) BE ACCOMPANIED BY A FEE OF THREE HUNDRED FORTY-FIVE DOLLARS.
   (C)  SUBMIT ANNUALLY TO THE DEPARTMENT A CURRENT LIST OF GENETIC COUN-
 SELORS LICENSED PURSUANT TO THIS ARTICLE WHO ARE EMPLOYEES OR AGENTS  OF
 THE  BUSINESS  ENTITY  AND  ARE  PROVIDING SUCH SERVICES TO PATIENTS WHO
 RESIDE IN THE STATE.
   (D) NOT COMPENSATE THE LICENSED GENETIC COUNSELOR OR EXEMPT PERSON  IN
 A  MANNER THAT TAKES INTO ACCOUNT, DIRECTLY OR INDIRECTLY, THE VOLUME OR
 FINANCIAL VALUES OF GENETIC TESTS ORDERED.
   (E) ENSURE THE LICENSED GENETIC COUNSELOR OR EXEMPT PERSON PROVIDES  A
 FORM  TO  EACH  CLIENT  DISCLOSING  THE  NAME OF THE BUSINESS ENTITY AND
 INFORMS THE CLIENT OF HIS OR HER RIGHT TO UTILIZE AN ALTERNATIVE GENETIC
 COUNSELOR.
   (F) AS A CONDITION OF EMPLOYMENT, NOT REQUIRE A LICENSED GENETIC COUN-
 SELOR OR EXEMPT PERSON TO ORDER A CERTAIN TEST OR  TESTS,  OR  OTHERWISE
 DIRECT OR INFLUENCE PROFESSIONAL CONDUCT.
   3.  ALL BUSINESS ENTITY REGISTRATIONS SHALL BE RENEWED ON DATES SET BY
 THE DEPARTMENT. THE TRIENNIAL REGISTRATION  FEE  SHALL  BE  TWO  HUNDRED
 SIXTY  DOLLARS,  OR  A  PRORATED  PORTION  THEREOF  AS DETERMINED BY THE
 DEPARTMENT.

 S. 5355                             5
 
   4. SUCH BUSINESS ENTITY REGISTERED UNDER THIS SECTION SHALL  BE  UNDER
 THE  SUPERVISION  OF THE BOARD OF REGENTS AND SHALL BE SUBJECT TO DISCI-
 PLINARY PROCEEDINGS AND PENALTIES IN ACCORDANCE WITH ARTICLE ONE HUNDRED
 THIRTY OF THIS TITLE IN THE SAME MANNER AND TO THE SAME EXTENT AS  INDI-
 VIDUAL  LICENSEES.  PROVIDED  FURTHER,  THAT  FAILURE TO COMPLY WITH THE
 REQUIREMENTS OF THIS SECTION SHALL ALSO CONSTITUTE PROFESSIONAL  MISCON-
 DUCT.
   § 2. Severability. If any clause, sentence, paragraph, section or part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid and after exhaustion of  all  further  judicial  review,  the
 judgment  shall  not affect, impair or invalidate the remainder thereof,
 but shall be confined in its operation to the  clause,  sentence,  para-
 graph,  section or part of this act directly involved in the controversy
 in which the judgment shall have been rendered.
   § 3. This act shall take effect two years after it shall have become a
 law; provided, however, that the state education department  is  author-
 ized  to promulgate any and all rules and regulations and take any other
 measure necessary to implement this act, including, but not limited  to,
 the  appointment of board members pursuant to section 7052 of the educa-
 tion law, as added by section one of this act on or before  such  effec-
 tive date.