S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3552
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 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. Legislative intent and findings. The legislature finds that
 while significant steps have been taken through legislation in  response
 to  the  COVID-19  crisis  in  New York State, much more must be done to
 combat the continued threat to public health  and  safety  presented  by
 COVID-19 and future pandemics including identifying risk factors, devel-
 oping responses, and increasing access to treatment.
   The  legislature intends to build on the initial efforts of the execu-
 tive and legislature in responding to the COVID-19 crisis by recognizing
 the significant role genetic  counselors  play  in  identifying  genetic
 variants  through  predictive  testing, investigating underlying genomic
 susceptibilities and deciphering complex testing infrastructures, culmi-
 nating in the critical counseling of patients and educating other health
 care providers.
   The legislature finds that the state's mission to ensure  preparedness
 against  future  health  crises  through  data collection, research, and
 access to safe care will be advanced through the  licensure  of  genetic
 counselors  and  the active engagement of these uniquely trained practi-
 tioners and researchers in the making of informed personal  health  care
 decisions and the development of effective health care policies.
   §  2. The education law is amended by adding a new article 142 to read
 as follows:
                                ARTICLE 142
                            GENETIC COUNSELING
 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.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00935-01-3
 S. 3552                             2
 
         7054. EXEMPT PERSONS.
         7055. LIMITED PERMITS.
         7056. SPECIAL PROVISIONS.
   § 7050. INTRODUCTION. THIS ARTICLE APPLIES TO THE LICENSING OF GENETIC
 COUNSELORS.  THE  GENERAL  PROVISIONS  FOR  ALL PROFESSIONS CONTAINED IN
 ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
   § 7051. PRACTICE OF GENETIC COUNSELING AND USE OF THE  TITLE  "GENETIC
 COUNSELOR".  1.  THE  "PRACTICE  OF  GENETIC  COUNSELING" SHALL MEAN THE
 COMMUNICATION TO AND EDUCATION OF HUMAN CLIENTS, THEIR  FAMILIES,  OTHER
 HEALTH  CARE PROFESSIONALS AND THE GENERAL PUBLIC WITH REGARD TO GENETIC
 TESTING, INDIVIDUAL FAMILY HISTORIES, OR OTHER GENETIC, PERSONAL MEDICAL
 HISTORY, AND TECHNICAL INFORMATION ASSOCIATED WITH THE OCCURRENCE,  RISK
 OF  OCCURRENCE  OR  RECURRENCE,  OF A GENETIC OR HEREDITARY CONDITION OR
 BIRTH DEFECT.   A PRACTITIONER  OF  GENETIC  COUNSELING  SHALL  SEEK  TO
 PROMOTE  DECISION-MAKING  FOR  THEIR  CLIENT WHICH RESPECTS THE CLIENT'S
 CULTURE, LANGUAGE, TRADITION, LIFESTYLE, RELIGION, BELIEFS  AND  VALUES.
 GENETIC COUNSELING SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   (A)  OBTAIN AND EVALUATE PERSONAL AND FAMILY MEDICAL HISTORY TO DETER-
 MINE GENETIC RISK FOR GENETIC CONDITIONS AND DISEASES IN A HUMAN CLIENT,
 HIS OR HER OFFSPRING, AND OTHER FAMILY MEMBERS;
   (B) EDUCATE CLIENTS REGARDING THE MEANS TO ASSESS AND MANAGE RISK  FOR
 GENETIC CONDITIONS AND DISEASE;
   (C)  IDENTIFY  AND ORDER GENETIC LABORATORY TESTS AND COORDINATE OTHER
 DIAGNOSTIC STUDIES AS APPROPRIATE FOR THE GENETIC ASSESSMENT;
   (D) INTEGRATE GENETIC LABORATORY TEST  RESULTS  AND  OTHER  DIAGNOSTIC
 STUDIES  WITH PERSONAL AND FAMILY MEDICAL HISTORY TO ASSESS AND COMMUNI-
 CATE RISK FACTORS FOR GENETIC CONDITIONS;
   (E) EXPLAIN TO A CLIENT THE CLINICAL IMPLICATIONS OF GENETIC LABORATO-
 RY TESTS AND OTHER DIAGNOSTIC STUDIES AND THEIR RESULTS; AND
   (F) MAINTAIN WRITTEN DOCUMENTATION OF THE GENETIC COUNSELING  SERVICES
 PERFORMED FOR CLIENTS AND HEALTH CARE PROFESSIONALS.
   2.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AUTHORIZE A LICENSED
 GENETIC  COUNSELOR  TO  DIAGNOSE OR TREAT ANY GENETIC DISEASE OR MEDICAL
 CONDITION, PRACTICE PSYCHOTHERAPY, OR PRACTICE ANY OTHER PROFESSION THAT
 IS LICENSED UNDER THIS TITLE.  THIS INCLUDES, BUT MAY NOT BE LIMITED TO,
 THE FOLLOWING:
   (A) PRESCRIBE OR ADMINISTER DRUGS AS DEFINED IN THIS CHAPTER OR  AS  A
 TREATMENT,  THERAPY,  OR PROFESSIONAL SERVICES IN THE PRACTICE OF HIS OR
 HER PROFESSION;
   (B) USE INVASIVE PROCEDURES AS A TREATMENT, THERAPY,  OR  PROFESSIONAL
 SERVICE  IN  THE  PRACTICE OF HIS OR HER PROFESSION. FOR THE PURPOSES OF
 THIS SUBDIVISION, "INVASIVE PROCEDURE"  MEANS  ANY  PROCEDURE  IN  WHICH
 HUMAN  TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR
 OTHER MEANS. INVASIVE PROCEDURES SHALL INCLUDE SURGERY, LASERS, IONIZING
 RADIATION, THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY; OR
   (C) PROVIDE PSYCHOTHERAPY AS DEFINED IN  SUBDIVISION  TWO  OF  SECTION
 EIGHTY-FOUR HUNDRED ONE OF THIS TITLE.
   3.  IF  IN THE COURSE OF PROVIDING GENETIC COUNSELING TO ANY CLIENT, A
 GENETIC COUNSELOR FINDS ANY INDICATION OF DISEASE OR CONDITION THAT  MAY
 REQUIRE  MEDICAL  ASSESSMENT,  THE  GENETIC  COUNSELOR  SHALL REFER THAT
 CLIENT TO A LICENSED PHYSICIAN, OR AS APPROPRIATE, ANOTHER  HEALTH  CARE
 PROFESSIONAL LICENSED PURSUANT TO THIS TITLE.
   4.  ONLY A PERSON LICENSED OR EXEMPT UNDER THIS ARTICLE SHALL PRACTICE
 GENETIC COUNSELING. ONLY A PERSON LICENSED UNDER THIS ARTICLE SHALL  USE
 THE  TITLE  "LICENSED  GENETIC  COUNSELOR"  AND USE THE LETTERS "L.G.C."
 AFTER HIS OR HER NAME OR ANY WORDS OR LETTERS, ABBREVIATIONS OR INSIGNIA
 S. 3552                             3
 
 INDICATING OR IMPLYING THAT A PERSON IS LICENSED PURSUANT TO THIS  ARTI-
 CLE.
   5.  THE  PROVISIONS  OF  THIS  ARTICLE SHALL NOT PROHIBIT ANY LICENSED
 GENETIC COUNSELOR EMPLOYED BY ANY ORGANIZATION OR ENTITY WHO IS  PROVID-
 ING  OCCASIONAL  SERVICES FROM ENGAGING IN THE PRACTICE OF GENETIC COUN-
 SELING, SUBJECT TO THE LIMITATIONS  PRESCRIBED  BY  THE  DEPARTMENT,  IN
 CONSULTATION  WITH  THE  STATE  BOARD  FOR  GENETIC  COUNSELING  AND THE
 PROVISION OF SUCH OCCASIONAL SERVICES SHALL BE  DEEMED  NOT  TO  BE  THE
 PRACTICE  OF  A  PROFESSION  FOR PURPOSES OF ALL APPLICABLE PARTNERSHIP,
 CORPORATION OR LIMITED LIABILITY COMPANY LAWS AND REGULATIONS.
   § 7052. STATE BOARD FOR GENETIC  COUNSELING.  1.  A  STATE  BOARD  FOR
 GENETIC  COUNSELING  SHALL BE APPOINTED BY THE BOARD OF REGENTS UPON THE
 RECOMMENDATION OF THE COMMISSIONER, PRIOR TO THE EFFECTIVE DATE OF  THIS
 ARTICLE,  AND  SHALL  ASSIST  ON  MATTERS  OF PROFESSIONAL LICENSING AND
 PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT
 OF THIS TITLE. MEMBERS OF THE FIRST BOARD NEED NOT BE LICENSED PRIOR  TO
 THEIR  APPOINTMENT  TO  SUCH  BOARD. AN EXECUTIVE SECRETARY TO THE BOARD
 SHALL BE APPOINTED BY THE BOARD OF  REGENTS  ON  RECOMMENDATION  OF  THE
 COMMISSIONER.
   2. THE BOARD SHALL CONSIST OF SEVEN INDIVIDUALS, TO BE COMPOSED OF THE
 FOLLOWING:
   (A) FIVE LICENSED GENETIC COUNSELORS,
   (B) ONE LICENSED PHYSICIAN, AND
   (C)  A  PUBLIC REPRESENTATIVE AS DEFINED IN PARAGRAPH B OF SUBDIVISION
 ONE OF SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE.
   3. BOARD MEMBERS SHALL BE APPOINTED FOR TERMS OF FIVE YEARS. THE TERMS
 OF THE FIRST APPOINTED MEMBERS SHALL BE STAGGERED SO  THAT  TWO  MEMBERS
 ARE  APPOINTED  FOR  THREE  YEARS,  THREE MEMBERS ARE APPOINTED FOR FOUR
 YEARS AND TWO MEMBERS ARE APPOINTED FOR FIVE YEARS.
   § 7053. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
 LICENSE  AS  A  "LICENSED GENETIC COUNSELOR", AN APPLICANT SHALL FULFILL
 THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE RECEIVED A MASTER'S DEGREE  OR  HIGHER  IN  GENETIC
 COUNSELING  OR  HUMAN  GENETICS FROM A PROGRAM REGISTERED BY THE DEPART-
 MENT, OR DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL  EQUIVALENT,
 IN  ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.  APPROPRIATE COURSE-
 WORK SHALL BE DETERMINED IN ACCORDANCE  WITH  THE  COMMISSIONER'S  REGU-
 LATIONS ON RECOMMENDATIONS OF THE STATE BOARD FOR GENETIC COUNSELING;
   3. EXPERIENCE: EXPERIENCE ACCEPTABLE TO THE DEPARTMENT;
   4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE DEPARTMENT AND
 IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   6.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT;
   7. FEES: PAY A FEE OF THREE HUNDRED DOLLARS TO THE DEPARTMENT  FOR  AN
 INITIAL  LICENSE  AND  TWO HUNDRED DOLLARS FOR EACH SUBSEQUENT TRIENNIAL
 RE-REGISTRATION OF A LICENSE.
   § 7054. EXEMPT PERSONS. 1.  SO LONG AS THE PERSON DOES NOT HOLD HIM OR
 HERSELF OUT TO THE PUBLIC AS A GENETIC COUNSELOR, THE PROVISIONS OF THIS
 ARTICLE SHALL NOT APPLY TO:
   A. A LICENSED HEALTH CARE PROFESSIONAL LICENSED UNDER THIS  TITLE  WHO
 IS PRACTICING WITHIN THE SCOPE OF PRACTICE AS DEFINED IN THIS TITLE;
   B. A STUDENT OR INTERN ENROLLED IN A MASTER'S OR HIGHER PROGRAM REGIS-
 TERED  OR  APPROVED  BY  THE  DEPARTMENT  WHERE THE STUDENT OR INTERN IS
 ENGAGED IN ACTIVITIES CONSTITUTING  THE  PRACTICE  OF  A  PROFESSION  AS
 S. 3552                             4
 
 DEFINED  IN  THIS  TITLE, WHOSE SCOPE OF PRACTICE INCLUDES GENETIC COUN-
 SELING; PROVIDED, HOWEVER, SUCH ACTIVITIES SHALL BE PART OF A SUPERVISED
 TRAINING PROGRAM UNDER A LICENSED GENETIC COUNSELOR  OR  AN  APPROPRIATE
 HEALTH  CARE  PROFESSIONAL LICENSED PURSUANT TO THIS TITLE IN ACCORDANCE
 WITH THE COMMISSIONER'S REGULATIONS; AND
   C. AN EMPLOYEE OF THE STATE DEPARTMENT OF HEALTH IN THE  PROVISION  OF
 EDUCATION REGARDING CONDITIONS INCLUDED ON THE NEWBORN SCREENING PANELS.
   2.  NOTHING  IN  THIS  ARTICLE SHALL BE CONSTRUED AS PROHIBITING COUN-
 SELING SERVICES PROVIDED BY AN ATTORNEY WITHIN HIS OR  HER  USUAL  PRAC-
 TICE,  RAPE  CRISIS COUNSELOR WITHIN HIS OR HER USUAL COUNSELING DUTIES,
 OR PASTORAL COUNSELING BY A CLERGY MEMBER  WORKING  WITHIN  HIS  OR  HER
 MINISTERIAL CHARGE OF OBLIGATION.
   § 7055. LIMITED PERMITS.  LIMITED PERMITS MAY BE ISSUED BY THE DEPART-
 MENT TO AUTHORIZE THE PRACTICE OF THE PROFESSION UNDER A LICENSED GENET-
 IC COUNSELOR OR PHYSICIAN PURSUANT TO THE COMMISSIONER'S REGULATIONS:
   1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
 ALL  QUALIFICATIONS  FOR  LICENSURE AS A GENETIC COUNSELOR, EXCEPT THOSE
 RELATING TO THE EXAMINATION  AND  EXPERIENCE,  IN  ACCORDANCE  WITH  THE
 COMMISSIONER'S REGULATIONS.
   2. LIMITED PERMITS SHALL BE FOR ONE YEAR. SUCH PERMITS MAY BE EXTENDED
 AT THE DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
   3.  THE  FEE  FOR  EACH  LIMITED  PERMIT AND FOR EACH RENEWAL SHALL BE
 SEVENTY DOLLARS.
   § 7056.  SPECIAL PROVISIONS. 1. ANY INDIVIDUAL WHO MEETS THE  REQUIRE-
 MENTS FOR A LICENSE ESTABLISHED IN THIS ARTICLE, EXCEPT FOR EXAMINATION,
 EXPERIENCE  AND EDUCATION, AND WHO IS CERTIFIED BY A NATIONAL CERTIFYING
 BODY HAVING CERTIFICATION STANDARDS ACCEPTABLE TO THE DEPARTMENT, MAY BE
 LICENSED WITHOUT MEETING  ADDITIONAL  REQUIREMENTS  AS  TO  EXAMINATION,
 EXPERIENCE,  OR  EDUCATION,  PROVIDED  THAT  SUCH  INDIVIDUAL SUBMITS AN
 APPLICATION TO THE DEPARTMENT WITHIN TWO YEARS OF THE EFFECTIVE DATE  OF
 THIS ARTICLE.
   2. ANY INDIVIDUAL WHO MEETS THE REQUIREMENTS FOR A LICENSE ESTABLISHED
 IN  THIS  ARTICLE, EXCEPT FOR EXAMINATION, MAY BE LICENSED WITHOUT EXAM-
 INATION, PROVIDED THAT THE PERSON COMPLETED  THE  EDUCATION  REQUIREMENT
 PRIOR  TO TWO THOUSAND EIGHT, SUBMITS EVIDENCE OF A MINIMUM OF TEN YEARS
 EMPLOYMENT AS A GENETIC COUNSELOR, SUBMITS EXPERIENCE ACCEPTABLE TO  THE
 DEPARTMENT AND SUBMITS AN APPLICATION TO THE DEPARTMENT WITHIN TWO YEARS
 OF THE EFFECTIVE DATE OF THIS ARTICLE.
   § 3. Severability. If any clause, sentence, paragraph, section or part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid and after exhaustion of  all  further  judicial  review,  the
 judgment  shall  not affect, impair or invalidate the remainder thereof,
 but shall be confined in its operation to the  clause,  sentence,  para-
 graph,  section or part of this act directly involved in the controversy
 in which the judgment shall have been rendered.
   § 4. This act shall take effect two years after it shall have become a
 law; provided, however, that the state education department  is  author-
 ized  to promulgate any and all rules and regulations and take any other
 measure necessary to implement this act, including, but not limited  to,
 the  appointment of board members pursuant to section 7052 of the educa-
 tion law, as added by section two of this act on or before  such  effec-
 tive date.