Senate
File
2250
-
Introduced
SENATE
FILE
2250
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
SSB
3143)
A
BILL
FOR
An
Act
providing
for
the
licensure
of
genetic
counselors,
1
making
penalties
applicable,
and
including
effective
date
2
and
implementation
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
6013SV
(2)
86
tr/nh
S.F.
2250
Section
1.
Section
147.1,
subsections
3
and
6,
Code
2016,
1
are
amended
to
read
as
follows:
2
3.
“Licensed”
or
“certified”
,
when
applied
to
a
physician
3
and
surgeon,
podiatric
physician,
osteopathic
physician
and
4
surgeon,
genetic
counselor,
physician
assistant,
psychologist,
5
chiropractor,
nurse,
dentist,
dental
hygienist,
dental
6
assistant,
optometrist,
speech
pathologist,
audiologist,
7
pharmacist,
physical
therapist,
physical
therapist
assistant,
8
occupational
therapist,
occupational
therapy
assistant,
9
orthotist,
prosthetist,
pedorthist,
respiratory
care
10
practitioner,
practitioner
of
cosmetology
arts
and
sciences,
11
practitioner
of
barbering,
funeral
director,
dietitian,
marital
12
and
family
therapist,
mental
health
counselor,
respiratory
13
care
and
polysomnography
practitioner,
polysomnographic
14
technologist,
social
worker,
massage
therapist,
athletic
15
trainer,
acupuncturist,
nursing
home
administrator,
hearing
16
aid
specialist,
or
sign
language
interpreter
or
transliterator
17
means
a
person
licensed
under
this
subtitle
.
18
6.
“Profession”
means
medicine
and
surgery,
podiatry,
19
osteopathic
medicine
and
surgery,
genetic
counseling,
practice
20
as
a
physician
assistant,
psychology,
chiropractic,
nursing,
21
dentistry,
dental
hygiene,
dental
assisting,
optometry,
speech
22
pathology,
audiology,
pharmacy,
physical
therapy,
physical
23
therapist
assisting,
occupational
therapy,
occupational
therapy
24
assisting,
respiratory
care,
cosmetology
arts
and
sciences,
25
barbering,
mortuary
science,
marital
and
family
therapy,
mental
26
health
counseling,
polysomnography,
social
work,
dietetics,
27
massage
therapy,
athletic
training,
acupuncture,
nursing
28
home
administration,
practice
as
a
hearing
aid
specialist,
29
sign
language
interpreting
or
transliterating,
orthotics,
30
prosthetics,
or
pedorthics.
31
Sec.
2.
Section
147.2,
subsection
1,
Code
2016,
is
amended
32
to
read
as
follows:
33
1.
A
person
shall
not
engage
in
the
practice
of
medicine
34
and
surgery,
podiatry,
osteopathic
medicine
and
surgery,
35
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genetic
counseling,
psychology,
chiropractic,
physical
1
therapy,
physical
therapist
assisting,
nursing,
dentistry,
2
dental
hygiene,
dental
assisting,
optometry,
speech
pathology,
3
audiology,
occupational
therapy,
occupational
therapy
4
assisting,
orthotics,
prosthetics,
pedorthics,
respiratory
5
care,
pharmacy,
cosmetology
arts
and
sciences,
barbering,
6
social
work,
dietetics,
marital
and
family
therapy
or
mental
7
health
counseling,
massage
therapy,
mortuary
science,
athletic
8
training,
acupuncture,
nursing
home
administration,
or
sign
9
language
interpreting
or
transliterating,
or
shall
not
practice
10
as
a
physician
assistant
or
a
hearing
aid
specialist,
unless
11
the
person
has
obtained
a
license
for
that
purpose
from
the
12
board
for
the
profession.
13
Sec.
3.
Section
147.13,
subsection
1,
Code
2016,
is
amended
14
to
read
as
follows:
15
1.
For
medicine
and
surgery,
osteopathic
medicine
and
16
surgery,
and
acupuncture,
and
genetic
counseling,
the
board
of
17
medicine.
18
Sec.
4.
Section
147.74,
Code
2016,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
23A.
A
genetic
counselor
licensed
under
21
chapter
148H
may
use
the
words
“genetic
counselor”,
“licensed
22
genetic
counselor”,
“gene
counselor”,
“genetic
consultant”,
23
“genetic
associate”
or
any
words,
letters,
abbreviations,
or
24
insignia
indicating
that
the
person
holds
a
genetic
counseling
25
license
after
the
person’s
name.
26
Sec.
5.
NEW
SECTION
.
148H.1
Definitions.
27
1.
“Active
candidate
status”
means
a
person
has
met
the
28
requirements
established
by
the
American
board
of
genetic
29
counseling
to
take
the
American
board
of
genetic
counseling
30
certification
examination
in
general
genetics
and
genetic
31
counseling
and
has
been
granted
this
designation
by
the
32
American
board
of
genetic
counseling.
33
2.
“Advisory
committee”
means
the
genetic
counselor
advisory
34
committee
established
pursuant
to
this
chapter.
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3.
“Board”
means
the
board
of
medicine.
1
4.
“Genetic
counseling”
means
the
provision
of
services
by
2
an
individual
who
qualifies
for
a
license
under
this
chapter.
3
5.
“Genetic
counseling
intern”
means
a
student
enrolled
in
a
4
genetic
counseling
program
accredited
by
the
American
board
of
5
genetic
counseling
or
the
American
board
of
medical
genetics
6
and
genomics.
7
6.
“Genetic
counselor”
means
an
individual
who
is
licensed
8
under
this
chapter
to
engage
in
the
competent
practice
of
9
genetic
counseling.
10
7.
“Qualified
supervisor”
means
any
person
who
is
a
genetic
11
counselor
licensed
under
this
chapter,
a
physician
licensed
12
under
chapter
148,
or
a
nurse
practitioner
licensed
under
13
chapter
152.
14
8.
“Supervision”
means
supervision
by
a
qualified
supervisor
15
who
has
the
overall
responsibility
of
assessing
the
work
of
16
a
provisional
licensee,
provided
that
an
annual
supervision
17
contract
signed
by
the
qualified
supervisor
and
the
provisional
18
licensee
is
on
file
with
both
parties.
“Supervision”
does
19
not
require
the
qualified
supervisor’s
presence
during
the
20
performance
of
services.
21
Sec.
6.
NEW
SECTION
.
148H.2
Scope
of
practice.
22
A
person
licensed
under
this
chapter
may
do
any
of
the
23
following:
24
1.
Obtain
and
evaluate
individual,
family,
and
medical
25
histories
to
determine
genetic
risk
for
genetic
and
medical
26
conditions
and
diseases
in
a
patient,
the
patient’s
offspring,
27
and
other
family
members.
28
2.
Discuss
the
features,
history,
means
of
diagnosis,
29
genetic
and
environmental
factors,
and
management
of
risk
for
30
genetic
and
medical
conditions
and
diseases.
31
3.
Identify,
order,
and
coordinate
genetic
laboratory
tests
32
and
other
diagnostic
studies
as
appropriate
for
the
genetic
33
assessment
of
a
patient.
34
4.
Refer
a
patient
to
a
specialty
or
subspecialty
department
35
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as
necessary
for
the
purpose
of
collaborating
on
diagnosis
and
1
treatment
involving
multiple
body
systems
and
general
medical
2
management.
3
5.
Integrate
genetic
laboratory
test
results
and
other
4
diagnostic
studies
with
personal
and
family
medical
history
to
5
assess
and
communicate
risk
factors
for
genetic
and
medical
6
conditions
and
diseases.
7
6.
Explain
the
clinical
implications
of
genetic
laboratory
8
tests
and
other
diagnostic
studies
and
their
results.
9
7.
Evaluate
the
responses
of
a
patient
or
patient’s
10
family
to
the
condition
or
risk
of
recurrence
and
provide
11
patient-centered
counseling
and
anticipatory
guidance.
12
8.
Identify
and
utilize
community
resources
that
provide
13
medical,
educational,
financial,
and
psychosocial
support
and
14
advocacy.
15
9.
Provide
written
documentation
of
medical,
genetic,
16
and
counseling
information
for
families
and
health
care
17
professionals.
18
Sec.
7.
NEW
SECTION
.
148H.3
Qualifications
for
licensure
——
19
reciprocity
——
provisional
licensure.
20
1.
Each
applicant
for
licensure
under
this
chapter
shall:
21
a.
Submit
an
application
form
as
prescribed
by
the
board.
22
b.
Pay
a
licensing
fee
as
determined
by
the
board.
23
c.
Provide
satisfactory
evidence
of
certification
as
a
24
genetic
counselor
by
the
American
board
of
genetic
counseling
25
or
the
American
board
of
medical
genetics
and
genomics
or
as
a
26
medical
geneticist
by
the
American
board
of
medical
genetics.
27
2.
A
license
shall
be
issued
for
a
two-year
period
upon
28
payment
of
the
licensing
fee
and
shall
be
renewed
upon
the
29
filing
of
a
renewal
application
and
renewal
fee
as
prescribed
30
by
the
board.
31
3.
An
applicant
who
is
licensed
or
registered
under
the
32
laws
of
another
state
or
a
territory
or
jurisdiction
of
the
33
United
States,
which
in
the
opinion
of
the
board
imposes
34
substantially
the
same
licensing
requirements
as
this
chapter,
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may
be
licensed
pursuant
to
this
chapter.
1
4.
a.
The
board
may
issue
a
provisional
license
to
an
2
applicant
who
meets
all
of
the
requirements
for
licensure
3
except
for
the
certification
component
and
who
has
been
granted
4
active
candidate
status.
5
b.
The
applicant
shall
pay
a
fee
as
determined
by
the
board
6
upon
filing
of
an
application
prescribed
by
the
board
for
7
provisional
licensure.
8
c.
A
provisional
license
shall
expire
upon
the
earlier
of
9
issuance
of
a
full
license
by
the
board
or
the
loss
of
active
10
candidate
status
from
the
American
board
of
genetic
counseling
11
by
the
holder
of
the
provisional
license.
12
Sec.
8.
NEW
SECTION
.
148H.4
Scope
of
chapter.
13
This
chapter
shall
not
be
construed
to
apply
to
any
of
the
14
following:
15
1.
A
physician
or
surgeon
or
an
osteopathic
physician
or
16
surgeon
licensed
under
chapter
148,
a
registered
nurse
or
an
17
advanced
registered
nurse
practitioner
licensed
under
chapter
18
152,
or
a
physician
assistant
licensed
under
chapter
148C
when
19
acting
within
the
scope
of
the
person’s
profession
and
doing
20
work
of
a
nature
consistent
with
the
person’s
training.
21
2.
A
person
employed
as
a
genetic
counselor
by
the
federal
22
government
or
an
agency
thereof
if
such
person
provides
genetic
23
counseling
services
solely
under
the
direction
and
control
of
24
the
organization
by
which
the
person
is
employed.
25
3.
A
genetic
counseling
intern.
26
4.
A
genetic
counselor
visiting
from
outside
the
state
27
performing
activities
or
services
for
less
than
thirty
days
28
each
year.
A
visiting
genetic
counselor
shall
be
licensed
29
by
the
genetic
counselor’s
home
state
if
such
licensure
is
30
available
in
the
home
state.
31
Sec.
9.
NEW
SECTION
.
148H.5
Continuing
education.
32
1.
An
applicant
for
renewal
of
a
license
under
this
33
chapter
shall
submit
satisfactory
evidence
to
the
board
that
34
in
the
period
since
the
license
was
issued
or
last
renewed,
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the
applicant
has
completed
thirty
hours
of
national
society
1
of
genetic
counselors
or
American
board
of
medical
genetics
2
continuing
education
units
or
other
continuing
education
3
approved
by
the
board.
4
2.
The
board
shall
adopt
rules
to
allow
exceptions
to
the
5
requirements
in
subsection
1.
6
Sec.
10.
NEW
SECTION
.
148H.6
Duties
of
board.
7
The
board
shall
adopt
rules
consistent
with
this
chapter
and
8
chapters
147
and
148
which
are
necessary
for
the
performance
of
9
its
duties
under
this
chapter.
10
Sec.
11.
NEW
SECTION
.
148H.7
Advisory
committee.
11
1.
a.
Under
the
supervision
of
the
board,
there
shall
be
12
established
a
genetic
counselor
advisory
committee
consisting
13
of
five
persons
licensed
in
accordance
with
this
chapter.
14
b.
Advisory
committee
members
shall
be
appointed
by
the
15
board,
serve
terms
of
no
greater
than
four
consecutive
years,
16
and
be
residents
of
this
state.
An
advisory
committee
member
17
shall
not
be
appointed
to
more
than
two
consecutive
full
terms.
18
Advisory
committee
members
appointed
for
less
than
a
full
term
19
may
serve
two
full
terms
in
addition
to
such
part
of
a
full
20
term.
A
former
member
shall
be
eligible
for
appointment
after
21
a
lapse
of
one
year.
22
c.
The
advisory
committee
shall,
at
its
first
meeting
and
23
annually
thereafter,
organize
by
electing
from
its
membership
24
a
chairman,
a
vice
chairman,
and
a
secretary.
Those
officers
25
shall
serve
until
their
successors
are
elected
and
qualified.
26
d.
The
advisory
committee
shall
meet
at
least
twice
annually
27
and
shall
hold
additional
meetings
at
the
call
of
the
chair
or
28
at
such
times
as
may
be
determined
by
the
advisory
committee.
29
2.
The
duties
and
responsibilities
of
the
advisory
30
committee
shall
include
the
following:
31
a.
Draft
rules
as
are
necessary
to
enforce
this
chapter
for
32
review
and
adoption
by
the
board.
33
b.
Receive,
review,
and
recommend
to
the
board
the
approval
34
or
disapproval
of
applications
for
licensure,
renewal,
and
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reinstatement.
1
c.
Perform
such
other
functions
and
duties
as
may
be
2
required
to
carry
out
this
chapter.
3
3.
Advisory
committee
members
shall
serve
without
4
compensation
but
shall
be
reimbursed
for
actual
and
reasonable
5
expenses
incurred
in
the
performance
of
their
duties.
6
Sec.
12.
NEW
SECTION
.
148H.8
Licensee
discipline
——
license
7
revocation
or
suspension.
8
1.
In
addition
to
the
grounds
for
revocation
or
suspension
9
referred
to
in
section
147.55
and
in
accordance
with
the
10
disciplinary
process
established
for
the
board
by
section
11
148.6,
a
license
issued
under
this
chapter
shall
be
revoked
or
12
suspended
when
the
genetic
counselor
is
guilty
of
any
of
the
13
following
acts
or
offenses:
14
a.
Conviction
of
a
felony
under
state
or
federal
law
or
15
commission
of
any
other
offense
involving
moral
turpitude.
16
b.
Having
been
adjudged
mentally
ill
or
incompetent
by
a
17
court
of
competent
jurisdiction.
18
c.
Engaging
in
unethical
or
unprofessional
conduct
including
19
but
not
limited
to
negligence
or
incompetence
in
the
course
of
20
professional
practice.
21
d.
Violating
any
lawful
order,
rule,
or
regulation
rendered
22
or
adopted
by
the
board.
23
e.
Having
been
refused
issuance
of
or
disciplined
in
24
connection
with
a
license
issued
by
any
other
jurisdiction.
25
2.
A
genetic
counselor
whose
license
is
suspended
or
revoked
26
or
whose
surrender
of
license
with
or
without
prejudice
has
27
been
accepted
by
the
board
shall
promptly
deliver
the
original
28
license
to
the
board.
29
Sec.
13.
TRANSITION
PROVISIONS.
30
1.
Notwithstanding
section
147.16,
the
board
of
medicine
31
may
appoint,
as
the
initial
members
of
the
genetic
counselor
32
advisory
committee
created
in
section
148H.7,
individuals
who
33
have
been
certified
as
genetic
counselors
by
the
American
board
34
of
genetic
counseling
or
the
American
board
of
medical
genetics
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and
genomics
or
as
medical
geneticists
by
the
American
board
of
1
medical
genetics.
The
initial
members
shall
have
been
engaged
2
in
the
practice
of
genetic
counseling
for
not
less
than
five
3
years
before
being
appointed
by
the
board
of
medicine.
4
2.
Notwithstanding
section
148H.3,
subsection
1,
as
enacted
5
in
this
Act,
during
the
period
of
one
year
from
the
effective
6
date
of
rules
implementing
this
Act,
the
board
of
medicine
7
may
grant
a
license
to
practice
genetic
counseling
for
an
8
applicant
who
provides
documentation
satisfactory
to
the
board
9
that
the
applicant
is
certified
as
a
genetic
counselor
by
the
10
American
board
of
genetic
counseling
or
the
American
board
of
11
medical
genetics
and
genomics
or
as
a
medical
geneticist
by
the
12
American
board
of
medical
genetics
and
has
been
engaged
in
the
13
practice
of
genetic
counseling
for
not
less
than
five
years
at
14
the
time
of
the
effective
date
of
rules
adopted
by
the
board
to
15
implement
this
Act.
16
Sec.
14.
EFFECTIVE
DATE
AND
IMPLEMENTATION.
This
Act
shall
17
take
effect
January
1,
2017,
except
that
the
board
of
medicine
18
may
begin
implementation
prior
to
that
date,
to
the
extent
19
necessary
to
fully
implement
the
provisions
providing
for
the
20
licensure
of
genetic
counselors
by
January
1,
2017.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
provides
for
the
licensure
of
genetic
counselors.
25
Under
the
bill,
the
board
of
medicine
would
be
responsible
26
for
the
licensure,
discipline,
and
rulemaking
relating
to
the
27
practice
of
genetic
counseling.
The
bill
establishes
a
scope
28
of
practice
for
genetic
counselors,
provides
requirements
for
29
licensure
and
continuing
education,
and
includes
licensee
30
discipline
provisions.
The
bill
creates
a
genetic
counselor
31
advisory
committee
to
propose
rules
and
make
recommendations
32
on
licensure
to
the
board.
The
bill
provides
that
persons
not
33
licensed
under
the
bill,
but
who
refer
to
themselves
as
genetic
34
counselors
or
use
other
similar
terms
or
abbreviations
shall
35
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S.F.
2250
be
guilty
of
a
simple
misdemeanor.
A
simple
misdemeanor
is
1
punishable
by
confinement
for
no
more
than
30
days
or
a
fine
of
2
at
least
$65
but
not
more
than
$625
or
by
both.
3
The
bill
takes
effect
January
1,
2017,
except
that
the
board
4
of
medicine
may
begin
implementation
before
that
date.
5
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