House
File
444
-
Introduced
HOUSE
FILE
444
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
77)
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
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(2)
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444
Section
1.
Section
147.1,
subsections
3
and
6,
Code
2017,
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
2017,
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
7
mental
health
counseling,
massage
therapy,
mortuary
science,
8
polysomnography,
athletic
training,
acupuncture,
nursing
9
home
administration,
or
sign
language
interpreting
or
10
transliterating,
or
shall
not
practice
as
a
physician
assistant
11
or
a
hearing
aid
specialist,
unless
the
person
has
obtained
a
12
license
for
that
purpose
from
the
board
for
the
profession.
13
Sec.
3.
Section
147.13,
subsection
1,
Code
2017,
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
2017,
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”
or
“licensed
22
genetic
counselor”
or
corresponding
abbreviations
after
the
23
person’s
name.
24
Sec.
5.
NEW
SECTION
.
148H.1
Definitions.
25
1.
“Active
candidate
status”
means
a
person
has
met
the
26
requirements
established
by
the
American
board
of
genetic
27
counseling
or
its
equivalent
or
successor
organization
to
28
take
the
American
board
of
genetic
counseling
certification
29
examination
in
general
genetics
and
genetic
counseling
or
its
30
equivalent
or
successor
examination
and
has
been
granted
this
31
designation
by
the
American
board
of
genetic
counseling
or
its
32
equivalent
or
successor
organization.
33
2.
“Board”
means
the
board
of
medicine.
34
3.
“Genetic
counseling”
means
the
provision
of
services
by
35
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444
an
individual
who
qualifies
for
a
license
under
this
chapter.
1
4.
“Genetic
counseling
intern”
means
a
student
enrolled
in
2
a
genetic
counseling
program
accredited
by
the
accreditation
3
council
for
genetic
counseling
or
its
equivalent
or
successor
4
organization,
the
American
board
of
medical
genetics
and
5
genomics
or
its
equivalent
or
successor
organization.
6
5.
“Genetic
counselor”
means
an
individual
who
is
licensed
7
under
this
chapter
to
engage
in
the
practice
of
genetic
8
counseling.
9
6.
“Qualified
supervisor”
means
any
person
who
is
a
genetic
10
counselor
licensed
under
this
chapter,
a
physician
licensed
11
under
chapter
148,
or
an
advanced
registered
nurse
practitioner
12
licensed
under
chapter
152.
13
7.
“Supervision”
means
supervision
by
a
qualified
supervisor
14
who
has
the
overall
responsibility
of
assessing
the
work
of
15
a
provisional
licensee,
provided
that
an
annual
supervision
16
contract
signed
by
the
qualified
supervisor
and
the
provisional
17
licensee
is
on
file
with
both
parties.
“Supervision”
does
18
not
require
the
qualified
supervisor’s
presence
during
the
19
performance
of
services.
20
Sec.
6.
NEW
SECTION
.
148H.2
Scope
of
practice.
21
A
person
licensed
under
this
chapter
may
do
any
of
the
22
following:
23
1.
Obtain
and
evaluate
individual,
family,
and
medical
24
histories
to
determine
genetic
risk
for
genetic
and
medical
25
conditions
and
diseases
in
a
patient,
the
patient’s
offspring,
26
and
other
family
members.
27
2.
Discuss
the
features,
history,
means
of
diagnosis,
28
genetic
and
environmental
factors,
and
management
of
risk
for
29
genetic
and
medical
conditions
and
diseases.
30
3.
Identify,
order,
and
coordinate
genetic
laboratory
tests
31
and
other
diagnostic
studies
as
appropriate
for
the
genetic
32
assessment
of
a
patient.
33
4.
Refer
a
patient
to
a
specialty
or
subspecialty
department
34
as
necessary
for
the
purpose
of
collaborating
on
diagnosis
and
35
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444
treatment
involving
multiple
body
systems
and
general
medical
1
management.
2
5.
Integrate
genetic
laboratory
test
results
and
other
3
diagnostic
studies
with
personal
and
family
medical
history
to
4
assess
and
communicate
risk
factors
for
genetic
and
medical
5
conditions
and
diseases.
6
6.
Explain
the
clinical
implications
of
genetic
laboratory
7
tests
and
other
diagnostic
studies
and
their
results.
8
7.
Evaluate
the
responses
of
a
patient
or
patient’s
9
family
to
the
condition
or
risk
of
recurrence
and
provide
10
patient-centered
genetic
counseling
and
anticipatory
guidance.
11
8.
Identify
and
utilize
community
resources
that
provide
12
medical,
educational,
financial,
and
psychosocial
support
and
13
advocacy.
14
9.
Provide
written
documentation
of
medical,
genetic,
15
and
counseling
information
for
families
and
health
care
16
professionals.
17
Sec.
7.
NEW
SECTION
.
148H.3
Qualifications
for
licensure
——
18
provisional
licensure
——
fees.
19
1.
Each
applicant
for
licensure
under
this
chapter
shall:
20
a.
Submit
an
application
form
as
prescribed
by
the
board.
21
b.
Pay
a
licensing
fee
as
determined
by
the
board.
22
c.
Provide
satisfactory
evidence
of
certification
as
a
23
genetic
counselor
by
the
American
board
of
genetic
counseling
24
or
its
equivalent
or
successor
organization,
the
American
board
25
of
medical
genetics
and
genomics
or
its
equivalent
or
successor
26
organization,
or
as
a
medical
geneticist
by
the
American
board
27
of
medical
genetics
and
genomics
or
its
equivalent
or
successor
28
organization.
29
2.
A
license
shall
be
issued
for
a
two-year
period
upon
30
payment
of
the
licensing
fee
and
shall
be
renewed
upon
the
31
filing
of
a
renewal
application
and
renewal
fee
as
prescribed
32
by
the
board.
33
3.
A
licensee
shall
maintain
active
certification
as
a
34
genetic
counselor
by
the
American
board
of
genetic
counseling
35
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444
or
its
equivalent
or
successor
organization,
the
American
board
1
of
medical
genetics
and
genomics
or
its
equivalent
or
successor
2
organization,
or
as
a
medical
geneticist
by
the
American
3
board
of
medical
genetics
and
genomics,
or
its
equivalent
or
4
successor
organization.
5
4.
a.
The
board
may
issue
a
provisional
license
to
an
6
applicant
who
meets
all
of
the
requirements
for
licensure
7
except
for
the
certification
component
and
who
has
been
granted
8
active
candidate
status
by
the
American
board
of
genetic
9
counseling
or
its
equivalent
or
successor
organization.
10
b.
The
applicant
shall
submit
a
provisional
license
11
application
form
prescribed
by
the
board
and
pay
a
fee
as
12
determined
by
the
board.
13
c.
A
provisional
license
shall
expire
upon
the
earlier
of
14
issuance
of
a
full
license
by
the
board
or
the
loss
of
active
15
candidate
status
from
the
American
board
of
genetic
counseling
16
or
its
equivalent
or
successor
organization
by
the
holder
of
17
the
provisional
license.
18
d.
A
person
with
a
provisional
license
shall
only
practice
19
genetic
counseling
under
the
supervision
of
a
qualified
20
supervisor.
21
5.
The
fees
established
and
collected
by
the
board
22
pursuant
to
this
section
shall
be
sufficient
to
administer
the
23
provisions
of
this
chapter.
24
Sec.
8.
NEW
SECTION
.
148H.4
Scope
of
chapter.
25
This
chapter
shall
not
be
construed
to
apply
to
any
of
the
26
following:
27
1.
A
physician
or
surgeon
or
an
osteopathic
physician
or
28
surgeon
licensed
under
chapter
148,
a
registered
nurse
or
an
29
advanced
registered
nurse
practitioner
licensed
under
chapter
30
152,
a
physician
assistant
licensed
under
chapter
148C,
or
31
other
persons
licensed
under
chapter
147
when
acting
within
the
32
scope
of
the
person’s
profession
and
doing
work
of
a
nature
33
consistent
with
the
person’s
education
and
training.
34
2.
A
person
who
is
certified
by
the
American
board
of
35
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medical
genetics
and
genomics
or
its
equivalent
or
successor
1
organization
as
a
doctor
of
philosophy
and
is
not
a
genetic
2
counselor
licensed
pursuant
to
this
chapter.
3
3.
A
person
employed
as
a
genetic
counselor
by
the
federal
4
government
or
an
agency
thereof
if
the
person
provides
genetic
5
counseling
services
solely
under
the
direction
and
control
of
6
the
entity
by
which
the
person
is
employed.
7
4.
A
genetic
counseling
intern.
8
Sec.
9.
NEW
SECTION
.
148H.5
Continuing
education.
9
An
applicant
for
renewal
of
a
license
under
this
chapter
10
shall
submit
satisfactory
evidence
to
the
board
that
in
the
11
period
since
the
license
was
issued
or
last
renewed,
the
12
applicant
has
completed
thirty
hours
of
national
society
of
13
genetic
counselors
or
its
equivalent
or
successor
organization
14
or
American
board
of
medical
genetics
and
genomics
or
its
15
equivalent
or
successor
organization
continuing
education
units
16
as
approved
by
the
board.
17
Sec.
10.
NEW
SECTION
.
148H.6
Rules
——
authority
of
board.
18
The
board
shall
adopt
rules
consistent
with
this
chapter
and
19
chapters
147
and
148
which
are
necessary
for
the
performance
20
of
its
duties
under
this
chapter.
The
board
may
consult
with
21
genetic
counselors
during
an
investigative
or
disciplinary
22
proceeding
as
it
deems
necessary.
23
Sec.
11.
NEW
SECTION
.
148H.7
Licensee
discipline.
24
1.
In
addition
to
the
grounds
for
revocation
or
suspension
25
referred
to
in
section
147.55
and
in
accordance
with
the
26
disciplinary
process
established
for
the
board
by
section
27
148.6,
the
board
may
discipline
a
person
licensed
under
this
28
chapter
who
is
guilty
of
any
of
the
following
acts
or
offenses:
29
a.
Conviction
of
a
felony
under
state
or
federal
law
or
30
commission
of
any
other
offense
involving
moral
turpitude.
31
b.
Having
been
adjudged
mentally
ill
or
incompetent
by
a
32
court
of
competent
jurisdiction.
33
c.
Engaging
in
unethical
or
unprofessional
conduct
including
34
but
not
limited
to
negligence
or
incompetence
in
the
course
of
35
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professional
practice.
1
d.
Violating
any
lawful
order,
rule,
or
regulation
rendered
2
or
adopted
by
the
board.
3
e.
Having
been
refused
issuance
of
or
disciplined
in
4
connection
with
a
license
issued
by
any
other
jurisdiction.
5
2.
A
genetic
counselor
whose
license
is
suspended
or
revoked
6
or
whose
surrender
of
license
with
or
without
prejudice
has
7
been
accepted
by
the
board
shall
promptly
deliver
the
original
8
license
to
the
board.
9
3.
A
provisional
licensee
who
loses
active
candidate
status
10
with
the
American
board
of
genetic
counseling
or
its
equivalent
11
or
successor
organization
shall
surrender
the
provisional
12
license
to
the
board
immediately.
13
Sec.
12.
EFFECTIVE
DATE
AND
IMPLEMENTATION.
This
Act
shall
14
take
effect
January
1,
2018,
except
that
the
board
of
medicine
15
may
begin
implementation
prior
to
that
date,
to
the
extent
16
necessary
to
fully
implement
the
provisions
providing
for
the
17
licensure
of
genetic
counselors
by
January
1,
2018.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
provides
for
the
licensure
of
genetic
counselors.
22
Under
the
bill,
the
board
of
medicine
would
be
responsible
23
for
the
licensure,
discipline,
and
rulemaking
relating
to
the
24
practice
of
genetic
counseling.
The
bill
establishes
a
scope
25
of
practice
for
genetic
counselors,
provides
requirements
for
26
licensure
and
continuing
education,
and
includes
licensee
27
discipline
provisions.
The
bill
provides
that
persons
not
28
licensed
under
the
bill,
but
who
refer
to
themselves
as
genetic
29
counselors
or
use
other
similar
terms
or
abbreviations
shall
30
be
guilty
of
a
simple
misdemeanor.
A
simple
misdemeanor
is
31
punishable
by
confinement
for
no
more
than
30
days
or
a
fine
of
32
at
least
$65
but
not
more
than
$625
or
by
both.
33
The
bill
takes
effect
January
1,
2018,
except
that
the
board
34
of
medicine
may
begin
implementation
before
that
date.
35
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