| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the licensing and regulation of genetic counselors; |
|
|
requiring an occupational license; authorizing a fee. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 51.2031(a), Occupations Code, is amended |
|
|
to read as follows: |
|
|
(a) This section applies only to the regulation of the |
|
|
following professions by the department: |
|
|
(1) athletic trainers; |
|
|
(2) behavior analysts; |
|
|
(3) dietitians; |
|
|
(4) genetic counselors; |
|
|
(5) hearing instrument fitters and dispensers; |
|
|
(6) [(5)] midwives; |
|
|
(7) [(6)] orthotists and prosthetists; and |
|
|
(8) [(7)] speech-language pathologists and |
|
|
audiologists. |
|
|
SECTION 2. Subtitle I, Title 3, Occupations Code, is |
|
|
amended by adding Chapter 508 to read as follows: |
|
|
CHAPTER 508. LICENSED GENETIC COUNSELORS |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 508.001. SHORT TITLE. This chapter may be cited as the |
|
|
Licensed Genetic Counselor Act. |
|
|
Sec. 508.002. DEFINITIONS. In this chapter: |
|
|
(1) "Advisory board" means the Licensed Genetic |
|
|
Counselor Advisory Board. |
|
|
(2) "Certifying entity" means the American Board of |
|
|
Medical Genetics and Genomics, the American Board of Genetic |
|
|
Counseling, or another entity that is nationally accredited to |
|
|
issue credentials in the practice of genetic counseling and is |
|
|
approved by the department. |
|
|
(3) "Commission" means the Texas Commission of |
|
|
Licensing and Regulation. |
|
|
(4) "Department" means the Texas Department of |
|
|
Licensing and Regulation. |
|
|
(5) "Executive director" means the executive director |
|
|
of the department. |
|
|
(6) "Licensed genetic counselor" means a person |
|
|
licensed under this chapter to engage in the practice of genetic |
|
|
counseling. |
|
|
Sec. 508.003. PRACTICE OF GENETIC COUNSELING. (a) In this |
|
|
chapter, "practice of genetic counseling" means providing |
|
|
professional services described by Subsection (b) for compensation |
|
|
to communicate genetic information to an individual, family, group, |
|
|
or other entity: |
|
|
(1) on the documented referral by: |
|
|
(A) a physician licensed in this state; |
|
|
(B) a physician assistant licensed in this state; |
|
|
(C) an advanced practice registered nurse |
|
|
licensed in this state; or |
|
|
(D) a person acting under authority delegated |
|
|
under Subchapter A, Chapter 157; or |
|
|
(2) by a patient's self-referral. |
|
|
(b) The practice of genetic counseling: |
|
|
(1) consists of: |
|
|
(A) obtaining and evaluating individual, family, |
|
|
and medical histories to determine the risk for a genetic or medical |
|
|
condition or disease in a patient, the patient's offspring, or |
|
|
other family members of the patient; |
|
|
(B) discussing the features, natural history, |
|
|
means of diagnosis, genetic and environmental factors, and |
|
|
management of risk for a genetic or medical condition or disease; |
|
|
(C) identifying, coordinating, ordering, and |
|
|
explaining the results of genetic laboratory tests and other |
|
|
diagnostic studies as appropriate for genetic assessment; |
|
|
(D) integrating the results of laboratory tests |
|
|
and other diagnostic studies with medical histories to assess and |
|
|
communicate risk factors for a genetic or medical condition or |
|
|
disease; |
|
|
(E) evaluating a patient's or family member's |
|
|
response to a genetic or medical condition or disease, including |
|
|
the risk of recurrence, and providing patient-centered counseling |
|
|
and anticipatory guidance; |
|
|
(F) identifying and using community resources |
|
|
that provide medical, educational, financial, and psychosocial |
|
|
support and advocacy; and |
|
|
(G) providing written documentation of medical, |
|
|
genetic, and counseling information for a patient's family members |
|
|
and health care providers; and |
|
|
(2) does not include the diagnosis of disorders. |
|
|
Sec. 508.004. PRACTICE OF MEDICINE NOT AUTHORIZED. This |
|
|
chapter does not authorize the practice of medicine as defined by |
|
|
the law of this state. |
|
|
Sec. 508.005. APPLICABILITY; EXEMPTIONS. (a) This chapter |
|
|
does not apply to a physician licensed to practice medicine in this |
|
|
state unless the physician is a licensed genetic counselor. |
|
|
(b) A person may engage in the practice of genetic |
|
|
counseling without holding a license under this chapter if the |
|
|
person: |
|
|
(1) is licensed, certified, or registered to practice |
|
|
in this state in a health care-related occupation and: |
|
|
(A) acts within the occupation's scope of |
|
|
practice; and |
|
|
(B) does not use the title "genetic counselor" or |
|
|
represent or imply that the person is licensed as a genetic |
|
|
counselor under this chapter; |
|
|
(2) is a student or intern: |
|
|
(A) pursuing a course of study or engaged in a |
|
|
training program for an occupation regulated by this state and |
|
|
acting within the occupation's scope of practice; or |
|
|
(B) enrolled in a graduate-level supervised |
|
|
genetic counseling training program approved or accepted by the |
|
|
department and engaged in an activity constituting the practice of |
|
|
genetic counseling as a required part of the training program; or |
|
|
(3) is a genetic counselor who: |
|
|
(A) is certified by a certifying entity; |
|
|
(B) is not a resident of this state; |
|
|
(C) performs an activity or provides a service in |
|
|
this state for not more than 30 days during any year; and |
|
|
(D) meets any other requirement established by |
|
|
commission rule. |
|
|
(c) A student or intern described by Subsection (b)(2) |
|
|
includes a person who: |
|
|
(1) is trained as: |
|
|
(A) a genetic counselor and has applied to take |
|
|
the certification examination; or |
|
|
(B) a doctoral medical geneticist and has applied |
|
|
to take the certification examination; and |
|
|
(2) has not failed the certification examination more |
|
|
than twice. |
|
|
SUBCHAPTER B. LICENSED GENETIC COUNSELOR ADVISORY BOARD |
|
|
Sec. 508.051. LICENSED GENETIC COUNSELOR ADVISORY BOARD. |
|
|
(a) The advisory board consists of nine members appointed by the |
|
|
presiding officer of the commission with the approval of the |
|
|
commission, as follows: |
|
|
(1) six licensed genetic counselors, each of whom has |
|
|
at least two years of experience practicing genetic counseling as a |
|
|
genetic counselor and is: |
|
|
(A) licensed under this chapter; or |
|
|
(B) certified by a certifying entity; |
|
|
(2) one physician who has experience with genetic |
|
|
counseling; and |
|
|
(3) two members who represent the public. |
|
|
(b) Appointments to the advisory board shall be made without |
|
|
regard to the race, color, disability, sex, religion, age, or |
|
|
national origin of the appointee. |
|
|
Sec. 508.052. DUTIES OF ADVISORY BOARD. The advisory board |
|
|
shall provide advice and recommendations to the department on |
|
|
technical matters relevant to the administration of this chapter. |
|
|
Sec. 508.053. TERMS; VACANCY. (a) Members of the advisory |
|
|
board serve staggered six-year terms, with the terms of three |
|
|
members expiring February 1 of each odd-numbered year. |
|
|
(b) A member of the advisory board may not serve more than |
|
|
two consecutive six-year terms. |
|
|
(c) If a vacancy occurs during a term of a member of the |
|
|
advisory board, the presiding officer of the commission, with the |
|
|
commission's approval, shall appoint a replacement who meets the |
|
|
qualifications for the vacant position to serve for the remainder |
|
|
of the term. |
|
|
Sec. 508.054. PRESIDING OFFICER. The presiding officer of |
|
|
the commission shall designate a member of the advisory board to |
|
|
serve as the presiding officer of the advisory board for a term of |
|
|
two years. The presiding officer of the advisory board may vote on |
|
|
any matter before the advisory board. |
|
|
Sec. 508.055. MEETINGS. The advisory board shall meet as |
|
|
requested by the presiding officer of the commission or the |
|
|
executive director. |
|
|
Sec. 508.056. GROUNDS FOR REMOVAL. A member of the advisory |
|
|
board may be removed as provided by Section 51.209. |
|
|
Sec. 508.057. COMPENSATION; REIMBURSEMENT. (a) A member |
|
|
of the advisory board may not receive compensation for service on |
|
|
the advisory board. |
|
|
(b) A member of the advisory board is entitled to |
|
|
reimbursement for actual and necessary expenses incurred in |
|
|
performing functions as a member of the advisory board, subject to |
|
|
any applicable limitation on reimbursement provided by the General |
|
|
Appropriations Act. |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 508.101. GENERAL POWERS AND DUTIES. (a) The |
|
|
commission shall adopt rules consistent with this chapter for the |
|
|
administration and enforcement of this chapter. |
|
|
(b) The department shall: |
|
|
(1) administer and enforce this chapter; |
|
|
(2) evaluate the qualifications of license |
|
|
applicants; |
|
|
(3) provide for the examination of license applicants; |
|
|
(4) issue licenses; |
|
|
(5) in connection with a hearing under this chapter, |
|
|
issue subpoenas, examine witnesses, and administer oaths under the |
|
|
laws of this state; and |
|
|
(6) investigate persons engaging in practices that |
|
|
violate this chapter. |
|
|
Sec. 508.102. CONFIDENTIALITY OF COMPLAINT AND |
|
|
DISCIPLINARY INFORMATION. (a) Except as provided by Subsection |
|
|
(b), all information and materials subpoenaed or compiled by the |
|
|
department in connection with a complaint and investigation are |
|
|
confidential and not subject to disclosure under Chapter 552, |
|
|
Government Code, and not subject to disclosure, discovery, |
|
|
subpoena, or other means of legal compulsion for their release to |
|
|
anyone other than the department or its employees or agents |
|
|
involved in discipline of a license holder. |
|
|
(b) Information described by Subsection (a) may be |
|
|
disclosed in accordance with Chapter 51 to: |
|
|
(1) persons involved with the department in a |
|
|
disciplinary action against a license holder; |
|
|
(2) a respondent or the respondent's authorized |
|
|
representative; |
|
|
(3) a governmental agency, if: |
|
|
(A) the disclosure is required or permitted by |
|
|
law; and |
|
|
(B) the agency obtaining the disclosure protects |
|
|
the identity of any patient whose records are examined; |
|
|
(4) a professional genetic counselor licensing or |
|
|
disciplinary board in another jurisdiction; |
|
|
(5) peer assistance programs approved by the |
|
|
commission under Chapter 467, Health and Safety Code; |
|
|
(6) law enforcement agencies; and |
|
|
(7) persons engaged in bona fide research, if all |
|
|
individual-identifying information has been deleted. |
|
|
(c) As provided by Chapter 51, notices of alleged violations |
|
|
issued by the department, commission, or executive director, and |
|
|
final disciplinary actions, including warnings and reprimands, by |
|
|
the department, commission, or executive director are not |
|
|
confidential and are subject to disclosure in accordance with |
|
|
Chapter 552, Government Code. |
|
|
(d) Notwithstanding any other law, the requirements of |
|
|
Chapter 51 related to the confidentiality of complaint and |
|
|
investigation information for a health-related program are |
|
|
applicable to complaint and investigation information under this |
|
|
chapter. |
|
|
Sec. 508.103. STANDARDS OF ETHICAL PRACTICE. The |
|
|
commission shall adopt rules under this chapter that establish |
|
|
standards of ethical practice. |
|
|
Sec. 508.104. ASSISTANCE FILING COMPLAINT. The department, |
|
|
in accordance with Section 51.252, shall provide reasonable |
|
|
assistance to a person who wishes to file a complaint with the |
|
|
department regarding a person or activity regulated under this |
|
|
chapter. |
|
|
Sec. 508.105. FEES. The commission by rule shall set fees |
|
|
in amounts reasonable and necessary to cover the costs of |
|
|
administering this chapter. |
|
|
SUBCHAPTER D. LICENSING REQUIREMENTS |
|
|
Sec. 508.151. LICENSE REQUIRED. (a) Except as provided by |
|
|
Section 508.005, a person may not act as a genetic counselor or |
|
|
engage in the practice of genetic counseling in this state unless |
|
|
the person holds a license under this chapter. |
|
|
(b) Except as provided by Section 508.005, unless a person |
|
|
holds a license under this chapter, the person may not: |
|
|
(1) use the title or represent or imply that the person |
|
|
has the title "genetic counselor," "certified genetic counselor," |
|
|
"licensed genetic counselor," "gene counselor," "genetic |
|
|
consultant," or "genetic associate"; or |
|
|
(2) use any other word, abbreviation, or insignia |
|
|
indicating or implying that the person is a licensed genetic |
|
|
counselor. |
|
|
(c) This chapter may not be construed to prohibit a |
|
|
physician or an employee or other person acting under a physician's |
|
|
delegated authority from representing to a patient or the public |
|
|
that the physician, employee, or person provides genetic |
|
|
counseling. |
|
|
Sec. 508.152. LICENSE APPLICATION. An applicant for a |
|
|
license must: |
|
|
(1) submit an application in the manner and on a form |
|
|
prescribed by the department; |
|
|
(2) successfully complete a state-approved criminal |
|
|
background check; and |
|
|
(3) pay the application fee set by the commission. |
|
|
Sec. 508.153. LICENSE ELIGIBILITY. To be eligible for a |
|
|
genetic counselor license, a license applicant must present |
|
|
evidence to the department that the applicant: |
|
|
(1) has passed an examination by a certifying entity |
|
|
or an equivalent examination in genetic counseling approved by the |
|
|
department; |
|
|
(2) is currently certified by a certifying entity in |
|
|
genetic counseling or medical genetics; |
|
|
(3) has met the educational requirements of a |
|
|
certifying entity, which must include a master's degree in genetic |
|
|
counseling or medical genetics or an equivalent educational |
|
|
standard adopted by the certifying entity; |
|
|
(4) is in compliance with all professional, ethical, |
|
|
and disciplinary standards established by the certifying entity; |
|
|
and |
|
|
(5) is not subject to any disciplinary action by the |
|
|
certifying entity. |
|
|
Sec. 508.154. ISSUANCE OF LICENSE. The department shall |
|
|
issue a genetic counselor license to an applicant who: |
|
|
(1) complies with the requirements of this chapter; |
|
|
(2) meets any additional requirements the commission |
|
|
establishes by rule; and |
|
|
(3) pays the required fees. |
|
|
Sec. 508.155. TERM. A license issued under this chapter |
|
|
expires on the second anniversary of the date of issuance. |
|
|
Sec. 508.156. RENEWAL. Before the expiration of a license, |
|
|
a license may be renewed by: |
|
|
(1) submitting an application for renewal; |
|
|
(2) paying the renewal fee imposed by the commission; |
|
|
and |
|
|
(3) providing verification to the department of |
|
|
continued certification by a certifying entity, which signifies |
|
|
that the applicant for renewal has met any continuing education |
|
|
requirements established by the certifying entity. |
|
|
SUBCHAPTER E. DISCIPLINARY PROCEDURES |
|
|
Sec. 508.201. GROUNDS FOR DISCIPLINARY ACTION. In |
|
|
accordance with Section 51.353, the commission or executive |
|
|
director may deny, revoke, or suspend a license, refuse to renew a |
|
|
license, place on probation a person whose license has been |
|
|
suspended, or reprimand a license holder for a violation of this |
|
|
chapter, a rule adopted under this chapter, or an order of the |
|
|
commission or executive director. |
|
|
SUBCHAPTER F. ENFORCEMENT PROCEDURES |
|
|
Sec. 508.251. ENFORCEMENT PROCEEDINGS. The commission, |
|
|
department, or executive director may enforce this chapter, a rule |
|
|
adopted under this chapter, or an order of the commission or |
|
|
executive director as provided by Subchapters F and G, Chapter 51. |
|
|
SECTION 3. (a) As soon as practicable after the effective |
|
|
date of this Act, the presiding officer of the Texas Commission of |
|
|
Licensing and Regulation shall appoint nine members to the Licensed |
|
|
Genetic Counselor Advisory Board in accordance with Chapter 508, |
|
|
Occupations Code, as added by this Act. In making the initial |
|
|
appointments, the presiding officer of the commission shall |
|
|
designate three members for terms expiring February 1, 2025, three |
|
|
members for terms expiring February 1, 2027, and three members for |
|
|
terms expiring February 1, 2029. |
|
|
(b) Notwithstanding Section 508.051, Occupations Code, as |
|
|
added by this Act, a person who meets the requirements of Section |
|
|
508.153, Occupations Code, as added by this Act, may be appointed as |
|
|
an initial licensed genetic counselor member of the Licensed |
|
|
Genetic Counselor Advisory Board, regardless of whether the person |
|
|
holds a license issued under Chapter 508, Occupations Code, as |
|
|
added by this Act. |
|
|
SECTION 4. Not later than May 1, 2024, the Texas Commission |
|
|
of Licensing and Regulation shall adopt the rules, procedures, and |
|
|
fees necessary to administer Chapter 508, Occupations Code, as |
|
|
added by this Act. |
|
|
SECTION 5. (a) Except as provided by Subsection (b) of this |
|
|
section, this Act takes effect September 1, 2023. |
|
|
(b) Section 508.151, Occupations Code, as added by this Act, |
|
|
and Subchapter F, Chapter 508, Occupations Code, as added by this |
|
|
Act, take effect September 1, 2024. |
|
|
|
|
|
* * * * * |