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