PREFILED JAN 07 2025 REFERENCE TITLE: genetic counselors; board; licensure State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2028 Introduced by Representative Bliss An Act amending title 32, Arizona Revised Statutes, by adding chapter 27; amending sections 32-3201 and 36-3601, Arizona Revised Statutes; amending title 41, chapter 27, article 2, Arizona Revised Statutes, by adding section 41-3033.01; relating to health profession regulatory boards. (TEXT OF BILL BEGINS ON NEXT PAGE)
PREFILED JAN 07 2025
REFERENCE TITLE: genetic counselors; board; licensure
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HB 2028
Introduced by Representative Bliss
REFERENCE TITLE: genetic counselors; board; licensure
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HB 2028
Introduced by
Representative Bliss
An Act
amending title 32, Arizona Revised Statutes, by adding chapter 27; amending sections 32-3201 and 36-3601, Arizona Revised Statutes; amending title 41, chapter 27, article 2, Arizona Revised Statutes, by adding section 41-3033.01; relating to health profession regulatory boards.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Title 32, Arizona Revised Statutes, is amended by adding chapter 27, to read: CHAPTER 27 BOARD OF GENETIC COUNSELORS ARTICLE 1. GENERAL PROVISIONS START_STATUTE32-2701. Definitions In this chapter, unless the context otherwise requires: 1. "Active candidate Status" means that a person meets the requirements established by the American board of genetic counseling, or its successor, to take the American board of genetic counseling's certification examination in general genetics and genetic counseling and has been granted this designation. 2. "Board" means the board OF GENETIC COUNSELORS. 3. "Certification" means certification as a genetic counselor by the American board of genetic counseling, or its successor, or the American board of medical genetics and genomics, or its successor, or certification as a PhD geneticist by the American board of medical genetics and genomics, or its successor. 4. "Director" means the executive director of the board. 5. "Genetic counseling" means a communication process that may include: (a) Estimating the likelihood of the occurrence or recurrence of any potential inherited or genetically influenced condition or congenital abnormality, including: (i) Obtaining and analyzing the complete health history of an individual and the individual's family members. (ii) Reviewing pertinent medical records. (iii) Evaluating the risks from exposure to possible mutagens or teratogens. (iv) Determining appropriate genetic testing or other evaluations to diagnose a condition or determine the carrier status of one or more family members. (v) Ordering, coordinating and disclosing genetic laboratory tests and results and other diagnostic studies as appropriate for the genetic assessment. (b) Helping an individual, family member or health care provider to: (i) Appreciate the medical, psychological and social implications of a disorder, including its features, variability, usual course and management options. (ii) Learn how genetic factors contribute to a disorder and affect the chance for occurrence of the disorder in other family members. (iii) Understand available options for coping with, preventing or reducing the chance of the disorder occurring in other family members. (c) Facilitating an individual's or family member's: (i) Exploration of the perception of risk and burden associated with a genetic disorder. (ii) Adjustment and adaptation to a disorder or the individual's or family member's genetic risk by addressing needs for psychological, social and medical support. 6. "Genetic counseling intern" means a student who is enrolled in a genetic counseling program accredited by the American board of genetic counseling, or its successor, or the American board of medical genetics and genomics, or its successor. 7. "Genetic counselor" means a person who is licensed pursuant to this chapter to engage in the practice of genetic counseling. END_STATUTE START_STATUTE32-2702. Board of genetic counselors; membership; appointment; terms; immunity; compensation A. The board of genetic counselors is established consisting of the following members who are appointed by the governor: 1. Five genetic counselors who hold active certification in good standing with the American board of genetic counseling and, beginning January 1, 2027, who hold an active license pursuant to this chapter and have not previously been subject to disciplinary action as a health professional in this state or any other jurisdiction. The governor may seek input and nominations before the governor makes these appointments. 2. Two public members. 3. One physician who is actively engaged in the practice of medicine, who is licensed pursuant to chapter 17 of this title and who interacts professionally with genetic counselors. 4. One physician who is actively engaged in the practice of medicine, who is licensed pursuant to chapter 13 of this title and who interacts professionally with genetic counselors. B. Before appointment by the governor, a prospective member of the board shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. C. The term of office of members of the board is four years to begin and end on September 1. D. Each board member is eligible for appointment to not more than two full terms, except that the term of office for a member who is appointed to fill a vacancy that is not caused by the expiration of a full term is for the unexpired portion of that term, and the governor may reappoint that member to not more than two additional full terms. Each board member may continue to hold office until the appointment and qualification of that member's successor. The governor may remove a member after notice and a hearing on a finding of malfeasance, misfeasance or incompetence in office, unprofessional or dishonorable conduct in office or unprofessional or dishonorable conduct. The governor shall appoint a qualified replacement to fill a vacant position for the unexpired portion of the term. E. A board member's term automatically ends: 1. On written resignation submitted to the board chairperson or to the governor. 2. If the member is absent from this state for more than six months during a one-year period. 3. If the member fails to attend three consecutive regular board meetings. 4. Five years after retirement from active practice, if applicable. F. Board members are immune from civil liability for all good faith actions taken pursuant to this chapter. G. The board shall hold at least one regular meeting each year and may hold additional meetings as determined necessary to carry out the functions of the board. The board shall annually elect from the membership a chairperson and vice chairperson. The vice chairperson may call regular meetings and special meetings if the chairperson is not available. H. Board members are eligible to receive compensation in the amount of $200 for each day of actual service in the business of the board and for all expenses necessary and properly incurred in attending board meetings.END_STATUTE START_STATUTE32-2703. Powers and duties; delegation of authority; rules; subcommittees; immunity A. The board shall: 1. As its primary duty, protect the public from unlawful, incompetent, unqualified, impaired or unprofessional genetic counselors. 2. License and regulate genetic counselors pursuant to this chapter. 3. By rule: (a) Define and describe the duties and limits of the practice of genetic counseling consistent with this chapter. (b) Adopt standards with respect to the practice of genetic counseling that are designed to safeguard the HEALTH and safety of patients. (c) Establish criteria for granting, denying, suspending and revoking a license in order to protect the health and safety of patients. (d) Establish fees pursuant to section 32-2711. 4. Order and evaluate physical, psychological, psychiatric and competency testing of licensees and applicants as the board determines necessary to enforce this chapter. 5. Review the credentials and the abilities of applicants for licensure whose professional records or physical or mental capabilities may not meet the requirements of this chapter. 6. Initiate investigations and determine on the board's own motion whether a licensee has engaged in unprofessional conduct or is or may be incompetent or mentally or physically unable to safely practice genetic counseling. 7. Engage in the full exchange of information with the licensing and disciplinary boards and professional associations of other states and jurisdictions of the United States and foreign countries and with a statewide association for genetic counselors. 8. Direct the preparation and circulation of educational materials the board determines are helpful and proper for licensees. 9. Discipline and rehabilitate genetic counselors pursuant to this chapter. B. The board may delegate to the director the board's authority pursuant to this section or section 32-2704. The board shall adopt a substantive policy statement pursuant to section 41-1091 for each specific licensing and regulatory authority the board delegates to the director. C. The board may adopt rules necessary to properly administer and enforce this chapter. D. The chairperson may establish subcommittees consisting of board members and define their duties as the chairperson deems necessary to carry out the functions of the board. E. Board employees, including the director, temporary personnel and professional medical investigators, are immune from civil liability for good faith actions they take to enforce this chapter. F. In performing its duties pursuant to subsection A of this section, the board may receive and review staff reports on complaints, malpractice cases and all investigations. END_STATUTE START_STATUTE32-2704. Executive director; duties; board staff and personnel; compensation A. The executive director of the Arizona board of osteopathic examiners in medicine and surgery is the director of the board of genetic counselors. The staff of the Arizona board of osteopathic examiners in medicine and surgery shall carry out the administrative responsibilities of the board of genetic counselors. B. The director is eligible to receive compensation set by the board within the range determined under section 38-611. C. The director or the director's designee shall: 1. Employ, evaluate, dismiss, discipline and direct professional, clerical, technical, investigative and administrative personnel necessary to carry on the work of the board. 2. Set compensation for board employees within the range determined under section 38-611. 3. As directed by the board, prepare and submit recommendations for amendments to the genetic counselors practice act for consideration by the legislature. 4. Appoint and employ consultants and agents necessary to conduct investigations, gather information and perform those duties the director determines are necessary and appropriate to enforce this chapter. 5. Issue licenses to applicants who meet the requirements of this chapter. 6. Manage the board's offices. 7. Prepare minutes, records, reports, registries, directories, books and newsletters and record all board transactions and orders. 8. Collect all monies due and payable to the board. 9. Pay all bills for authorized expenditures of the board and its staff. 10. Prepare an annual budget. 11. Submit a copy of the budget each year to the governor, the president of the senate and the speaker of the house of representatives. 12. Initiate an investigation if evidence appears to demonstrate that a genetic counselor may be engaged in unprofessional conduct or may be medically incompetent or mentally or physically unable to safely practice as a genetic counselor. 13. Issue subpoenas if necessary to compel the attendance and testimony of witnesses and the production of books, records, documents and other evidence. 14. Provide assistance to the attorney general in preparing and sign and execute disciplinary orders, rehabilitative orders and notices of hearings as directed by the board. 15. Enter into contracts to procure goods and services pursuant to title 41, chapter 23 that are necessary to carry out board policies and directives. 16. Execute board directives. 17. Represent the board in matters with the federal government, other states or jurisdictions of the United States, this state, political subdivisions of this state, the news media and the public. 18. Enter into stipulated agreements on behalf of the board with persons under the jurisdiction of the board for the treatment, rehabilitation or monitoring of chemical substance abuse or misuse. 19. Review all complaints filed pursuant to section 32-2709. If delegated by the board, the director may dismiss a complaint if the complaint is without merit. 20. Perform all other administrative, licensing and regulatory duties delegated and required by the board. D. Consultants and agents appointed pursuant to subsection C, paragraph 4 of this section are eligible to receive compensation determined by the director in an amount of not more than $200 for each day of service. END_STATUTE START_STATUTE32-2705. Licensure required; exceptions A. Except as otherwise provided in this article, a person may not act as a genetic counselor without being licensed pursuant to this chapter. B. The chapter does not apply to any of the following: 1. A person who is licensed in this state as a physician or licensed to practice in a health care profession other than that of a genetic counselor when acting within the scope of the person's profession and doing work of a nature consistent with the person's training. A person described in this paragraph may not claim to be a genetic counselor. 2. A person who is employed as a genetic counselor by the federal government or a federal agency if the person provides genetic counseling services solely under the direction and control of the entity by which the person is employed. 3. A genetic counseling intern if the genetic counseling services performed by the genetic counseling intern are an integral part of the genetic counseling intern's course of study and are performed under the direct supervision of a genetic counselor who is assigned to supervise the genetic counseling intern and who is on duty and available in the assigned patient care area. 4. A visiting genetic counselor who holds a certification, who is from another state and who is performing activities and services for a period of less than thirty days each year. A visiting genetic counselor must be licensed or registered in the state of the person's residence if licensure or registration is available. END_STATUTE START_STATUTE32-2706. Licensure; reciprocity; exceptions; renewal A. On completion of rulemaking and not later than October 1, 2025, a person who wishes to practice genetic counseling in this state shall be licensed pursuant to this chapter. A person who was practicing genetic counseling on the effective date of this section shall apply to the board for licensure pursuant to this chapter on or before January 1, 2027. B. An applicant for licensure shall submit to the board an application prescribed by the board, the fee established by the board pursuant to section 32-2711 and satisfactory evidence of having current certification. C. The board shall grant a genetic counselor license to a person who meets the qualifications prescribed by this chapter and the rules adopted by the board pursuant to this chapter. D. An applicant who provides adequate documentation to the board of the applicant's licensure or registration as a genetic counselor under the laws of another state, territory or jurisdiction of the United States that the board determines imposes substantially the same licensing requirements as this state may be licensed pursuant to this chapter. E. An individual who does not qualify for licensure under this chapter but who has been practicing genetic counseling in this state before the effective date of this section and who has worked in this state as a genetic counselor for at least eight years before the effective date of this section may apply to the board for licensure if the individual submits all of the following to the board: 1. Documentation of a master's or higher degree in medical genetics, genetic counseling or a related field of genetic study from an accreditation council for a genetic counseling accredited program. 2. Three letters of recommendation from a physician or genetic counselor, including at least one letter from a genetic counselor who is eligible for licensure under this section and one letter from a clinical or medical geneticist who is certified by the American board of medical genetics and genomics, or its successor. All individuals who submit letters of recommendation under this paragraph must have worked with the applicant in an employment setting within the immediately preceding ten years and be able to attest to the applicant's competency in providing genetic counseling services. 3. Documentation of having completed two and one-half continuing education units in the twelve months immediately preceding the application date. F. Except in the case of a provisional license issued pursuant to section 32-2707, all licenses shall be issued for a two-year period on payment of the fee established by the board pursuant to section 32-2711. G. A license shall be renewed on filing a renewal application that includes the renewal fee established by the board pursuant to section 32-2711 and documentation of having completed the number of continuing education units required for certification, prorated for the length of the license. a person shall file an application for renewal at least thirty days and not more than sixty days before the date the person's current license expires. END_STATUTE START_STATUTE32-2707. Provisional license; expiration; extension; supervision requirements; definitions A. The board may grant a person with active candidate status a provisional license for that person to practice genetic counseling if the person files an application and pays the provisional license fee established by the board pursuant to section 32-2711. The provisional license is valid for one year after the date of issuance and may be extended for one additional year if the applicant fails to obtain certification. B. A provisional license expires automatically on the earliest of the following: 1. Issuance of a license pursuant to section 32-2706. 2. Thirty days after the applicant provisional licensee fails to take or pass the next available complete certification examination. 3. The date printed on the provisional license. C. An application for extension of a provisional license shall be signed by the provisional licensee's qualified supervisor. D. A provisional licensee shall work under the supervision of a qualified supervisor at all times during which the provisional licensee practices genetic counseling. The qualified supervisor and the provisional licensee shall complete and maintain a supervision agreement that is signed by the qualified supervisor and the provisional licensee and is on file with both parties. E. For the purposes of this section: 1. "Qualified supervisor" means a person who is a licensed genetic counselor or a licensed physician in this state. 2. "Supervision": (a) Means that a qualified supervisor who has the overall responsibility assesses the work of the provisional licensee, including regular meetings and chart review. (b) Does not mean that the qualified supervisor is required to be present during the provisional licensee's performance of the service. END_STATUTE START_STATUTE32-2708. Grounds for denial, suspension or revocation of a license; disciplinary action; hearings; civil penalties; enforcement A. The board may deny, suspend or revoke the license of any genetic counselor who: 1. Violates any provision of this chapter or the rules adopted pursuant to this chapter. 2. Is convicted of a felony or a misdemeanor involving moral turpitude. 3. Indulges in conduct or a practice that is detrimental to the health or safety of a patient. B. The board may deny a license without holding a hearing. An applicant may appeal this decision pursuant to title 41, chapter 6, article 10. C. The board shall conduct any hearing to suspend or revoke a license in accordance with the procedures established pursuant to title 41, chapter 6, article 10. If the board determines at the conclusion of a hearing that grounds exist to suspend or revoke a license, the board may do so permanently or for any period of time and under any conditions that the board deems appropriate. An applicant for licensure or a licensee may appeal the final decision of the board. D. In addition to any other disciplinary action, the board may assess a civil penalty of not more than $100 for each violation of this chapter or a rule adopted pursuant to this chapter as determined by a hearing held pursuant to this section. Each day that a violation continues constitutes a separate offense. The attorney general or the county attorney may bring an action in the name of this state to enforce a civil penalty. The action shall be filed in the superior court or in justice court in the county where the violation occurred. E. In addition to other available remedies, the board may apply to the superior court for an injunction to restrain a person from violating this chapter or a rule adopted pursuant to this chapter. The court shall grant a temporary restraining order, a preliminary injunction or a permanent injunction without bond. The defendant may be served in any county of this state. The action shall be brought on behalf of the board by the attorney general or the county attorney of the county where the violation occurs. F. A genetic counselor whose license is suspended or revoked or whose surrender of a license with or without prejudice has been accepted by the board shall promptly deliver the license to the board. G. A provisional licensee who loses active candidate status shall surrender the provisional license to the board immediately. END_STATUTE START_STATUTE32-2709. Investigations; complaints; subpoenas; confidentiality A. The director may investigate a complaint or any information that indicates that a person is or may be violating this article. In connection with an investigation, the director may examine and copy documents and other physical evidence wherever located that relate to the conduct or competency of a genetic counselor pursuant to the requirements of this chapter and the rules adopted pursuant to this chapter. B. Pursuant to an investigation or an administrative proceeding, the director may issue subpoenas to compel the testimony of witnesses or to demand the production of relevant documents and other physical evidence. If a person refuses to comply with a subpoena, the director may apply to the superior court for an order to compel compliance. C. Patient records, including clinical records, medical reports, laboratory statements and reports, files, films, oral statements relating to patient and family histories, evaluations, findings and counseling information that are kept by the director pursuant to an investigation or an administrative proceeding are not public records and are not subject to title 39, chapter 1, article 2. The director shall keep confidential the names of patients and their families whose records are reviewed during the course of an investigation or hearing. END_STATUTE START_STATUTE32-2710. Violations; classification A person is guilty of a class 6 felony who: 1. Obtains a license as a genetic counselor by fraud, intentional misrepresentation or deceit. 2. Practices genetic counseling without a license issued pursuant to this chapter or after the person's license has been denied, suspended or revoked. END_STATUTE START_STATUTE32-2711. Fees; rules The board shall prescribe in rule and collect fees for all of the following: 1. An initial genetic counselor license application. 2. A one-year provisional genetic counselor license and, if granted, a one-year provisional license extension. 3. A two-year genetic counselor license. 4. A two-year renewal of the genetic counselor license. 5. An application for reinstatement of an expired license. END_STATUTE START_STATUTE32-2712. Use of title; prohibitions It is a violation of this chapter for a person who is not licensed pursuant to this chapter to use the title "licensed genetic counselor" or the abbreviation "L.G.C." or to use any other words, letters, signs or figures to indicate that the person is a licensed genetic counselor. END_STATUTE START_STATUTE32-2713. Genetic counselors board fund; deposit A. The genetic counselors board fund is established. the board shall deposit, Pursuant to sections 35-146 and 35-147, ten percent of all monies collected pursuant to this chapter in the state general fund and deposit the remaining ninety percent in the genetic counselors board fund. B. All monies deposited in the genetic counselors board fund are subject to section 35-143.01. END_STATUTE Sec. 2. Section 32-3201, Arizona Revised Statutes, is amended to read: START_STATUTE32-3201. Definitions In this chapter, unless the context otherwise requires: 2. 1. "Health professional" means a person who is certified or licensed pursuant to chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21, 25, 27, 28, 29, 33, 34, 35, 39, 41 or 42 of this title, title 36, chapter 4, article 6, title 36, chapter 6, article 7 or title 36, chapter 17. 1. 2. "Health profession regulatory board" means any board that regulates one or more health professionals in this state. 3. "Medical record records" has the same meaning prescribed in section 12-2291 but does not include prescription orders.END_STATUTE Sec. 3. Section 36-3601, Arizona Revised Statutes, is amended to read: START_STATUTE36-3601. Definitions For the purposes of In this chapter, unless the context otherwise requires: 1. "Health care decision maker" has the same meaning prescribed in section 12-2801. 2. "Health care provider": (a) Means a person licensed pursuant to title 32, chapter 7, 8, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 25, 27, 28, 29, 33, 34, 35, 39, 41 or 42, or chapter 4, article 6 of this title, chapter 6, article 7 of this title or chapter 17 of this title. (b) Includes: (i) A health care institution licensed pursuant to chapter 4 of this title. (ii) A person who holds a training permit pursuant to title 32, chapter 13 or 17. 3. "Health care provider regulatory board or agency" means a board or agency that regulates one or more health care provider professions in this state. 4. "Telehealth" means: (a) The interactive use of audio, video or other electronic media, including asynchronous store-and-forward technologies and remote patient monitoring technologies, for the practice of health care, assessment, diagnosis, consultation or treatment and the transfer of medical data. (b) Includes the use of an audio-only telephone encounter between the patient or client and health care provider if an audio-visual telehealth encounter is not reasonably available due to the patient's functional status, the patient's lack of technology or telecommunications infrastructure limits, as determined by the health care provider. (c) Does not include the use of a fax machine, instant messages, voice mail or email.END_STATUTE Sec. 4. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3033.01, to read: START_STATUTE41-3033.01. Board of genetic counselors; termination July 1, 2033 A. The board of genetic counselors terminates on July 1, 2033. B. Title 32, chapter 27 and this section are repealed on January 1, 2034.END_STATUTE Sec. 5. Purpose Pursuant to section 41-2955, subsection E, Arizona Revised Statutes, the legislature establishes the board of genetic counselors to regulate the practice of genetic counseling for the public health, safety and welfare. Sec. 6. Initial terms; members of board of genetic counselors A. Notwithstanding section 32-2702, Arizona Revised Statutes, as added by this act, the initial terms of members of the board of genetic counselors are: 1. One term ending September 1, 2027. 2. Two terms ending September 1, 2028. B. The governor shall make all subsequent appointments as prescribed by statute.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, Arizona Revised Statutes, is amended by adding chapter 27, to read:
CHAPTER 27
BOARD OF GENETIC COUNSELORS
ARTICLE 1. GENERAL PROVISIONS
START_STATUTE32-2701. Definitions
In this chapter, unless the context otherwise requires:
1. "Active candidate Status" means that a person meets the requirements established by the American board of genetic counseling, or its successor, to take the American board of genetic counseling's certification examination in general genetics and genetic counseling and has been granted this designation.
2. "Board" means the board OF GENETIC COUNSELORS.
3. "Certification" means certification as a genetic counselor by the American board of genetic counseling, or its successor, or the American board of medical genetics and genomics, or its successor, or certification as a PhD geneticist by the American board of medical genetics and genomics, or its successor.
4. "Director" means the executive director of the board.
5. "Genetic counseling" means a communication process that may include:
(a) Estimating the likelihood of the occurrence or recurrence of any potential inherited or genetically influenced condition or congenital abnormality, including:
(i) Obtaining and analyzing the complete health history of an individual and the individual's family members.
(ii) Reviewing pertinent medical records.
(iii) Evaluating the risks from exposure to possible mutagens or teratogens.
(iv) Determining appropriate genetic testing or other evaluations to diagnose a condition or determine the carrier status of one or more family members.
(v) Ordering, coordinating and disclosing genetic laboratory tests and results and other diagnostic studies as appropriate for the genetic assessment.
(b) Helping an individual, family member or health care provider to:
(i) Appreciate the medical, psychological and social implications of a disorder, including its features, variability, usual course and management options.
(ii) Learn how genetic factors contribute to a disorder and affect the chance for occurrence of the disorder in other family members.
(iii) Understand available options for coping with, preventing or reducing the chance of the disorder occurring in other family members.
(c) Facilitating an individual's or family member's:
(i) Exploration of the perception of risk and burden associated with a genetic disorder.
(ii) Adjustment and adaptation to a disorder or the individual's or family member's genetic risk by addressing needs for psychological, social and medical support.
6. "Genetic counseling intern" means a student who is enrolled in a genetic counseling program accredited by the American board of genetic counseling, or its successor, or the American board of medical genetics and genomics, or its successor.
7. "Genetic counselor" means a person who is licensed pursuant to this chapter to engage in the practice of genetic counseling. END_STATUTE
START_STATUTE32-2702. Board of genetic counselors; membership; appointment; terms; immunity; compensation
A. The board of genetic counselors is established consisting of the following members who are appointed by the governor:
1. Five genetic counselors who hold active certification in good standing with the American board of genetic counseling and, beginning January 1, 2027, who hold an active license pursuant to this chapter and have not previously been subject to disciplinary action as a health professional in this state or any other jurisdiction. The governor may seek input and nominations before the governor makes these appointments.
2. Two public members.
3. One physician who is actively engaged in the practice of medicine, who is licensed pursuant to chapter 17 of this title and who interacts professionally with genetic counselors.
4. One physician who is actively engaged in the practice of medicine, who is licensed pursuant to chapter 13 of this title and who interacts professionally with genetic counselors.
B. Before appointment by the governor, a prospective member of the board shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
C. The term of office of members of the board is four years to begin and end on September 1.
D. Each board member is eligible for appointment to not more than two full terms, except that the term of office for a member who is appointed to fill a vacancy that is not caused by the expiration of a full term is for the unexpired portion of that term, and the governor may reappoint that member to not more than two additional full terms. Each board member may continue to hold office until the appointment and qualification of that member's successor. The governor may remove a member after notice and a hearing on a finding of malfeasance, misfeasance or incompetence in office, unprofessional or dishonorable conduct in office or unprofessional or dishonorable conduct. The governor shall appoint a qualified replacement to fill a vacant position for the unexpired portion of the term.
E. A board member's term automatically ends:
1. On written resignation submitted to the board chairperson or to the governor.
2. If the member is absent from this state for more than six months during a one-year period.
3. If the member fails to attend three consecutive regular board meetings.
4. Five years after retirement from active practice, if applicable.
F. Board members are immune from civil liability for all good faith actions taken pursuant to this chapter.
G. The board shall hold at least one regular meeting each year and may hold additional meetings as determined necessary to carry out the functions of the board. The board shall annually elect from the membership a chairperson and vice chairperson. The vice chairperson may call regular meetings and special meetings if the chairperson is not available.
H. Board members are eligible to receive compensation in the amount of $200 for each day of actual service in the business of the board and for all expenses necessary and properly incurred in attending board meetings.END_STATUTE
START_STATUTE32-2703. Powers and duties; delegation of authority; rules; subcommittees; immunity
A. The board shall:
1. As its primary duty, protect the public from unlawful, incompetent, unqualified, impaired or unprofessional genetic counselors.
2. License and regulate genetic counselors pursuant to this chapter.
3. By rule:
(a) Define and describe the duties and limits of the practice of genetic counseling consistent with this chapter.
(b) Adopt standards with respect to the practice of genetic counseling that are designed to safeguard the HEALTH and safety of patients.
(c) Establish criteria for granting, denying, suspending and revoking a license in order to protect the health and safety of patients.
(d) Establish fees pursuant to section 32-2711.
4. Order and evaluate physical, psychological, psychiatric and competency testing of licensees and applicants as the board determines necessary to enforce this chapter.
5. Review the credentials and the abilities of applicants for licensure whose professional records or physical or mental capabilities may not meet the requirements of this chapter.
6. Initiate investigations and determine on the board's own motion whether a licensee has engaged in unprofessional conduct or is or may be incompetent or mentally or physically unable to safely practice genetic counseling.
7. Engage in the full exchange of information with the licensing and disciplinary boards and professional associations of other states and jurisdictions of the United States and foreign countries and with a statewide association for genetic counselors.
8. Direct the preparation and circulation of educational materials the board determines are helpful and proper for licensees.
9. Discipline and rehabilitate genetic counselors pursuant to this chapter.
B. The board may delegate to the director the board's authority pursuant to this section or section 32-2704. The board shall adopt a substantive policy statement pursuant to section 41-1091 for each specific licensing and regulatory authority the board delegates to the director.
C. The board may adopt rules necessary to properly administer and enforce this chapter.
D. The chairperson may establish subcommittees consisting of board members and define their duties as the chairperson deems necessary to carry out the functions of the board.
E. Board employees, including the director, temporary personnel and professional medical investigators, are immune from civil liability for good faith actions they take to enforce this chapter.
F. In performing its duties pursuant to subsection A of this section, the board may receive and review staff reports on complaints, malpractice cases and all investigations. END_STATUTE
START_STATUTE32-2704. Executive director; duties; board staff and personnel; compensation
A. The executive director of the Arizona board of osteopathic examiners in medicine and surgery is the director of the board of genetic counselors. The staff of the Arizona board of osteopathic examiners in medicine and surgery shall carry out the administrative responsibilities of the board of genetic counselors.
B. The director is eligible to receive compensation set by the board within the range determined under section 38-611.
C. The director or the director's designee shall:
1. Employ, evaluate, dismiss, discipline and direct professional, clerical, technical, investigative and administrative personnel necessary to carry on the work of the board.
2. Set compensation for board employees within the range determined under section 38-611.
3. As directed by the board, prepare and submit recommendations for amendments to the genetic counselors practice act for consideration by the legislature.
4. Appoint and employ consultants and agents necessary to conduct investigations, gather information and perform those duties the director determines are necessary and appropriate to enforce this chapter.
5. Issue licenses to applicants who meet the requirements of this chapter.
6. Manage the board's offices.
7. Prepare minutes, records, reports, registries, directories, books and newsletters and record all board transactions and orders.
8. Collect all monies due and payable to the board.
9. Pay all bills for authorized expenditures of the board and its staff.
10. Prepare an annual budget.
11. Submit a copy of the budget each year to the governor, the president of the senate and the speaker of the house of representatives.
12. Initiate an investigation if evidence appears to demonstrate that a genetic counselor may be engaged in unprofessional conduct or may be medically incompetent or mentally or physically unable to safely practice as a genetic counselor.
13. Issue subpoenas if necessary to compel the attendance and testimony of witnesses and the production of books, records, documents and other evidence.
14. Provide assistance to the attorney general in preparing and sign and execute disciplinary orders, rehabilitative orders and notices of hearings as directed by the board.
15. Enter into contracts to procure goods and services pursuant to title 41, chapter 23 that are necessary to carry out board policies and directives.
16. Execute board directives.
17. Represent the board in matters with the federal government, other states or jurisdictions of the United States, this state, political subdivisions of this state, the news media and the public.
18. Enter into stipulated agreements on behalf of the board with persons under the jurisdiction of the board for the treatment, rehabilitation or monitoring of chemical substance abuse or misuse.
19. Review all complaints filed pursuant to section 32-2709. If delegated by the board, the director may dismiss a complaint if the complaint is without merit.
20. Perform all other administrative, licensing and regulatory duties delegated and required by the board.
D. Consultants and agents appointed pursuant to subsection C, paragraph 4 of this section are eligible to receive compensation determined by the director in an amount of not more than $200 for each day of service. END_STATUTE
START_STATUTE32-2705. Licensure required; exceptions
A. Except as otherwise provided in this article, a person may not act as a genetic counselor without being licensed pursuant to this chapter.
B. The chapter does not apply to any of the following:
1. A person who is licensed in this state as a physician or licensed to practice in a health care profession other than that of a genetic counselor when acting within the scope of the person's profession and doing work of a nature consistent with the person's training. A person described in this paragraph may not claim to be a genetic counselor.
2. A person who is employed as a genetic counselor by the federal government or a federal agency if the person provides genetic counseling services solely under the direction and control of the entity by which the person is employed.
3. A genetic counseling intern if the genetic counseling services performed by the genetic counseling intern are an integral part of the genetic counseling intern's course of study and are performed under the direct supervision of a genetic counselor who is assigned to supervise the genetic counseling intern and who is on duty and available in the assigned patient care area.
4. A visiting genetic counselor who holds a certification, who is from another state and who is performing activities and services for a period of less than thirty days each year. A visiting genetic counselor must be licensed or registered in the state of the person's residence if licensure or registration is available. END_STATUTE
START_STATUTE32-2706. Licensure; reciprocity; exceptions; renewal
A. On completion of rulemaking and not later than October 1, 2025, a person who wishes to practice genetic counseling in this state shall be licensed pursuant to this chapter. A person who was practicing genetic counseling on the effective date of this section shall apply to the board for licensure pursuant to this chapter on or before January 1, 2027.
B. An applicant for licensure shall submit to the board an application prescribed by the board, the fee established by the board pursuant to section 32-2711 and satisfactory evidence of having current certification.
C. The board shall grant a genetic counselor license to a person who meets the qualifications prescribed by this chapter and the rules adopted by the board pursuant to this chapter.
D. An applicant who provides adequate documentation to the board of the applicant's licensure or registration as a genetic counselor under the laws of another state, territory or jurisdiction of the United States that the board determines imposes substantially the same licensing requirements as this state may be licensed pursuant to this chapter.
E. An individual who does not qualify for licensure under this chapter but who has been practicing genetic counseling in this state before the effective date of this section and who has worked in this state as a genetic counselor for at least eight years before the effective date of this section may apply to the board for licensure if the individual submits all of the following to the board:
1. Documentation of a master's or higher degree in medical genetics, genetic counseling or a related field of genetic study from an accreditation council for a genetic counseling accredited program.
2. Three letters of recommendation from a physician or genetic counselor, including at least one letter from a genetic counselor who is eligible for licensure under this section and one letter from a clinical or medical geneticist who is certified by the American board of medical genetics and genomics, or its successor. All individuals who submit letters of recommendation under this paragraph must have worked with the applicant in an employment setting within the immediately preceding ten years and be able to attest to the applicant's competency in providing genetic counseling services.
3. Documentation of having completed two and one-half continuing education units in the twelve months immediately preceding the application date.
F. Except in the case of a provisional license issued pursuant to section 32-2707, all licenses shall be issued for a two-year period on payment of the fee established by the board pursuant to section 32-2711.
G. A license shall be renewed on filing a renewal application that includes the renewal fee established by the board pursuant to section 32-2711 and documentation of having completed the number of continuing education units required for certification, prorated for the length of the license. a person shall file an application for renewal at least thirty days and not more than sixty days before the date the person's current license expires. END_STATUTE
START_STATUTE32-2707. Provisional license; expiration; extension; supervision requirements; definitions
A. The board may grant a person with active candidate status a provisional license for that person to practice genetic counseling if the person files an application and pays the provisional license fee established by the board pursuant to section 32-2711. The provisional license is valid for one year after the date of issuance and may be extended for one additional year if the applicant fails to obtain certification.
B. A provisional license expires automatically on the earliest of the following:
1. Issuance of a license pursuant to section 32-2706.
2. Thirty days after the applicant provisional licensee fails to take or pass the next available complete certification examination.
3. The date printed on the provisional license.
C. An application for extension of a provisional license shall be signed by the provisional licensee's qualified supervisor.
D. A provisional licensee shall work under the supervision of a qualified supervisor at all times during which the provisional licensee practices genetic counseling. The qualified supervisor and the provisional licensee shall complete and maintain a supervision agreement that is signed by the qualified supervisor and the provisional licensee and is on file with both parties.
E. For the purposes of this section:
1. "Qualified supervisor" means a person who is a licensed genetic counselor or a licensed physician in this state.
2. "Supervision":
(a) Means that a qualified supervisor who has the overall responsibility assesses the work of the provisional licensee, including regular meetings and chart review.
(b) Does not mean that the qualified supervisor is required to be present during the provisional licensee's performance of the service. END_STATUTE
START_STATUTE32-2708. Grounds for denial, suspension or revocation of a license; disciplinary action; hearings; civil penalties; enforcement
A. The board may deny, suspend or revoke the license of any genetic counselor who:
1. Violates any provision of this chapter or the rules adopted pursuant to this chapter.
2. Is convicted of a felony or a misdemeanor involving moral turpitude.
3. Indulges in conduct or a practice that is detrimental to the health or safety of a patient.
B. The board may deny a license without holding a hearing. An applicant may appeal this decision pursuant to title 41, chapter 6, article 10.
C. The board shall conduct any hearing to suspend or revoke a license in accordance with the procedures established pursuant to title 41, chapter 6, article 10. If the board determines at the conclusion of a hearing that grounds exist to suspend or revoke a license, the board may do so permanently or for any period of time and under any conditions that the board deems appropriate. An applicant for licensure or a licensee may appeal the final decision of the board.
D. In addition to any other disciplinary action, the board may assess a civil penalty of not more than $100 for each violation of this chapter or a rule adopted pursuant to this chapter as determined by a hearing held pursuant to this section. Each day that a violation continues constitutes a separate offense. The attorney general or the county attorney may bring an action in the name of this state to enforce a civil penalty. The action shall be filed in the superior court or in justice court in the county where the violation occurred.
E. In addition to other available remedies, the board may apply to the superior court for an injunction to restrain a person from violating this chapter or a rule adopted pursuant to this chapter. The court shall grant a temporary restraining order, a preliminary injunction or a permanent injunction without bond. The defendant may be served in any county of this state. The action shall be brought on behalf of the board by the attorney general or the county attorney of the county where the violation occurs.
F. A genetic counselor whose license is suspended or revoked or whose surrender of a license with or without prejudice has been accepted by the board shall promptly deliver the license to the board.
G. A provisional licensee who loses active candidate status shall surrender the provisional license to the board immediately. END_STATUTE
START_STATUTE32-2709. Investigations; complaints; subpoenas; confidentiality
A. The director may investigate a complaint or any information that indicates that a person is or may be violating this article. In connection with an investigation, the director may examine and copy documents and other physical evidence wherever located that relate to the conduct or competency of a genetic counselor pursuant to the requirements of this chapter and the rules adopted pursuant to this chapter.
B. Pursuant to an investigation or an administrative proceeding, the director may issue subpoenas to compel the testimony of witnesses or to demand the production of relevant documents and other physical evidence. If a person refuses to comply with a subpoena, the director may apply to the superior court for an order to compel compliance.
C. Patient records, including clinical records, medical reports, laboratory statements and reports, files, films, oral statements relating to patient and family histories, evaluations, findings and counseling information that are kept by the director pursuant to an investigation or an administrative proceeding are not public records and are not subject to title 39, chapter 1, article 2. The director shall keep confidential the names of patients and their families whose records are reviewed during the course of an investigation or hearing. END_STATUTE
START_STATUTE32-2710. Violations; classification
A person is guilty of a class 6 felony who:
1. Obtains a license as a genetic counselor by fraud, intentional misrepresentation or deceit.
2. Practices genetic counseling without a license issued pursuant to this chapter or after the person's license has been denied, suspended or revoked. END_STATUTE
START_STATUTE32-2711. Fees; rules
The board shall prescribe in rule and collect fees for all of the following:
1. An initial genetic counselor license application.
2. A one-year provisional genetic counselor license and, if granted, a one-year provisional license extension.
3. A two-year genetic counselor license.
4. A two-year renewal of the genetic counselor license.
5. An application for reinstatement of an expired license. END_STATUTE
START_STATUTE32-2712. Use of title; prohibitions
It is a violation of this chapter for a person who is not licensed pursuant to this chapter to use the title "licensed genetic counselor" or the abbreviation "L.G.C." or to use any other words, letters, signs or figures to indicate that the person is a licensed genetic counselor. END_STATUTE
START_STATUTE32-2713. Genetic counselors board fund; deposit
A. The genetic counselors board fund is established. the board shall deposit, Pursuant to sections 35-146 and 35-147, ten percent of all monies collected pursuant to this chapter in the state general fund and deposit the remaining ninety percent in the genetic counselors board fund.
B. All monies deposited in the genetic counselors board fund are subject to section 35-143.01. END_STATUTE
Sec. 2. Section 32-3201, Arizona Revised Statutes, is amended to read:
START_STATUTE32-3201. Definitions
In this chapter, unless the context otherwise requires:
2. 1. "Health professional" means a person who is certified or licensed pursuant to chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21, 25, 27, 28, 29, 33, 34, 35, 39, 41 or 42 of this title, title 36, chapter 4, article 6, title 36, chapter 6, article 7 or title 36, chapter 17.
1. 2. "Health profession regulatory board" means any board that regulates one or more health professionals in this state.
3. "Medical record records" has the same meaning prescribed in section 12-2291 but does not include prescription orders.END_STATUTE
Sec. 3. Section 36-3601, Arizona Revised Statutes, is amended to read:
START_STATUTE36-3601. Definitions
For the purposes of In this chapter, unless the context otherwise requires:
1. "Health care decision maker" has the same meaning prescribed in section 12-2801.
2. "Health care provider":
(a) Means a person licensed pursuant to title 32, chapter 7, 8, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 25, 27, 28, 29, 33, 34, 35, 39, 41 or 42, or chapter 4, article 6 of this title, chapter 6, article 7 of this title or chapter 17 of this title.
(b) Includes:
(i) A health care institution licensed pursuant to chapter 4 of this title.
(ii) A person who holds a training permit pursuant to title 32, chapter 13 or 17.
3. "Health care provider regulatory board or agency" means a board or agency that regulates one or more health care provider professions in this state.
4. "Telehealth" means:
(a) The interactive use of audio, video or other electronic media, including asynchronous store-and-forward technologies and remote patient monitoring technologies, for the practice of health care, assessment, diagnosis, consultation or treatment and the transfer of medical data.
(b) Includes the use of an audio-only telephone encounter between the patient or client and health care provider if an audio-visual telehealth encounter is not reasonably available due to the patient's functional status, the patient's lack of technology or telecommunications infrastructure limits, as determined by the health care provider.
(c) Does not include the use of a fax machine, instant messages, voice mail or email.END_STATUTE
Sec. 4. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3033.01, to read:
START_STATUTE41-3033.01. Board of genetic counselors; termination July 1, 2033
A. The board of genetic counselors terminates on July 1, 2033.
B. Title 32, chapter 27 and this section are repealed on January 1, 2034.END_STATUTE
Sec. 5. Purpose
Pursuant to section 41-2955, subsection E, Arizona Revised Statutes, the legislature establishes the board of genetic counselors to regulate the practice of genetic counseling for the public health, safety and welfare.
Sec. 6. Initial terms; members of board of genetic counselors
A. Notwithstanding section 32-2702, Arizona Revised Statutes, as added by this act, the initial terms of members of the board of genetic counselors are:
1. One term ending September 1, 2027.
2. Two terms ending September 1, 2028.
B. The governor shall make all subsequent appointments as prescribed by statute.