HB 2028
Initials AG Page 1 Health & Human Services
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
HB 2028: genetic counselors; board; licensure
Sponsor: Representative Bliss, LD 1
Committee on Health & Human Services
Overview
Establishes the Board of Genetic Counselors (Board) to license and regulate genetic
counselors. Designates the Executive Director of the Arizona Board of Osteopathic
Examiners in Medicine and Surgery (Osteopathic Board) as the Executive Director of the
Board and prescribes powers and duties. Outlines qualifications for genetic counselor
licensure, provisional licensure and grounds for denying, suspending or revoking a genetic
counselor license.
History
The Centers for Disease Control and Prevention (CDC) describes genetic counseling as
providing comprehensive insights into the potential impacts of genetic conditions on
individuals and their families. A genetic counselor or qualified healthcare professional
gathers personal and familial health data to assess the probability of genetic predispositions.
Utilizing this data, a genetic counselor aids in discerning genetic testing for individuals or
their relatives. A genetic test is an analysis of an individual's DNA, gene products or
chromosomes that indicate a propensity for or susceptibility to illness, disease, impairment
or other disorders, whether physical or mental, or that demonstrates genetic or chromosomal
damage due to environmental factors or carrier status for a disease or disorder (A.R.S. § 20-
448.02).
On October 18, 2023, a sunrise application was submitted for the licensure of genetic
counselors. According to the sunrise application, 34 states issue licenses for genetic
counselors (Sunrise Application).
Provisions
Board of Genetic Counselors
1. Establishes the Board to consist of the following Governor-appointed members:
a) five genetic counselors;
b) one osteopathic physician who is actively engaged in the practice of medicine and
interacts professionally with genetic counselors;
c) one medical doctor who is actively engaged in the practice of medicine and interacts
professionally with genetic counselors; and
d) two public members. (Sec. 1)
2. Requires the five Governor-appointed genetic counselors to:
a) hold an active certification in good standing with the American Board of Genetic
Counseling;
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b) hold an active genetic counselor licensing beginning January 1, 2027; and
c) have not previously been subject to disciplinary action as a health professional in this
state or any other jurisdiction. (Sec. 1)
3. Allows the Governor to seek input and nominations before the Governor makes the
genetic counselor appointments. (Sec. 1)
4. Requires a prospective Board member, before appointment, to submit a full set of
fingerprints to the Governor for the purpose of obtaining a state and federal criminal
records check. (Sec. 1)
5. Directs the Department of Public Safety to exchange this fingerprint data with the
Federal Bureau of Investigation. (Sec. 1)
6. States the term of office of Board members is four years to begin and end on September
1. (Sec. 1)
7. Allows the Governor to remove a member after notice and a hearing on finding of:
a) malfeasance, misfeasance or incompetence in office;
b) unprofessional or dishonorable conduct in office; or
c) unprofessional or dishonorable conduct. (Sec. 1)
8. Specifies that 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.
(Sec. 1)
9. Requires the Governor to appoint a qualified replacement to fill a vacant position for the
unexpired portion of the term. (Sec. 1)
10. Allows the Governor to reappoint a member who was appointed to fill a vacancy to not
more than two additional full terms. (Sec. 1)
11. Allows a Board member to continue to hold office until the appointment and qualification
of that member's successor. (Sec. 1)
12. States that a Board member's term automatically ends:
a) on written resignation submitted by the Board chairperson or to the Governor;
b) if the member is absent from this state for more than six months during a one-year
period;
c) if the member fails to attend three consecutive regular board meetings; and
d) five years after retirement from active practice, if applicable. (Sec. 1)
13. States that Board members are immune from civil liability for all good faith actions taken
to regulate genetic counselors. (Sec. 1)
14. Requires the Board to hold at least one regular meeting each year. (Sec. 1)
15. Allows the Board to hold additional meetings as determined necessary to carry out the
functions of the Board. (Sec. 1)
16. Requires the Board to annually elect from the membership a chairperson and vice
chairperson. (Sec. 1)
17. Allows the vice chairperson to call regular and special meetings if the chairperson is not
available. (Sec. 1)
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18. States that 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. (Sec. 1)
Powers and Duties
19. Requires the Board to:
a) protect the public from unlawful, incompetent, unqualified, impaired or
unprofessional genetic counselors;
b) license and regulate genetic counselors;
c) order and evaluate physical, psychological, psychiatric and competency testing of
licensees and applicants as the Board determines necessary to enforce genetic
counseling regulations;
d) review the credentials and abilities of applicants for licensure whose professional
records or physical or mental capabilities may not meet genetic counseling licensure
requirements;
e) 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;
f) 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;
g) direct the preparation and circulation of educational materials the Board determines
are helpful and proper for licensees; and
h) discipline and rehabilitate genetic counselors. (Sec. 1)
20. Requires the Board, by rule to:
a) define and describe the duties and limits of the practice of genetic counseling;
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; and
d) establish fees. (Sec. 1)
21. Allows the Board to delegate to the Executive Director the Board's authority. (Sec. 1)
22. Requires the Board to adopt a substantive policy statement for each specific licensing and
regulatory authority the Board delegates to the Executive Director. (Sec. 1)
23. Allows the Board to adopt rules necessary to properly administer and enforce genetic
counselor regulations. (Sec. 1)
24. Allows the chairperson to establish subcommittees consisting of Board members and
define their duties as the chairperson deems necessary to carry the functions of the Board.
(Sec. 1)
25. States that Board employees, including the Executive Director, temporary personnel and
professional medical investigators are immune from civil liability for good faith actions
taken to enforce genetic counseling regulations. (Sec. 1)
26. Allows the Board to receive and review staff reports on complaints, malpractice cases and
all investigations in performing its duties. (Sec. 1)
27. Outlines the initial terms of Board members as follows:
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a) one term ending September 1, 2027; and
b) two terms ending September 1, 2028. (Sec. 6)
28. Directs the Governor to make all subsequent appointments as prescribed by statute.
(Sec. 6)
Executive Director
29. Designates the Executive Director of the Osteopathic Board as the Executive Director of
the Board. (Sec. 1)
30. Designates Osteopathic Board staff to carry out the administrative responsibilities of the
Board. (Sec. 1)
31. States that the Executive Director is eligible to receive compensation set by the Board
within the range determined by statute. (Sec. 1)
32. Outlines the powers, duties and responsibilities of the Executive Director and their
designee. (Sec. 1)
33. States that consultants and agents appointed to conduct investigations, gather
information and perform duties given by the Executive Director are eligible to receive
compensation determined by the Executive Director in an amount of not more than $200
per day of service. (Sec. 1)
Genetic Counselor Licensure
34. Asserts that a person may not act as a genetic counselor without being licensed. (Sec. 1)
35. Exempts any of the following persons from the genetic licensure requirements;
a) a licensed physician or person 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;
b) a genetic counselor employed by the federal government or a federal agency if the
person provides genetic counseling services under the direction and control of the
entity by which the person is employed;
c) a genetic counseling intern if the performed services are an integral part of the
intern's course of study and are performed under the direct supervision of a genetic
counselor who is assigned to supervise the intern and who is on duty and available in
the assigned patient care area; and
d) a visiting out-of-state genetic counselor who holds a certification and is performing
activities and services for a period of less than 30 days each year. (Sec. 1)
36. Requires, on completion of rulemaking and no later than October 1, 2025, a person who
wishes to practice genetic counseling to be licensed. (Sec. 1)
37. Requires a person who was practicing genetic counseling on the effective date to apply to
the Board for licensure by January 1, 2027. (Sec. 1)
38. Requires an applicant to submit to the Board:
a) a genetic counselor licensing application;
b) a fee as established by the Board; and
c) satisfactory evidence of having current certification. (Sec. 1)
39. Requires the Board to grant a genetic counselor license to a person who meets the
qualifications and rules adopted by the Board. (Sec. 1)
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40. States that 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. (Sec. 1)
41. Allows an individual that does not qualify for genetic counseling licensure but who has
been practicing genetic counseling in this state and has worked in Arizona for at least
eight years, before the effective date to apply for licensure if the individual submits:
a) documentation of a master's or higher degree in medical genetics, genetic counseling
or related field of genetic study from an accreditation council for a genetic counseling
accredited program;
b) three letters of recommendation from a physician or genetic counselor; and
c) documentation of having completed two and one-half continuing education units in
the 12 months immediately preceding the application date. (Sec. 1)
42. Requires the three letters of recommendations to include at least:
a) one letter from a genetic counselor who is eligible for licensure; and
b) one letter from a clinical or medical geneticist who is certified by the American Board
of Medical Genetics and Genomics, or its successor. (Sec. 1)
43. Specifies that all individuals who submit letters of recommendation must have worked
with the applicant in an employment setting within the immediately preceding 10 years
and be able to attest to the applicant's competency in providing genetic counseling
services. (Sec. 1)
44. Prohibits a licensed physician or person licensed to practice in a health care profession
other than that of a genetic counselor from claiming to be a genetic counselor. (Sec. 1)
45. Specifies that a visiting out-of-state genetic counselor must be licensed or registered in
the state of the person's residence if licensure or registration is available. (Sec. 1)
46. Requires all genetic counselor licenses to be issued for a two-year period on payment of
the licensing fee, except in the case of provisional licensure. (Sec. 1)
47. Requires a license to be renewed on filing a renewal application that includes the renewal
fee established by the Board and documentation of having completed the number of
continuing education units required for certification, prorated for the length of the license.
(Sec. 1)
48. Requires a person to file an application for renewal at least 30 days and not more than
60 days before the date the person's current license expires. (Sec. 1)
Provisional Licensure
49. Enables the Board to grant a person with active candidate status a provisional licensure
to practice genetic counseling if the person files an application and pays the provisional
license fee established by the Board. (Sec. 1)
50. States that 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. (Sec. 1)
51. Expires a provisional license automatically on the earliest of the following:
a) issuance of a license;
b) 30 days after the applicant provisional licensee fails to take or pass the next available
complete certification examination; or
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c) the date printed on the provisional license. (Sec. 1)
52. Requires an application for extension of a provisional license to be signed by the
provisional licensee's qualified supervisor. (Sec. 1)
53. Requires a provisional licensee to work under the supervision of a qualified supervisor at
all times during which the provisional licensee practices genetic counseling. (Sec. 1)
54. Requires the qualified supervisor and provisional licensee to complete and maintain a
supervision agreement that is signed by and on file with both parties. (Sec. 1)
Grounds For Denial, Suspension or Revocation of a Genetic Counselor License
55. Enables the Board to deny, suspend or revoke the license of any genetic counselor who:
a) violated any statutes or rules;
b) is convicted of a felony or misdemeanor involving moral turpitude;
c) indulges in conduct or a practice that is detrimental to the health or safety of a patient.
(Sec. 1)
56. Permits the Board to deny a license without holding a hearing. (Sec. 1)
57. Allows an applicant to appeal the Board's decision of denying the license. (Sec. 1)
58. Requires the Board to conduct any hearing to suspend or revoke a license in accordance
with uniform administrative hearing procedures. (Sec. 1)
59. Allows the Board to suspend or revoke a license permanently or any period of time and
under any conditions that the Board deems appropriate if it determines at the conclusion
of a hearing that grounds exist to suspend or revoke a license. (Sec. 1)
60. Allows an applicant for licensure or a licensee to appeal final decisions of the Board.
(Sec. 1)
61. Allows the Board, in addition to any disciplinary action, to assess a civil penalty of not
more than $100 for each violation of statute or rule as determined by a hearing. (Sec. 1)
62. Constitutes each day that a violation occurs as a separate offense. (Sec. 1)
63. Allows the Attorney General (AG) or the county attorney to bring an action in the name
of the state to enforce a civil penalty. (Sec. 1)
64. Requires the action to be filed in the superior court or in justice court in the county where
the violation occurred. (Sec. 1)
65. Allows the Board, in addition to other available remedies, to apply to the superior court
for an injunction to restrain a person from violating statutes or rules. (Sec. 1)
66. Directs the court to grant a temporary restraining order, a preliminary injunction or
permanent injunction without bond. (Sec. 1)
67. Allows the defendant to be served in any county of this state. (Sec. 1)
68. Requires the action to be brought on behalf of the Board by the AG or the county attorney
where the violation occurred. (Sec. 1)
69. Directs 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 to promptly deliver
the license to the Board. (Sec. 1)
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70. Requires a provisional licensee who loses active candidate status to surrender the
provisional license to the Board immediately. (Sec. 1)
Investigations and Violation Classifications
71. Allows the Director to:
a) investigate a complaint or any information that indicates a person is or may be
violating genetic counseling regulations;
b) examine and copy documents and other physical evidence wherever located that relate
to the conduct or competency of a genetic counselor pursuant to the genetic counseling
statutory requirements and rules;
c) issue subpoenas to compel the testimony of witnesses or demand the production of
relevant documents and other physical evidence pursuant to an investigation or an
administrative proceeding; and
d) apply to the superior court for an order to compel compliance if a person refuses to
comply with a subpoena. (Sec. 1)
72. States that patient records, including clinical records, medical reports, laboratory
statements and reports, files, films, oral statements, evaluations, findings and counseling
information that are kept by the Executive Director pursuant to an investigation or an
administrative proceeding are not public records or subject to search and copy laws.
(Sec. 1)
73. Requires the Executive Director to keep confidential the names of patients and their
families whose records are reviewed during an investigation or hearing. (Sec. 1)
74. Classifies the following acts as a class 6 felony:
a) obtaining a license as a genetic counselor by fraud, intentional misrepresentation or
deceit; and
b) practicing genetic counseling without a license issued or after the person's license has
been denied, suspended or revoked. (Sec. 1)
75. Requires the Board to prescribe in rule and collect fees for all of the following:
a) an initial genetic counselor license application;
b) a one-year provisional license extension;
c) a two-year genetic counselor license;
d) a two-year renewal of the genetic counselor license; and
e) an application for reinstatement for an expired license. (Sec. 1)
76. Deems it is a violation for a person who is not licensed 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. (Sec. 1)
Miscellaneous
77. Establishes the Genetic Counselor Board Fund as a 90/10 board. (Sec. 1)
78. Requires 10 percent of all monies collected to be deposited in the state General Fund and
the remaining 90 percent in the Genetic Counselors Board Fund. (Sec. 1)
79. Subjects all monies deposited in the Genetic Counselors Board Fund to applicable
budgetary and fiscal provisions for state agencies. (Sec. 1)
80. Adds genetic counselors to the definition of health professional. (Sec. 2)
81. Includes genetic counselors in the definition of health care providers able to provide
telehealth. (Sec. 3)
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82. Terminates the Board on July 1, 2033. (Sec. 4)
83. Contains a purpose statement for the Board. (Sec. 5)
84. Defines terms. (Sec. 1)
85. Makes technical changes and conforming changes. (Sec. 2-3)