DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 753 Engrossed 2018 Regular Session Stokes
Abstract: Establishes the licensed profession of genetic counselor in La.
Proposed law establishes the licensed profession of genetic counselor in La. and provides for
licensure of genetic counselors by the La. State Board of Medical Examiners.
Proposed law defines "genetic counseling" as any of the following actions by a genetic counselor that
occur through and as a result of communication between the genetic counselor and a patient:
(1)Obtaining and evaluating individual, family, and medical histories to determine genetic risk
for genetic or medical conditions and diseases in a patient, his offspring, and other family
members.
(2)Discussing the features, natural history, means of diagnosis, genetic and environmental
factors, and management of risk for genetic and medical conditions and diseases.
(3)Identifying and coordinating genetic laboratory tests and other diagnostic studies as
appropriate for the genetic assessment.
(4)Integrating genetic laboratory test results and other diagnostic studies with personal and
family medical history to assess and communicate risk factors for genetic and medical
conditions and diseases.
(5)Explaining the clinical implications of genetic laboratory tests and other diagnostic studies
and their results.
(6)Evaluating the client's or family's responses to the condition or risk of recurrence and
providing client-centered counseling and anticipatory guidance.
(7)Identifying and utilizing community resources that provide medical, educational, financial,
and psychosocial support and advocacy.
(8)Providing written documentation of medical, genetic, and counseling information for
families and health care professionals.
Proposed law creates the Genetic Counselor Advisory Committee for the purpose of advising and
making recommendations to the La. State Board of Medical Examiners regarding the practice of genetic counseling and genetic counselor licensure. Provides for composition, duties, and functions
of the advisory committee.
Proposed law requires each genetic counselor licensed in accordance with proposed law to enter into
a collaborative practice agreement with a physician who agrees to work with and provide medical
support to the genetic counselor. Stipulates that the collaborative practice agreement shall
memorialize the relationship between the genetic counselor and the physician and establish the
criteria governing the genetic counselor's performance of each of the following functions:
(1)Ordering genetic tests or other tests for the purpose of diagnosing a medical condition or
inherited disorder or determining the carrier status of one or more family members of the
patient.
(2)Selecting the most appropriate, accurate, and cost-effective methods of diagnosis.
Proposed law requires the La. State Board of Medical Examiners, referred to hereafter as the "board",
to adopt administrative rules which provide for all of the following:
(1)Issuing a license to an applicant who meets the requirements of proposed law.
(2)Issuing a provisional temporary license to an applicant who is granted active candidate status
by the American Board of Genetic Counseling.
(3)Conducting hearings on proceedings to refuse to issue, renew, or revoke licenses or suspend,
place on probation, censure, or reprimand persons licensed pursuant to proposed law; and
to refuse to issue, renew, or revoke licenses or suspend, place on probation, censure, or
reprimand persons licensed pursuant to proposed law.
(4)Maintaining publicly available rosters of the names and addresses of all licensees and all
persons whose licenses have been suspended, revoked, or denied.
(5)Reviewing and approving recommendations of the advisory committee which the board
deems appropriate.
Proposed law provides that in order to qualify for licensure as a genetic counselor, an applicant shall
do all of the following:
(1)Submit an application on a form developed by the board.
(2)Pay the license fee required by the board.
(3)Provide written evidence that he has earned at least one of the following degrees:
(a)A master's degree from a genetic counseling training program accredited by the
Accreditation Council for Genetic Counseling. (b)A doctoral degree from a medical genetics training program accredited by the
American Board of Medical Genetics or its successor.
(4)Meet the examination requirement for certification as either of the following:
(a)A genetic counselor certified by the American Board of Genetic Counseling or the
American Board of Medical Genetics, or the successor of these entities.
(b)A medical geneticist certified by the American Board of Medical Genetics or its
successor.
Proposed law authorizes the board to issue a temporary license to applicants who meet conditions
specified in proposed law
Proposed law authorizes the board to issue a license to an individual who meets all of the following
qualifications and requirements:
(1)He is licensed, certified, or registered in another state or territory of the U.S. that has
requirements determined by the board to be substantially equivalent to the requirements
specified in proposed law.
(2)His license is in good standing in the other state or territory in which he is licensed.
(3)He applies in the manner required by the board.
(4)He pays an application fee required by the board.
Proposed law stipulates that the following persons are not required to be licensed in accordance with
proposed law:
(1)A physician who is licensed pursuant to present law. Stipulates that no physician shall use
the title "genetic counselor" or any other title that indicates that he is a genetic counselor
unless he is licensed in accordance with proposed law.
(2)A student or an intern from an accredited school who is participating in a supervised genetic
counseling training program.
(3)An individual from another state who is certified by the American Board of Medical Genetics
or the American Board of Genetic Counseling when providing a true consultation as defined
by rules of the board.
Proposed law provides conditions and procedures for renewal of licenses, including fees therefor.
Proposed law authorizes the board, after an administrative hearing conducted in accordance with
applicable requirements of present law, or by consent of the parties, to deny or refuse to issue, revoke, suspend, or cancel a license or place on probation, reprimand, censure, or otherwise
discipline a licensee upon proof satisfactory to the board that the person has done or been any of the
following:
(1)He has obtained or attempted to obtain a license by fraud or deception.
(2)He has been convicted of a felony under state or federal law or committed any other offense
involving moral turpitude.
(3)He has been adjudged to have a mental illness or incompetent by a court of competent
jurisdiction.
(4)He has used illicit drugs or intoxicating liquors to the extent which adversely affects his
practice.
(5)He has engaged in unethical or unprofessional conduct including, without limitation, willful
acts, negligence, or incompetence in the course of professional practice.
(6)He has violated any lawful order, rule, or regulation rendered or adopted by the board.
(7)He has been refused issuance of a license or been disciplined in connection with a license
issued by any other state or country, or surrendered a license issued by another state or
country when criminal or administrative charges are pending or threatened against him.
(8)He has refused to submit to an examination and inquiry by an examining committee of
physicians appointed by the board to inquire into his physical or mental fitness and ability
to practice as a genetic counselor with reasonable skill or safety.
(9)He has practiced or otherwise engaged in conduct or functions beyond the scope of genetic
counseling as defined by proposed law.
Proposed law provides that the final decision of the board in an adjudication proceeding, other than
by agreement or other informal disposition, shall constitute a public record.
Proposed law prohibits individuals who do not have a valid license or temporary license as a genetic
counselor from using the title "genetic counselor", "licensed genetic counselor", or any word, letter,
abbreviation, or insignia that indicates or implies that he has been issued a license or has met the
qualifications for licensure established by proposed law.
Proposed law provides that if the board believes a person has engaged in or is going to engage in an
act or practice that constitutes or will constitute a violation of proposed law, the board may apply to
a district court of appropriate jurisdiction for an order enjoining the act or practice. Provides that
if the board determines a person has engaged in or is going to engage in such a prohibited act or
practice, a district court of appropriate jurisdiction may grant an injunction, a restraining order, or
another appropriate order relative to the prohibited act or practice. Proposed law provides that a violation of proposed law shall be a misdemeanor punishable by a fine
not to exceed $1,000 for the first offense and $2,000 for each subsequent offense. Provides that in
addition to any other penalty imposed for a violation of proposed law, the board may petition a
district court of appropriate jurisdiction to enjoin the person who violates proposed law from
practicing genetic counseling.
Proposed law stipulates that there shall be no liability on the part of and no action for damages
against any member of the board, or any agent or employee of the board, in any civil action for any
act performed in good faith in the execution of his duties in accordance with proposed law.
Stipulates further that no person, committee, association, organization, firm, or corporation shall be
held liable for damages pursuant to present law for providing information to the board without
malice and under the reasonable belief that such information is accurate, whether providing such
information as a witness or otherwise.
(Adds R.S. 37:1360.101-1360.111)