1 of 1 HOUSE DOCKET, NO. 421 FILED ON: 1/9/2025 HOUSE . . . . . . . . . . . . . . . No. 338 The Commonwealth of Massachusetts _________________ PRESENTED BY: Tackey Chan _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act relative to genetic counselors. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :DATE ADDED:Tackey Chan2nd Norfolk1/9/2025 1 of 7 HOUSE DOCKET, NO. 421 FILED ON: 1/9/2025 HOUSE . . . . . . . . . . . . . . . No. 338 By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 338) of Tackey Chan relative to genetic counselors. Consumer Protection and Professional Licensure. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE HOUSE, NO. 5147 OF 2023-2024.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act relative to genetic counselors. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. Chapter 112 of the General Laws, as appearing in the 2022 Official Edition, 2is hereby amended by striking out section 252 and inserting in place thereof the following 3section:- 4 Section 252. As used in sections 252 to 258, inclusive, the following words shall, unless 5the context requires otherwise, have the following meanings: 6 “ABGC”, the American Board of Genetic Counseling, a national agency for certification 7and recertification of genetic counselors, or its successor agency. 8 “ABMGG”, the American Board of Medical Genetics and Genomics, a national agency 9for certification and recertification of genetic counselors, MD geneticists and PhD geneticists, or 10its successor agency. 2 of 7 11 “ACGC”, the Accreditation Council for Genetic Counseling, a national agency for 12accreditation of genetic counselor training programs, or its successor agency. 13 “Active candidate status”, a person who has met the requirements established by ABGC 14to take the ABGC genetic counselor certification exam and has been granted the designation by 15ABGC. 16 “Board”, the board of registration of genetic counselors. 17 “General supervision”, a supervisor, whether a licensed genetic counselor or MD, who 18has the overall responsibility to assess the work of a provisional licensed genetic counselor, 19including regular meetings and chart review; provided, however, that an annual supervision 20contract signed by the supervisor and supervisee shall be on file with both parties. 21 “Licensed genetic counselor”, a person licensed under section 105 of chapter 13 to 22engage in the practice of genetic counseling. 23 “Practice of genetic counseling”, a communication process, conducted by 1 or more 24appropriately trained individuals, that may include: 25 (a) obtaining and evaluating individual, family and medical histories to determine genetic 26risk for genetic-medical conditions and diseases in a patient, their offspring and other family 27members; 28 (b) discussing the features, natural history, means of diagnosis, genetic and 29environmental factors and management of risk for genetic-medical conditions and diseases; 30 (c) identifying, ordering and coordinating genetic laboratory tests and other diagnostic 31studies as appropriate for the genetic assessment; 3 of 7 32 (d) integrating genetic laboratory test results and other diagnostic studies with personal 33and family medical history to assess and communicate risk factors for genetic-medical conditions 34and diseases; 35 (e) explaining the clinical implications of genetic laboratory tests and other diagnostic 36studies and their results; 37 (f) evaluating the patient’s or family’s responses to the condition or risk of recurrence and 38provide patient-centered counseling and anticipatory guidance; 39 (g) identifying and utilizing community resources that provide medical, educational, 40financial and psychosocial support and advocacy; 41 (h) providing written documentation of medical, genetic and counseling information for 42families and health care professionals; or 43 (i) any other criteria the board deems appropriate and consistent with clauses (a) to (h), 44inclusive. 45 “Provisional licensed genetic counselor”, a person with a provisional license issued under 46section 255. 47 SECTION 2. Said chapter 112, as so appearing, is hereby further amended by striking out 48sections 254 through 257, inclusive, and inserting in place thereof the following 4 sections:- 49 Section 254. An applicant for registration as a genetic counselor shall: 50 (a) possess at a minimum: (i) a master’s degree from a genetic counseling training 51program that is accredited by the ACGC or an equivalent as determined by the ACGC; or (ii) a 4 of 7 52doctoral degree from a medical genetics training program that is accredited by the ABMGG or 53an equivalent as determined by the ABMGG; 54 (b) have obtained: (i) ABGC certification by examination as a genetic counselor; or (ii) 55the ABMGG certification by examination as a Ph.D. medical geneticist; and 56 (c) have met experience requirements as may be required by the board; provided, that the 57board shall require continuing education as a condition for license renewals. 58 Section 255. A person who meets the qualifications for licensure as a genetic counselor, 59except certification and who has been granted active candidate status, may apply to practice as a 60provisional licensed genetic counselor by filing an approved application with the board and 61payment of a fee to be determined by the secretary of administration and finance. The board may 62grant a provisional license to a person who successfully completes a genetic counseling 63education program approved by the board and is qualified to be admitted to the examination. 64Such license shall be valid for 2 years from the date of its issue and may be renewed for an 65additional 1 year; provided, that the applicant shall have active candidate status according to 66ACGC or if the applicant fails the first sitting of the ABMGG exam, as applicable. Such 67provisional license shall expire automatically upon the earliest of the following: 68 (i) issuance of a full license; or 69 (ii) the date printed on the temporary license. 70 An application for extension shall be signed by a supervising licensed genetic counselor. 71A provisional licensed genetic counselor shall be under the general supervision of a licensed 72genetic counselor or a licensed physician with current ABMGG certification in clinical genetics 5 of 7 73at all times during which the provisional licensed genetic counselor performs clinical genetic 74counseling. The board shall adopt rules governing such supervision and direction which may not 75require the immediate physical presence of the supervising licensed genetic counselor. 76 Section 256. (a) The board shall examine applicants for certification as genetic 77counselors at such times and places as it may determine. The examination shall meet the 78standards established by the ACGC. The examination shall test an applicant’s knowledge of 79basic and clinical sciences as they relate to genetic counseling theory and practice and other 80subjects as the board may deem useful to determine the applicant’s fitness to act as a genetic 81counselor. The board may utilize a national examination that meets the requirements of this 82section. 83 (b) The board shall examine applicants for certification as Ph.D. medical geneticists at 84such times and places as it may determine. The examination shall meet the standards established 85by the ABMGG. The examination shall test an applicant’s knowledge of basic and clinical 86sciences as they relate to genetic counseling theory and practice and other subjects as the board 87may deem useful to determine the applicant’s fitness to act as a genetic counselor. The board 88may utilize a national examination that meets the requirements of this section. 89 Section 257. No person shall hold themself out as a genetic counselor unless they are 90licensed in accordance with sections 255 or 256, or under section 105 of chapter 13. No person 91who is not so licensed may use in connection with their name or place of business the title 92“genetic counselor”, “licensed genetic counselor”, “gene counselor”, “genetic consultant”, 93“genetic associate” or any words, letters, abbreviations or insignia indicating or implying a 94person holds a genetic counseling license. 6 of 7 95 Nothing in this section shall be construed to prevent or restrict the practice, service or 96activities of: 97 (a) any person licensed, certified or registered in the commonwealth, by any other statute 98other than as a genetic counselor from engaging in activities within the scope of practice of the 99profession or occupation for which the person is licensed; provided, that the person shall not 100represent to the public, directly or indirectly, that the person is licensed under sections 255 or 101256, or under section 105 of chapter 13, and that the person shall not use any name, title or 102designation indicating that the person is licensed under those sections; 103 (b) any person employed as a genetic counselor by the federal government or an agency 104thereof if such person provides genetic counseling services solely under the direction and control 105of the organization by which the person is employed; 106 (c) a student or intern enrolled in an approved genetic counseling education program if 107genetic counseling services performed by the student are an integral part of the student’s course 108of study and are performed under the direct supervision of a licensed genetic counselor assigned 109to supervise the student and who is on duty and available in the assigned patient care area and if 110the person is designated by a title which clearly indicates the person’s status as a student or 111intern; 112 (d) an individual trained as a Ph.D. medical geneticist who is reapplying for the ABMGG 113certification examination and is gathering logbook cases under a supervisor identified in the 114training program’s ABMGG accreditation documents as a member of the training faculty; and 7 of 7 115 (e) visiting ABGC or ABMGG-certified genetic counselors from outside the 116commonwealth operating as consultants or the use of occasional services of organizations from 117outside the commonwealth employing ABGC or ABMGG-certified genetic counselors.