Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H338 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 421 FILED ON: 1/9/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 338
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Tackey Chan
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to genetic counselors.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Tackey Chan2nd Norfolk1/9/2025 1 of 7
16	16	HOUSE DOCKET, NO. 421 FILED ON: 1/9/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 338
18	18	By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 338) of Tackey
19	19	Chan relative to genetic counselors. Consumer Protection and Professional Licensure.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 5147 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to genetic counselors.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 112 of the General Laws, as appearing in the 2022 Official Edition,
31	31	2is hereby amended by striking out section 252 and inserting in place thereof the following
32	32	3section:-
33	33	4 Section 252. As used in sections 252 to 258, inclusive, the following words shall, unless
34	34	5the context requires otherwise, have the following meanings:
35	35	6 “ABGC”, the American Board of Genetic Counseling, a national agency for certification
36	36	7and recertification of genetic counselors, or its successor agency.
37	37	8 “ABMGG”, the American Board of Medical Genetics and Genomics, a national agency
38	38	9for certification and recertification of genetic counselors, MD geneticists and PhD geneticists, or
39	39	10its successor agency. 2 of 7
40	40	11 “ACGC”, the Accreditation Council for Genetic Counseling, a national agency for
41	41	12accreditation of genetic counselor training programs, or its successor agency.
42	42	13 “Active candidate status”, a person who has met the requirements established by ABGC
43	43	14to take the ABGC genetic counselor certification exam and has been granted the designation by
44	44	15ABGC.
45	45	16 “Board”, the board of registration of genetic counselors.
46	46	17 “General supervision”, a supervisor, whether a licensed genetic counselor or MD, who
47	47	18has the overall responsibility to assess the work of a provisional licensed genetic counselor,
48	48	19including regular meetings and chart review; provided, however, that an annual supervision
49	49	20contract signed by the supervisor and supervisee shall be on file with both parties.
50	50	21 “Licensed genetic counselor”, a person licensed under section 105 of chapter 13 to
51	51	22engage in the practice of genetic counseling.
52	52	23 “Practice of genetic counseling”, a communication process, conducted by 1 or more
53	53	24appropriately trained individuals, that may include:
54	54	25 (a) obtaining and evaluating individual, family and medical histories to determine genetic
55	55	26risk for genetic-medical conditions and diseases in a patient, their offspring and other family
56	56	27members;
57	57	28 (b) discussing the features, natural history, means of diagnosis, genetic and
58	58	29environmental factors and management of risk for genetic-medical conditions and diseases;
59	59	30 (c) identifying, ordering and coordinating genetic laboratory tests and other diagnostic
60	60	31studies as appropriate for the genetic assessment; 3 of 7
61	61	32 (d) integrating genetic laboratory test results and other diagnostic studies with personal
62	62	33and family medical history to assess and communicate risk factors for genetic-medical conditions
63	63	34and diseases;
64	64	35 (e) explaining the clinical implications of genetic laboratory tests and other diagnostic
65	65	36studies and their results;
66	66	37 (f) evaluating the patient’s or family’s responses to the condition or risk of recurrence and
67	67	38provide patient-centered counseling and anticipatory guidance;
68	68	39 (g) identifying and utilizing community resources that provide medical, educational,
69	69	40financial and psychosocial support and advocacy;
70	70	41 (h) providing written documentation of medical, genetic and counseling information for
71	71	42families and health care professionals; or
72	72	43 (i) any other criteria the board deems appropriate and consistent with clauses (a) to (h),
73	73	44inclusive.
74	74	45 “Provisional licensed genetic counselor”, a person with a provisional license issued under
75	75	46section 255.
76	76	47 SECTION 2. Said chapter 112, as so appearing, is hereby further amended by striking out
77	77	48sections 254 through 257, inclusive, and inserting in place thereof the following 4 sections:-
78	78	49 Section 254. An applicant for registration as a genetic counselor shall:
79	79	50 (a) possess at a minimum: (i) a master’s degree from a genetic counseling training
80	80	51program that is accredited by the ACGC or an equivalent as determined by the ACGC; or (ii) a 4 of 7
81	81	52doctoral degree from a medical genetics training program that is accredited by the ABMGG or
82	82	53an equivalent as determined by the ABMGG;
83	83	54 (b) have obtained: (i) ABGC certification by examination as a genetic counselor; or (ii)
84	84	55the ABMGG certification by examination as a Ph.D. medical geneticist; and
85	85	56 (c) have met experience requirements as may be required by the board; provided, that the
86	86	57board shall require continuing education as a condition for license renewals.
87	87	58 Section 255. A person who meets the qualifications for licensure as a genetic counselor,
88	88	59except certification and who has been granted active candidate status, may apply to practice as a
89	89	60provisional licensed genetic counselor by filing an approved application with the board and
90	90	61payment of a fee to be determined by the secretary of administration and finance. The board may
91	91	62grant a provisional license to a person who successfully completes a genetic counseling
92	92	63education program approved by the board and is qualified to be admitted to the examination.
93	93	64Such license shall be valid for 2 years from the date of its issue and may be renewed for an
94	94	65additional 1 year; provided, that the applicant shall have active candidate status according to
95	95	66ACGC or if the applicant fails the first sitting of the ABMGG exam, as applicable. Such
96	96	67provisional license shall expire automatically upon the earliest of the following:
97	97	68 (i) issuance of a full license; or
98	98	69 (ii) the date printed on the temporary license.
99	99	70 An application for extension shall be signed by a supervising licensed genetic counselor.
100	100	71A provisional licensed genetic counselor shall be under the general supervision of a licensed
101	101	72genetic counselor or a licensed physician with current ABMGG certification in clinical genetics 5 of 7
102	102	73at all times during which the provisional licensed genetic counselor performs clinical genetic
103	103	74counseling. The board shall adopt rules governing such supervision and direction which may not
104	104	75require the immediate physical presence of the supervising licensed genetic counselor.
105	105	76 Section 256. (a) The board shall examine applicants for certification as genetic
106	106	77counselors at such times and places as it may determine. The examination shall meet the
107	107	78standards established by the ACGC. The examination shall test an applicant’s knowledge of
108	108	79basic and clinical sciences as they relate to genetic counseling theory and practice and other
109	109	80subjects as the board may deem useful to determine the applicant’s fitness to act as a genetic
110	110	81counselor. The board may utilize a national examination that meets the requirements of this
111	111	82section.
112	112	83 (b) The board shall examine applicants for certification as Ph.D. medical geneticists at
113	113	84such times and places as it may determine. The examination shall meet the standards established
114	114	85by the ABMGG. The examination shall test an applicant’s knowledge of basic and clinical
115	115	86sciences as they relate to genetic counseling theory and practice and other subjects as the board
116	116	87may deem useful to determine the applicant’s fitness to act as a genetic counselor. The board
117	117	88may utilize a national examination that meets the requirements of this section.
118	118	89 Section 257. No person shall hold themself out as a genetic counselor unless they are
119	119	90licensed in accordance with sections 255 or 256, or under section 105 of chapter 13. No person
120	120	91who is not so licensed may use in connection with their name or place of business the title
121	121	92“genetic counselor”, “licensed genetic counselor”, “gene counselor”, “genetic consultant”,
122	122	93“genetic associate” or any words, letters, abbreviations or insignia indicating or implying a
123	123	94person holds a genetic counseling license. 6 of 7
124	124	95 Nothing in this section shall be construed to prevent or restrict the practice, service or
125	125	96activities of:
126	126	97 (a) any person licensed, certified or registered in the commonwealth, by any other statute
127	127	98other than as a genetic counselor from engaging in activities within the scope of practice of the
128	128	99profession or occupation for which the person is licensed; provided, that the person shall not
129	129	100represent to the public, directly or indirectly, that the person is licensed under sections 255 or
130	130	101256, or under section 105 of chapter 13, and that the person shall not use any name, title or
131	131	102designation indicating that the person is licensed under those sections;
132	132	103 (b) any person employed as a genetic counselor by the federal government or an agency
133	133	104thereof if such person provides genetic counseling services solely under the direction and control
134	134	105of the organization by which the person is employed;
135	135	106 (c) a student or intern enrolled in an approved genetic counseling education program if
136	136	107genetic counseling services performed by the student are an integral part of the student’s course
137	137	108of study and are performed under the direct supervision of a licensed genetic counselor assigned
138	138	109to supervise the student and who is on duty and available in the assigned patient care area and if
139	139	110the person is designated by a title which clearly indicates the person’s status as a student or
140	140	111intern;
141	141	112 (d) an individual trained as a Ph.D. medical geneticist who is reapplying for the ABMGG
142	142	113certification examination and is gathering logbook cases under a supervisor identified in the
143	143	114training program’s ABMGG accreditation documents as a member of the training faculty; and 7 of 7
144	144	115 (e) visiting ABGC or ABMGG-certified genetic counselors from outside the
145	145	116commonwealth operating as consultants or the use of occasional services of organizations from
146	146	117outside the commonwealth employing ABGC or ABMGG-certified genetic counselors.