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North Carolina House Bill H697

North Carolina 2025-2026 Regular Session

North Carolina House Bill H697 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 1
4-HOUSE BILL 697
3+H D
4+HOUSE BILL DRH10342-NBf-87
5+
56
67
78 Short Title: NC Genetic Counselors Workforce Act. (Public)
8-Sponsors: Representatives Potts, Reeder, Campbell, and Cervania (Primary Sponsors).
9-For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10-Referred to: Health, if favorable, Regulatory Reform, if favorable, Finance, if favorable, Rules,
11-Calendar, and Operations of the House
12-April 3, 2025
13-*H697 -v-1*
9+Sponsors: Representative Potts.
10+Referred to:
11+
12+*DRH10342 -NBf-87*
1413 A BILL TO BE ENTITLED 1
1514 AN ACT TO ESTABLISH THE GENETIC COUNSELORS LICENSURE BOARD AND TO 2
1615 REGULATE THE PRACTICE OF GENETIC COUNSELING. 3
1716 The General Assembly of North Carolina enacts: 4
1817 SECTION 1. Chapter 90 of the General Statutes is amended by adding a new Article 5
1918 to read: 6
2019 "Article 44. 7
2120 "Genetic Counselor Licensure. 8
2221 "§ 90-750. Definitions. 9
2322 The following definitions apply in this Article: 10
2423 (1) ABGC. – The American Board of Genetic Counseling, its successor or 11
2524 equivalent. 12
2625 (2) ACGC. – Accreditation Council for Genetic Counseling. 13
2726 (3) ACS. – Active Candidate Status conferred by the American Board of Genetic 14
2827 Counseling. 15
2928 (4) Active Candidate Status. – A person who has met the requirements established 16
3029 by the ABGC to take the ABGC certification examinations in general genetics 17
3130 and genetic counseling and has been granted this designation by ABGC. 18
3231 (5) Board. – The Genetic Counselors Licensing Board. 19
3332 (6) CEU. – The Continuing Education Unit as defined by the NSGC. 20
3433 (7) Department. – The Department of Health and Human Services. 21
3534 (8) Examination. – The ABGC certification exam. 22
3635 (9) Genetic counseling. – The provision of services by an individual who qualifies 23
3736 for a license under this Article and provides services to individuals located in 24
3837 the State. 25
3938 (10) Genetic counseling intern. – A student enrolled in a genetic counseling 26
4039 program accredited by ACGC. 27
4140 (11) Genetic counselor. – An individual who is licensed under this Article to 28
4241 engage in the competent practice of genetic counseling. 29
4342 (12) Genetic testing. – An analysis of human DNA, RNA, chromosomes, proteins, 30
4443 or metabolites, if the analysis detects genotypes, mutations, or chromosomal 31
4544 changes, so long as the selection of tests and laboratories by the genetic 32
4645 counselor conforms to the acceptable and prevailing standards of care and 33
47-ethics of the practice of genetic counseling as determined by the Board. 34 General Assembly Of North Carolina Session 2025
48-Page 2 House Bill 697-First Edition
49-(13) NSGC. – The National Society of Genetic Counselors, its successor or 1
50-equivalent. 2
51-(14) Qualified supervisor. – Any person who is a licensed genetic counselor or a 3
52-physician licensed to practice medicine under Article 1 of this Chapter. 4
53-(15) Reciprocity. – The issuance of a license by the Board to an individual who has 5
54-been granted a license under the laws of another state, territory, or jurisdiction 6
55-of the United States that currently imposes substantially similar licensure 7
56-requirements as those imposed by this Article. 8
57-(16) Referral. – A written or telecommunicated authorization for genetic 9
58-counseling services from a physician licensed to practice medicine in all its 10
59-branches, an advanced practice nurse who has a collaborative agreement with 11
60-a physician that authorizes referrals to a genetic counselor, or a physician 12
61-assistant who has been delegated authority to make referrals to genetic 13
62-counselors. 14
63-(17) Supervisee. – A genetic counselor with a temporary license. 15
64-(18) Supervision. – A qualified supervisor who has the overall responsibility to 16
65-assess the work of the supervisee, including regular meetings and chart 17
66-review; provided that an annual supervision contract signed by the qualified 18
67-supervisor and supervisee be on file with both parties. The qualified 19
68-supervisor's presence is not required during the performance of the service. 20
69-(19) Temporary license. – A license to practice genetic counseling in accordance 21
70-with this Article. 22
71-"§ 90-751. Genetic Counselors Licensure Board. 23
72-(a) Establishment. – The Genetic Counselors Licensure Board is established. The Board 24
73-shall consist of five members who shall serve staggered terms. The initial Board shall be selected 25
74-as follows: 26
75-(1) One member, who is a licensed genetic counselor, shall be appointed by the 27
76-General Assembly, upon the recommendation of the Speaker of the House of 28
77-Representatives, to serve a three-year term. 29
78-(2) One member, who is a licensed genetic counselor, shall be appointed by the 30
79-General Assembly, upon the recommendation of the President Pro Tempore 31
80-of the Senate, to serve a three-year term. 32
81-(3) The Governor shall appoint the following three members: 33
82-a. One licensed genetic counselor to serve a three-year term. 34
83-b. One licensed physician to serve a three-year term. 35
84-c. One public member to serve a three-year term. 36
85-(b) Appointment. – Upon the expiration of the terms of the initial Board members, each 37
86-member shall be appointed by the appointing authorities designated in subdivisions (a)(1) 38
87-through (3) of this section for a three-year term and shall serve until a successor is appointed and 39
88-qualified. All members appointed to the Board, except for the public member appointed by the 40
89-Governor under subdivision (a)(3) of this section, shall be required to be licensed under this 41
90-Article and shall seek licensure in this State as soon as the first application period begins. No 42
91-member may serve more than two consecutive terms. Each member shall be a resident of this 43
92-State. A former member shall be eligible for appointment after a period of one year of not being 44
93-a member of the Board. 45
94-(c) Vacancies; Qualifications. – If a member of the Board cannot complete a term of 46
95-office, the vacancy shall be filled in the same manner as the original appointment for the 47
96-remainder of the unexpired term. No Board member shall participate in any matter before the 48
97-Board in which the member has a pecuniary interest or similar conflict of interest. 49
98-(d) Removal. – A member may be removed by the Governor for any of the following: 50
99-(1) Ceases to meet the qualifications specified in this section. 51 General Assembly Of North Carolina Session 2025
100-House Bill 697-First Edition Page 3
101-(2) Fails to attend three successive Board meetings without just cause as 1
102-determined by the remainder of the Board. 2
103-(3) Is found by the remainder of the Board to be in violation of the provisions of 3
104-this Article or to have engaged in immoral, dishonorable, unprofessional, or 4
105-unethical conduct, and the conduct is deemed to compromise the integrity of 5
106-the Board. 6
107-(4) Is found guilty of a felony or an unlawful act involving moral turpitude by a 7
108-court of competent jurisdiction or is found to have entered a plea of nolo 8
109-contendere to a felony or an unlawful act involving moral turpitude. 9
110-(5) Is found guilty of malfeasance, misfeasance, or nonfeasance regarding Board 10
111-duties by a court of competent jurisdiction. 11
112-(6) Is incapacitated and without reasonable likelihood of resuming Board duties, 12
113-as determined by the Board. 13
114-(e) Meetings. – The Board shall elect annually a chair, vice-chair, and secretary to carry 14
115-out the purposes of this Article. The Board shall meet at least two times annually. The Board may 15
116-hold additional meetings upon the call of the chair or any two board members. A majority of the 16
117-Board shall constitute a quorum. 17
118-(f) Compensation of Members; Expenses; Employees. – Members of the Board shall 18
119-receive no compensation for their services but shall receive per diem and necessary travel and 19
120-subsistence expenses as provided in G.S. 138-5 and G.S. 138-6. The Board may employ 20
121-necessary personnel for the performance of its functions and fix the compensation. The Board 21
122-shall not employ any of its members to perform inspectional or similar ministerial tasks for the 22
123-Board. In no event shall the State of North Carolina be liable for expenses incurred by the Board 23
124-in excess of the income derived from this Article. 24
125-"§ 90-752. Powers and duties of Board. 25
126-(a) Powers. – The Board shall have the following powers and duties: 26
127-(1) Administer, coordinate, and enforce the provisions of this Article. 27
128-(2) Adopt, amend, or repeal rules to administer and enforce this Article. 28
129-(3) Establish and determine qualification and fitness of applicants for licensure 29
46+ethics of the practice of genetic counseling as determined by the Board. 34
47+(13) NSGC. – The National Society of Genetic Counselors, its successor or 35
48+equivalent. 36
49+H.B. 697
50+Apr 2, 2025
51+HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
52+Page 2 DRH10342-NBf-87
53+(14) Qualified supervisor. – Any person who is a licensed genetic counselor or a 1
54+physician licensed to practice medicine under Article 1 of this Chapter. 2
55+(15) Reciprocity. – The issuance of a license by the Board to an individual who has 3
56+been granted a license under the laws of another state, territory, or jurisdiction 4
57+of the United States that currently imposes substantially similar licensure 5
58+requirements as those imposed by this Article. 6
59+(16) Referral. – A written or telecommunicated authorization for genetic 7
60+counseling services from a physician licensed to practice medicine in all its 8
61+branches, an advanced practice nurse who has a collaborative agreement with 9
62+a physician that authorizes referrals to a genetic counselor, or a physician 10
63+assistant who has been delegated authority to make referrals to genetic 11
64+counselors. 12
65+(17) Supervisee. – A genetic counselor with a temporary license. 13
66+(18) Supervision. – A qualified supervisor who has the overall responsibility to 14
67+assess the work of the supervisee, including regular meetings and chart 15
68+review; provided that an annual supervision contract signed by the qualified 16
69+supervisor and supervisee be on file with both parties. The qualified 17
70+supervisor's presence is not required during the performance of the service. 18
71+(19) Temporary license. – A license to practice genetic counseling in accordance 19
72+with this Article. 20
73+"§ 90-751. Genetic Counselors Licensure Board. 21
74+(a) Establishment. – The Genetic Counselors Licensure Board is established. The Board 22
75+shall consist of five members who shall serve staggered terms. The initial Board shall be selected 23
76+as follows: 24
77+(1) One member, who is a licensed genetic counselor, shall be appointed by the 25
78+General Assembly, upon the recommendation of the Speaker of the House of 26
79+Representatives, to serve a three-year term. 27
80+(2) One member, who is a licensed genetic counselor, shall be appointed by the 28
81+General Assembly, upon the recommendation of the President Pro Tempore 29
82+of the Senate, to serve a three-year term. 30
83+(3) The Governor shall appoint the following three members: 31
84+a. One licensed genetic counselor to serve a three-year term. 32
85+b. One licensed physician to serve a three-year term. 33
86+c. One public member to serve a three-year term. 34
87+(b) Appointment. – Upon the expiration of the terms of the initial Board members, each 35
88+member shall be appointed by the appointing authorities designated in subdivisions (a)(1) 36
89+through (3) of this section for a three-year term and shall serve until a successor is appointed and 37
90+qualified. All members appointed to the Board, except for the public member appointed by the 38
91+Governor under subdivision (a)(3) of this section, shall be required to be licensed under this 39
92+Article and shall seek licensure in this State as soon as the first application period begins. No 40
93+member may serve more than two consecutive terms. Each member shall be a resident of this 41
94+State. A former member shall be eligible for appointment after a period of one year of not being 42
95+a member of the Board. 43
96+(c) Vacancies; Qualifications. – If a member of the Board cannot complete a term of 44
97+office, the vacancy shall be filled in the same manner as the original appointment for the 45
98+remainder of the unexpired term. No Board member shall participate in any matter before the 46
99+Board in which the member has a pecuniary interest or similar conflict of interest. 47
100+(d) Removal. – A member may be removed by the Governor for any of the following: 48
101+(1) Ceases to meet the qualifications specified in this section. 49
102+(2) Fails to attend three successive Board meetings without just cause as 50
103+determined by the remainder of the Board. 51 General Assembly Of North Carolina Session 2025
104+DRH10342-NBf-87 Page 3
105+(3) Is found by the remainder of the Board to be in violation of the provisions of 1
106+this Article or to have engaged in immoral, dishonorable, unprofessional, or 2
107+unethical conduct, and the conduct is deemed to compromise the integrity of 3
108+the Board. 4
109+(4) Is found guilty of a felony or an unlawful act involving moral turpitude by a 5
110+court of competent jurisdiction or is found to have entered a plea of nolo 6
111+contendere to a felony or an unlawful act involving moral turpitude. 7
112+(5) Is found guilty of malfeasance, misfeasance, or nonfeasance regarding Board 8
113+duties by a court of competent jurisdiction. 9
114+(6) Is incapacitated and without reasonable likelihood of resuming Board duties, 10
115+as determined by the Board. 11
116+(e) Meetings. – The Board shall elect annually a chair, vice-chair, and secretary to carry 12
117+out the purposes of this Article. The Board shall meet at least two times annually. The Board may 13
118+hold additional meetings upon the call of the chair or any two board members. A majority of the 14
119+Board shall constitute a quorum. 15
120+(f) Compensation of Members; Expenses; Employees. – Members of the Board shall 16
121+receive no compensation for their services but shall receive per diem and necessary travel and 17
122+subsistence expenses as provided in G.S. 138-5 and G.S. 138-6. The Board may employ 18
123+necessary personnel for the performance of its functions and fix the compensation. The Board 19
124+shall not employ any of its members to perform inspectional or similar ministerial tasks for the 20
125+Board. In no event shall the State of North Carolina be liable for expenses incurred by the Board 21
126+in excess of the income derived from this Article. 22
127+"§ 90-752. Powers and duties of Board. 23
128+(a) Powers. – The Board shall have the following powers and duties: 24
129+(1) Administer, coordinate, and enforce the provisions of this Article. 25
130+(2) Adopt, amend, or repeal rules to administer and enforce this Article. 26
131+(3) Establish and determine qualification and fitness of applicants for licensure 27
132+under this Article. 28
133+(4) Issue, renew, deny, suspend, revoke, or refuse to issue or renew any license 29
130134 under this Article. 30
131-(4) Issue, renew, deny, suspend, revoke, or refuse to issue or renew any license 31
132-under this Article. 32
133-(5) Establish fees for applications, initial and renewal licenses, and other services 33
134-provided by the Board. 34
135-(6) Discipline individuals licensed under this Article. 35
136-(7) Adopt rules that establish standard of ethical practice. 36
137-(b) Investigation. – The Board may empower any member to conduct any proceeding or 37
138-investigation necessary to its purposes and may empower its agent or counsel to conduct any 38
139-investigation necessary to its purposes, but any final action requires a quorum of the Board. 39
140-(c) Seal. – The Board shall adopt an official seal, which shall be affixed to all licenses 40
141-issued by it. 41
142-"§ 90-753. Publishing certain data. 42
143-(a) The Board shall make all names of licensed genetic counselors, along with any 43
144-disciplinary information, available to the public and published on its website. 44
145-(b) On June 30 of each year, the Board shall submit a report to the Governor of the Board's 45
146-activities since the preceding July 1, including (i) the names of all licensed genetic counselors to 46
147-whom licenses have been granted under this Article, (ii) any cases heard and decisions rendered 47
148-in matters before the Board, (iii) the recommendations of the Board as to future actions and 48
149-policies, and (iv) a financial report. Each member of the Board shall review and sign the report 49
150-before its submission to the Governor. Any Board member shall have the right to record a 50
151-dissenting view. 51 General Assembly Of North Carolina Session 2025
152-Page 4 House Bill 697-First Edition
153-"§ 90-754. Qualification for licensure; application. 1
154-(a) Application; Qualification. – Each individual desiring to obtain a license under this 2
155-Article shall apply to the Board in accordance with the procedure and rules prescribed by the 3
156-Board. Each applicant shall furnish evidence satisfactory to the Board that the applicant meets 4
157-all of the following criteria: 5
158-(1) Submit an application prescribed by the Board. 6
159-(2) Pay a fee determined by the Board in accordance with G.S. 90-756. 7
160-(3) Provide satisfactory evidence of having certification as a genetic counselor by 8
161-the ABGC. 9
162-(4) Is at least 18 years of age. 10
163-(5) Is of good moral character and conducts all professional activities in 11
164-accordance with accepted professional and ethical standards. 12
165-(6) Has not engaged in any practice at any time that would be a ground for denial, 13
166-revocation, or suspension of a license under G.S. 90-761. 14
167-(7) Has submitted the required criminal history record, as required by law. 15
168-(8) Is qualified for licensure under the requirements of this Article. 16
169-(b) Temporary Licensure. – A temporary license may be issued to an applicant who meets 17
170-all of the requirements for licensure except for subdivision (a)(3) of this section and has been 18
171-granted ACS by the ABGC. A temporary license shall be valid for one year from the date of 19
172-issuance and may be renewed for an additional year if an applicant fails the first sitting of the 20
173-ABGC certification exam. A temporary license shall expire automatically upon the earliest of the 21
174-following: 22
175-(1) Issuance of a full license. 23
176-(2) Thirty days after the applicant fails to pass the complete certification 24
177-examination without renewing it in accordance with this subsection. 25
178-(3) The date printed on the temporary license. 26
179-An application for extension of the temporary license shall be signed by a qualified 27
180-supervisor. A temporary licensed genetic counselor shall work under the general supervision of 28
181-a qualified supervisor at all times during which the temporary licensed genetic counselor 29
182-performs genetic counseling. 30
183-(c) Reciprocity. – An applicant who satisfies the Board that the applicant is licensed or 31
184-registered under the laws of another state, territory, or jurisdiction of the United States, which in 32
185-the opinion of the Board imposes substantially the same licensing requirements as this Article, 33
186-may be licensed by the Board pursuant to this Article. 34
187-(d) Alternative Application for Licensure. – An individual may apply to the Board for 35
188-licensure who does not qualify for licensure under this Article but who has worked as a genetic 36
189-counselor for a minimum of 10 years preceding the enactment of this Article and who provides 37
190-documentation of all of the following: 38
191-(1) Has a master's or higher degree in genetics or a related field of study. 39
192-(2) Has never passed the ABGC certification examination. 40
193-(3) Submits three letters of recommendation from at least one genetic counselor 41
194-who qualifies for licensure under this Article and a licensed physician. All 42
195-individuals submitting letters of recommendation must have worked with the 43
196-applicant in an employment setting during the last 10 years and can attest to 44
197-the applicant's competency in providing genetic counseling services. 45
198-(4) Can provide documentation of attending NSGC-approved CEU programs 46
199-within the last five years. 47
200-(e) Issuance; Renewal. – Except in the case of a temporary license, all licenses shall be 48
201-issued for a two-year period upon the payment of the licensing fee prescribed by the Board and 49
202-shall be renewed upon the filing of a renewal application and the payment of the licensing 50
203-renewal fee. 51 General Assembly Of North Carolina Session 2025
204-House Bill 697-First Edition Page 5
135+(5) Establish fees for applications, initial and renewal licenses, and other services 31
136+provided by the Board. 32
137+(6) Discipline individuals licensed under this Article. 33
138+(7) Adopt rules that establish standard of ethical practice. 34
139+(b) Investigation. – The Board may empower any member to conduct any proceeding or 35
140+investigation necessary to its purposes and may empower its agent or counsel to conduct any 36
141+investigation necessary to its purposes, but any final action requires a quorum of the Board. 37
142+(c) Seal. – The Board shall adopt an official seal, which shall be affixed to all licenses 38
143+issued by it. 39
144+"§ 90-753. Publishing certain data. 40
145+(a) The Board shall make all names of licensed genetic counselors, along with any 41
146+disciplinary information, available to the public and published on its website. 42
147+(b) On June 30 of each year, the Board shall submit a report to the Governor of the Board's 43
148+activities since the preceding July 1, including (i) the names of all licensed genetic counselors to 44
149+whom licenses have been granted under this Article, (ii) any cases heard and decisions rendered 45
150+in matters before the Board, (iii) the recommendations of the Board as to future actions and 46
151+policies, and (iv) a financial report. Each member of the Board shall review and sign the report 47
152+before its submission to the Governor. Any Board member shall have the right to record a 48
153+dissenting view. 49
154+"§ 90-754. Qualification for licensure; application. 50 General Assembly Of North Carolina Session 2025
155+Page 4 DRH10342-NBf-87
156+(a) Application; Qualification. – Each individual desiring to obtain a license under this 1
157+Article shall apply to the Board in accordance with the procedure and rules prescribed by the 2
158+Board. Each applicant shall furnish evidence satisfactory to the Board that the applicant meets 3
159+all of the following criteria: 4
160+(1) Submit an application prescribed by the Board. 5
161+(2) Pay a fee determined by the Board in accordance with G.S. 90-756. 6
162+(3) Provide satisfactory evidence of having certification as a genetic counselor by 7
163+the ABGC. 8
164+(4) Is at least 18 years of age. 9
165+(5) Is of good moral character and conducts all professional activities in 10
166+accordance with accepted professional and ethical standards. 11
167+(6) Has not engaged in any practice at any time that would be a ground for denial, 12
168+revocation, or suspension of a license under G.S. 90-761. 13
169+(7) Has submitted the required criminal history record, as required by law. 14
170+(8) Is qualified for licensure under the requirements of this Article. 15
171+(b) Temporary Licensure. – A temporary license may be issued to an applicant who meets 16
172+all of the requirements for licensure except for subdivision (a)(3) of this section and has been 17
173+granted ACS by the ABGC. A temporary license shall be valid for one year from the date of 18
174+issuance and may be renewed for an additional year if an applicant fails the first sitting of the 19
175+ABGC certification exam. A temporary license shall expire automatically upon the earliest of the 20
176+following: 21
177+(1) Issuance of a full license. 22
178+(2) Thirty days after the applicant fails to pass the complete certification 23
179+examination without renewing it in accordance with this subsection. 24
180+(3) The date printed on the temporary license. 25
181+An application for extension of the temporary license shall be signed by a qualified 26
182+supervisor. A temporary licensed genetic counselor shall work under the general supervision of 27
183+a qualified supervisor at all times during which the temporary licensed genetic counselor 28
184+performs genetic counseling. 29
185+(c) Reciprocity. – An applicant who satisfies the Board that the applicant is licensed or 30
186+registered under the laws of another state, territory, or jurisdiction of the United States, which in 31
187+the opinion of the Board imposes substantially the same licensing requirements as this Article, 32
188+may be licensed by the Board pursuant to this Article. 33
189+(d) Alternative Application for Licensure. – An individual may apply to the Board for 34
190+licensure who does not qualify for licensure under this Article but who has worked as a genetic 35
191+counselor for a minimum of 10 years preceding the enactment of this Article and who provides 36
192+documentation of all of the following: 37
193+(1) Has a master's or higher degree in genetics or a related field of study. 38
194+(2) Has never passed the ABGC certification examination. 39
195+(3) Submits three letters of recommendation from at least one genetic counselor 40
196+who qualifies for licensure under this Article and a licensed physician. All 41
197+individuals submitting letters of recommendation must have worked with the 42
198+applicant in an employment setting during the last 10 years and can attest to 43
199+the applicant's competency in providing genetic counseling services. 44
200+(4) Can provide documentation of attending NSGC-approved CEU programs 45
201+within the last five years. 46
202+(e) Issuance; Renewal. – Except in the case of a temporary license, all licenses shall be 47
203+issued for a two-year period upon the payment of the licensing fee prescribed by the Board and 48
204+shall be renewed upon the filing of a renewal application and the payment of the licensing 49
205+renewal fee. 50 General Assembly Of North Carolina Session 2025
206+DRH10342-NBf-87 Page 5
205207 (f) Suspension; Revocation. – A genetic counselor whose license is suspended or 1
206208 revoked or whose surrender of license with or without prejudice has been accepted by the Board 2
207209 or the committee shall promptly deliver the original license to the Board. 3
208210 "§ 90-755. Scope of practice. 4
209211 (a) The practice of genetic counseling shall constitute all of the following: 5
210212 (1) Obtain and evaluate individual, family, and medical histories to determine 6
211213 genetic risk for genetic or medical conditions and diseases in a patient, the 7
212214 patient's children, and other family members. 8
213215 (2) Discuss the features, natural history, means of diagnosis, genetic and 9
214216 environmental factors, and management of risk for genetic or medical 10
215217 conditions. 11
216218 (3) Identify, order, and coordinate genetic laboratory tests as appropriate for the 12
217219 genetic assessment. 13
218220 (4) Integrate genetic laboratory test results with personal and family medical 14
219221 history to assess and communicate risk factors for genetic or medical 15
220222 conditions and diseases. 16
221223 (5) Explain the clinical implications of genetic laboratory tests and their results. 17
222224 (6) Evaluate the client's or family's responses to the condition or risk of recurrence 18
223225 and provide client-centered counseling and anticipatory guidance. 19
224226 (7) Identify and utilize community resources that provide medical, educational, 20
225227 financial, and psychosocial support and advocacy. 21
226228 (8) Provide written documentation of medical, genetic, and counseling 22
227229 information for families and health care professionals. This may include 23
228230 genetic testing results and findings along with published guidelines that comply 24
229231 with the acceptable and prevailing standards of practice and ethics of both 25
230232 genetic counseling and medicine. 26
231233 (b) Except as otherwise provided in this section, the practice of genetic counseling shall 27
232234 not include diagnosis, treatment, or recommendations for treatment. All genetic counselors shall 28
233235 consult with the referring provider or refer all clients back to the referring health care provider 29
234236 for diagnosis, treatment, recommendations for treatment, final interpretations, and any necessary 30
235237 follow up. Genetic counselors shall provide all records, including genetic laboratory test results, 31
236238 to the referring health care provider. 32
237239 "§ 90-756. Fees. 33
238240 The Board may collect fees established by its rules, but those fees shall not exceed the 34
239241 amounts listed below: 35
240242 (1) Application fee for licensure ............................................................... $250.00. 36
241243 (2) License renewal ................................................................................... $200.00. 37
242244 (3) Late renewal fee .................................................................................... $50.00. 38
243245 (4) Reciprocal license application............................................................. $250.00. 39
244246 (5) Temporary license application ............................................................ $100.00. 40
245247 "§ 90-757. Criminal history record checks of applicants for licensure. 41
246248 (a) All applicants for licensure shall consent to a criminal history record check. Refusal 42
247249 to consent to a criminal history record check may constitute grounds for the Board to deny 43
248250 licensure to an applicant. The Board shall be responsible for providing to the North Carolina 44
249251 Department of Public Safety the applicant's fingerprints to be checked, a form signed by the 45
250252 applicant consenting to the criminal history record check and the use of fingerprints and other 46
251253 identifying information required by the State or National Repositories, and any additional 47
252254 information required by the Department of Public Safety. The Board shall keep all information 48
253255 obtained in accordance with this section confidential. 49
254256 (b) The cost of the criminal history record check and the fingerprinting shall be paid by 50
255257 the applicant. The Board shall collect any fees required by the Department of Public Safety and 51 General Assembly Of North Carolina Session 2025
256-Page 6 House Bill 697-First Edition
258+Page 6 DRH10342-NBf-87
257259 shall remit the fees to the Department of Public Safety for expenses associated with conducting 1
258260 the criminal history record check. 2
259261 (c) If an applicant's criminal history record reveals one or more criminal convictions, the 3
260262 conviction shall not automatically bar licensure. The Board shall consider all of the following 4
261263 factors regarding the conviction: 5
262264 (1) The level of seriousness of the crime. 6
263265 (2) The date of the crime. 7
264266 (3) The age of the individual at the time of conviction. 8
265267 (4) The circumstances surrounding the commission of the crime, if known. 9
266268 (5) The nexus between the criminal conduct of the individual and the job duties 10
267269 of the position to be filled. 11
268270 (6) The applicant's prison, jail, probation, parole, rehabilitation, and employment 12
269271 records since the date the crime was committed. 13
270272 (d) If, after reviewing the factors, the Board determines that any of the grounds to deny 14
271273 licensure exist, the Board may deny licensure of the applicant. The Board may disclose to the 15
272274 applicant information contained in the criminal history record that is relevant to the denial if 16
273275 disclosure of the information is permitted by applicable State and federal law. The Board shall 17
274276 not provide a copy of the criminal history to the applicant. The applicant shall have the right to 18
275277 appear before the Board to appeal the Board's decision. An appearance before the full Board shall 19
276278 constitute an exhaustion of administrative remedies in accordance with Chapter 150B of the 20
277279 General Statutes. 21
278280 (e) The Board, its officers, and employees, acting in good faith and in compliance with 22
279281 this section, shall be immune from civil liability for denying licensure to an applicant based on 23
280282 information provided in the applicant's criminal history record. 24
281283 "§ 90-758. Restrictions. 25
282284 (a) No individual shall hold themselves out as a genetic counselor unless the individual 26
283285 is licensed in accordance with this Article. No person who is not so licensed may use in 27
284286 connection with the person's name or place of business the title "genetic counselor," "licensed 28
285287 genetic counselor," "gene counselor," "genetic consultant," "genetic associate," or any words, 29
286288 letters, abbreviations, or insignia indicating or implying a person holds a genetic counseling 30
287289 license. 31
288290 (b) All genetic counselors are subject to the identification requirements imposed by 32
289291 Article 37 of Chapter 90 of the General Statutes. 33
290292 (c) Any person so practicing without being duly licensed and registered in the State shall 34
291293 be guilty of a Class 1 misdemeanor. Any person so practicing without being duly licensed and 35
292294 registered in the State and who is falsely representing himself or herself in a manner as being 36
293295 licensed or registered under this Article of this Chapter shall be guilty of a Class I felony. Any 37
294296 person so practicing without being duly licensed and registered in the State, and who is an 38
295297 out-of-state practitioner, shall be guilty of a Class I felony. 39
296298 "§ 90-759. Exemptions. 40
297299 An individual is exempt from the requirements of this Article if any of the following 41
298300 conditions are met: 42
299301 (1) Any individual licensed by the State to practice in a profession other than 43
300302 genetic counseling when acting within the scope of the individual's profession 44
301303 and doing work of a nature consistent with the individual's training. The 45
302304 individual cannot hold themselves out to the public as a genetic counselor. 46
303305 (2) Any individual employed as a genetic counselor by the State, as well as the 47
304306 federal government or an agency thereof, if the individual provides genetic 48
305307 counseling services solely under the direction and control of the organization 49
306308 by which the individual is employed. 50 General Assembly Of North Carolina Session 2025
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308310 (3) A student or intern enrolled in an ABGC-accredited genetic counseling 1
309311 educational program if genetic counseling services performed by the student 2
310312 are an integral part of the student's course of study and are performed under 3
311313 the direct supervision of a licensed genetic counselor assigned to supervise the 4
312314 student and who is on duty and available in the assigned patient care area and 5
313315 if the person is designated by a title "genetic counseling intern." 6
314316 "§ 90-760. Continuing education requirements. 7
315317 Each applicant shall present satisfactory evidence when seeking license renewal that in the 8
316318 period since the license was issued or last renewed the applicant has completed 30 hours of NSGC 9
317319 continuing education units or other means as approved by NSGC for recertification by ABGC, 10
318320 prorated for the length of the license. The Board shall make exceptions for licensees from the 11
319321 continuing education requirements, including waiver of all or a portion of these requirements or 12
320322 the granting of an extension of time in which to complete these requirements, upon a finding of 13
321323 good cause following receipt of a written request for exception based upon emergency or 14
322324 hardship. 15
323325 "§ 90-761. Unprofessional conduct; violations. 16
324326 (a) The Board may deny, suspend, or revoke licensure and may discipline, place on 17
325327 probation, limit practice, and require examination, remediation, and rehabilitation of any 18
326328 applicant or licensee, as provided for in subsection (b) of this section, for any violation listed in 19
327329 this subsection. 20
328330 (1) Conviction in any court of a crime involving moral turpitude, 21
329331 misrepresentation, fraud, fitness or ability to practice, the violation of a law 22
330332 involving the practice of genetic counseling, or a conviction of a felony. 23
331333 (2) Using fraud or deceit in securing or attempting to secure or renew a license 24
332334 under this Article or willfully concealing from the Board material information 25
333335 in connection with application for a license or for renewal of a license under 26
334336 this Article. 27
335337 (3) Using fraud, deceit, or misrepresentation upon the public, the Board, or any 28
336338 individual in connection with the practice of genetic counseling, the filing of 29
337339 Medicare, Medicaid, or other claims to any third-party payor, or in any manner 30
338340 otherwise relevant to fitness for the practice of genetic counseling. 31
339341 (4) Making fraudulent, misleading, or intentionally or materially false statements 32
340342 pertaining to education, licensure, license renewal, supervision, continuing 33
341343 education, any disciplinary actions or sanctions pending or occurring in any 34
342344 other jurisdiction, professional credentials, or qualifications or fitness for the 35
343345 practice of genetic counseling to the public, any individual, the Board, or any 36
344346 other organization. 37
345347 (5) Having a license revoked, suspended, restricted, or acted against or having a 38
346348 license to practice genetic counseling denied in any other jurisdiction or by a 39
347349 certifying entity. 40
348350 (6) Violation of any provision of this Article or of the rules adopted by the Board. 41
349351 (7) Aiding or abetting the unlawful practice of genetic counseling by any 42
350352 individual not licensed by the Board. 43
351353 (8) Engaging in immoral, dishonorable, unprofessional, or unethical conduct as 44
352354 defined in this subsection or the current ethics code of the certifying entity. 45
353355 (9) Practicing genetic counseling in a manner that endangers the welfare of clients 46
354356 or patients. 47
355357 (10) Demonstrating an inability to practice genetic counseling with reasonable skill 48
356358 and safety by reason of illness; inebriation; misuse of drugs, narcotics, 49
357359 alcohol, chemicals, or any other substance affecting mental or physical 50
358360 functioning; or as a result of any mental or physical condition. 51 General Assembly Of North Carolina Session 2025
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360362 (11) Practicing genetic counseling outside the boundaries of demonstrated 1
361363 competence or the limitations of education, training, or supervised experience. 2
362364 (12) Departing from or failing to conform to the acceptable and prevailing 3
363365 standards of care and ethics of the practice of genetic counseling in the State 4
364366 as determined by the Board, irrespective of whether or not a patient is injured. 5
365367 (13) Failing to take all reasonable steps to ensure the competence of services. 6
366368 (14) Failing to maintain a clear and accurate case record documenting the 7
367369 following for each patient or client: 8
368370 a. Presenting problems, diagnosis, or purpose of the evaluation, 9
369371 treatment, or other services provided. 10
370372 b. Fees, dates of services, and itemized charges. 11
371373 c. Summary content of each session of evaluation, treatment, or other 12
372374 services, except summary content that may cause significant harm to 13
373375 any individual if the information were released. 14
374376 d. Copies of all reports prepared. 15
375377 (15) Failing to retain securely and confidentially the complete case record 16
376378 indefinitely if there are pending legal or ethical matters or if there is any other 17
377379 compelling circumstance, or failing to retain securely and confidentially the 18
378380 complete case record for at least seven years from the date of the last provision 19
379381 of services, except when under either circumstance, the genetic counselor was 20
380382 prevented from doing so by circumstances beyond the genetic counselor's 21
381383 control. 22
382384 (b) Upon proof that an applicant or licensee under this Article has engaged in any of the 23
383385 prohibited actions specified in subsection (a) of this section, the Board may, in lieu of denial, 24
384386 suspension, or revocation, do all of the following: 25
385387 (1) Issue a formal reprimand or formally censure the applicant or licensee. 26
386388 (2) Place the applicant or licensee on probation with appropriate conditions as the 27
387389 Board may deem advisable. 28
388390 (3) Require examination, remediation, or rehabilitation for the applicant or 29
389391 licensee, including care, counseling, or treatment by a professional or 30
390392 professionals designated or approved by the Board, the expense of which shall 31
391393 be paid by the applicant or licensee. 32
392394 (4) Require supervision for the services provided by the applicant or licensee by 33
393395 a licensee designated or approved by the Board, the expense of which shall be 34
394396 paid by the applicant or licensee. 35
395397 (5) Limit or circumscribe the practice of genetic counseling provided by the 36
396398 applicant or licensee with respect to the extent, nature, or location of the 37
397399 services provided, as the Board deems advisable. 38
398400 (6) Impose conditions of probation or restrictions upon continued practice at the 39
399401 conclusion of a period of suspension or as requirements for the restoration of 40
400402 a revoked or suspended license. 41
401403 (c) In lieu of or in connection with any disciplinary proceedings or investigation, the 42
402404 Board may enter into a consent order relative to the discipline, supervision, probation, 43
403405 remediation, rehabilitation, or practice limitation of a licensee or applicant for a license. 44
404406 (d) The Board may assess costs of disciplinary action against an applicant or licensee 45
405407 found to be in violation of this Article. 46
406408 (e) When considering whether an applicant or licensee is physically or mentally capable 47
407409 of practicing genetic counseling with reasonable skill and safety with patients or clients, the 48
408410 Board may petition a court of competent jurisdiction to order the applicant or licensee to submit 49
409411 to a psychological evaluation by a psychologist to determine psychological status or a physical 50
410412 evaluation by a physician to determine physical condition, or both, upon a showing of probable 51 General Assembly Of North Carolina Session 2025
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412414 cause to the Board that the applicant or licensee is not capable of practicing genetic counseling 1
413415 with reasonable skill and safety with patients or clients. The psychologist or physician that 2
414416 conducts an evaluation of the applicant or licensee shall be designated by the court of competent 3
415417 jurisdiction. The Board shall be responsible for the expenses of evaluations ordered under this 4
416418 subsection. If the applicant or licensee raises the issue of mental or physical competence or 5
417419 appeals a decision regarding mental or physical competence, the applicant or licensee shall be 6
418420 permitted to obtain an evaluation at the applicant's or licensee's expense. If the Board suspects 7
419421 the objectivity or adequacy of the evaluation, the Board may compel an evaluation by its 8
420422 designated practitioners at its own expense. 9
421423 (f) Except as provided otherwise in this Article, the procedure for revocation, suspension, 10
422424 denial, limitations of the license, or other disciplinary, remedial, or rehabilitative actions shall be 11
423425 in accordance with the provisions of Chapter 150B of the General Statutes. The Board is required 12
424426 to provide the opportunity for a hearing under Chapter 150B of the General Statutes to any 13
425427 applicant whose license is denied or to whom licensure is offered subject to any restrictions, 14
426428 probation, disciplinary action, remediation, or other conditions or limitations or to any licensee 15
427429 before revoking, suspending, or restricting a license or imposing any other disciplinary action or 16
428430 remediation. If the applicant or licensee waives the opportunity for a hearing, the Board's denial, 17
429431 revocation, suspension, or other proposed action becomes final without a hearing having been 18
430432 conducted. Notwithstanding the foregoing, no applicant or licensee is entitled to a hearing for 19
431433 failure to pass an examination. 20
432434 (g) An individual whose license has been denied or revoked may reapply to the Board for 21
433435 licensure after the passage of one calendar year from the date of the denial or revocation. 22
434436 (h) A licensee may voluntarily relinquish a license at any time with the consent of the 23
435437 Board. The Board may delay or refuse granting consent as necessary in order to investigate any 24
436438 pending complaint, allegation, or issue regarding violation of any provision of this Article by the 25
437439 licensee. Notwithstanding any provision to the contrary, the Board retains full jurisdiction to 26
438440 investigate alleged violations of this Article by any individual whose license is relinquished under 27
439441 this subsection and, upon proof of any violation of this Article by any individual, the Board may 28
440442 take disciplinary action as authorized by this section. 29
441443 (i) All records, papers, investigative files, investigative reports, other investigative 30
442444 information, and other documents containing information in the possession of or received or 31
443445 gathered by the Board, or its members or employees or consultants as a result of investigations, 32
444446 inquiries, assessments, or interviews conducted in connection with a licensing, complaint, 33
445447 assessment, potential impairment matter, disciplinary matter, or report of professional liability 34
446448 insurance awards or settlements pursuant to G.S. 90-14.13, shall not be considered public records 35
447449 within the meaning of Chapter 132 of the General Statutes and are privileged, confidential, and 36
448450 not subject to discovery, subpoena, or other means of legal compulsion for release to any person 37
449451 other than the Board, its employees, or consultants involved in the application for license, 38
450452 impairment assessment, or discipline of a license holder. For purposes of this subsection, 39
451453 investigative information includes information relating to the identity of, and a report made by, 40
452454 any person performing an expert review for the Board and transcripts of any deposition taken by 41
453455 Board counsel in preparation for or anticipation of a hearing held pursuant to this Article but not 42
454456 admitted into evidence at the hearing. 43
455457 "§ 90-762. Injunctions. 44
456458 The Genetic Counselors Licensure Board may appear in its own name in the superior courts 45
457459 in an action for injunctive relief to prevent violation of this Article and the superior court shall 46
458460 have power to grant such injunctions regardless of whether criminal prosecution has been or may 47
459461 be instituted as a result of such violations. Actions under this section shall be commenced in the 48
460462 superior court district or set of districts as defined in G.S. 7A-41.1 in which the respondent 49
461463 resides or has his principal place of business or in which the alleged acts occurred or, in the case 50 General Assembly Of North Carolina Session 2025
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463465 of an action against a nonresident, in the district where the Genetic Counselors Licensure Board 1
464466 resides. 2
465467 "§ 90-763. Administering oaths; subpoena witness records and other materials. 3
466468 Officers may administer oaths and subpoena witnesses, records, and other materials. The 4
467469 president and secretary of the Board may administer oaths to all persons appearing before it as 5
468470 the Board may deem necessary to perform its duties, and may summon and issue subpoenas for 6
469471 the appearance of any witnesses deemed necessary to testify concerning any matter to be heard 7
470472 before or inquired into by the Board. The Board may order that any patient records, documents, 8
471473 or other material concerning any matter to be heard before or inquired into by the Board shall be 9
472474 produced before the Board or made available for inspection, notwithstanding any other 10
473475 provisions of law providing for the application of any physician-patient privilege with respect to 11
474476 such records, documents, or other material. All records, documents, or other material compiled 12
475477 by the Board are subject to the provisions of G.S. 90-761(i). Notwithstanding the provisions of 13
476478 G.S. 90-761(i), in any proceeding before the Board, in any record of any hearing before the 14
477479 Board, and in the notice of charges against any licensee, the Board shall withhold from public 15
478480 disclosure the identity of a patient including information relating to dates and places of treatment, 16
479481 or any other information that would tend to identify the patient, unless the patient or the 17
480482 representative of the patient expressly consents to the disclosure. Upon written request, the Board 18
481483 shall revoke a subpoena if, upon a hearing, it finds that the evidence the production of which is 19
482484 required does not relate to a matter in issue, or if the subpoena does not describe with sufficient 20
483485 particularity the evidence the production of which is required, or if for any other reason in law 21
484486 the subpoena is invalid. 22
485487 "§ 90-764. Inactive licenses. 23
486488 The Board retains jurisdiction over an inactive license, regardless of how it became inactive, 24
487489 including a request for inactivation, surrender of a license, or by operation of an order entered by 25
488490 the Board. The Board's jurisdiction over the licensee extends for all matters, known and unknown 26
489491 to the Board, at the time of the inactivation or surrender of the license." 27
490492 SECTION 2. The Genetic Counselors Licensure Board, as established in Section 1 28
491493 of this act, shall adopt temporary rules to implement this act. The temporary rules shall remain 29
492494 in effect until permanent rules that replace the temporary rules become effective. 30
493495 SECTION 3. The initial appointments required by G.S. 90-751, as enacted by 31
494496 Section 1 of this act, shall be made on or before October 1, 2025, and the initial terms of the 32
495497 appointees shall begin on January 1, 2026. Notwithstanding the requirements of G.S. 90-751, the 33
496498 initial appointments required by this Article shall not require those appointed to be licensed but 34
497499 shall seek licensure through the application process as soon as practicable. 35
498500 SECTION 4. Part 2 of Article 13A of Chapter 143B of the General Statutes is 36
499501 amended by adding a new section to read: 37
500502 "§ 143B-1209.23A. Criminal record check for the Genetic Counselors Licensing Board. 38
501503 (a) The State Bureau of Investigation may provide to the Genetic Counselors Licensing 39
502504 Board a criminal history from the State and National Repositories of Criminal Histories for any 40
503505 applicant seeking a license. The Genetic Counselors Licensing Board shall provide to the State 41
504506 Bureau of Investigation, along with the request, the fingerprints of the applicant, a form signed 42
505507 by the applicant consenting to the criminal record check and use of fingerprints and other 43
506508 identifying information required by the State and National Repositories, and any additional 44
507509 information required by the State Bureau of Investigation. The State Bureau of Investigation shall 45
508510 forward a set of fingerprints to the Federal Bureau of Investigation for a national criminal history 46
509511 record check. 47
510512 (b) The criminal history report shall be provided to the Genetic Counselors Licensing 48
511513 Board who shall keep all information obtained pursuant to this section confidential to the Genetic 49
512514 Counselors Licensing Board. A criminal history report obtained as provided in this section is not 50
513515 a public record under Chapter 132 of the General Statutes." 51 General Assembly Of North Carolina Session 2025
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515517 SECTION 5. Sections 1 and 4 of this act become effective October 1, 2026. The 1
516518 remainder of this act is effective when it becomes law. 2