Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
SENATE BILL NO. 2040
(Human Services Committee)
(At the request of the North Dakota Board of Medicine)
AN ACT to amend and reenact subsection 2 of section 43-60-02 and subsection 1 of section 43-60-03
of the North Dakota Century Code, relating to the ordering of genetic testing by genetic
counselors and examinations required for genetic counseling licensure.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsection 2 of section 43-60-02 of the North Dakota Century Code is
amended and reenacted as follows:
2.Genetic testing may be providedordered by a licensed genetic counselor only when ordered
byor in coordination with a North Dakota licensed health care provider acting within the
provider's scope of practice and privileged to do so. The referring or primary provider shall
maintain supervision of patient care and the licensed genetic counselor shall provide reports
to the referring or primary health care provider ordering such testingNothing in this chapter
authorizes a genetic counselor to practice medicine, including treatment or medical
management of a patient. If, in the course of providing genetic counseling to a client, a genetic
counselor finds any indication of a disease or condition that requires medical assessment or
treatment, the genetic counselor shall refer the client to a provider licensed to practice
medicine.
SECTION 2. AMENDMENT. Subsection 1 of section 43-60-03 of the North Dakota Century Code is
amended and reenacted as follows:
1.An applicant for licensure under this chapter shall pay any filing fee and file an application, on
forms provided by the board, to the satisfaction of the board that the applicant is of good moral
character and satisfies all of the requirements of this chapter, including:
a.Education at one of the following levels:
(1)Master of science degree from a genetic counseling training program that is
accredited by the ABGC or an ABGC -approved equivalent organization and
approved by the board; or
(2)Doctoral degree from a medical genetics training program that is accredited by the
ABMG and approved by the board; and
b.Successful completion of all requirements of the certification examination within a period
not to exceed fourfive years from initial examination to successful completion and with no
more than three attempts unless an exception is approved by rule adopted by the board;
c.Physical, mental, and professional capability for the practice of genetic counseling in a
manner acceptable to the board; and
d.A history free of any finding by the board, by any other state licensing board, or by any
court of competent jurisdiction which would constitute grounds for disciplinary action
under this chapter. The board may modify this restriction for cause. S. B. NO. 2040 - PAGE 2
____________________________ ____________________________
President of the Senate Speaker of the House
____________________________ ____________________________
Secretary of the Senate Chief Clerk of the House
This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
Dakota and is known on the records of that body as Senate Bill No. 2040.
Senate Vote:Yeas 47 Nays 0 Absent 0
House Vote: Yeas 91 Nays 2 Absent 1
____________________________
Secretary of the Senate
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State