STATE OF NEW YORK ________________________________________________________________________ 3029 2025-2026 Regular Sessions IN SENATE January 23, 2025 ___________ Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, in relation to licensing of genetic counselors The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent and findings. The legislature finds that 2 while significant steps have been taken through legislation in response 3 to the COVID-19 crisis in New York State, much more must be done to 4 combat the continued threat to public health and safety presented by 5 COVID-19 and future pandemics including identifying risk factors, devel- 6 oping responses, and increasing access to treatment. 7 The legislature intends to build on the initial efforts of the execu- 8 tive and legislature in responding to the COVID-19 crisis by recognizing 9 the significant role genetic counselors play in identifying genetic 10 variants through predictive testing, investigating underlying genomic 11 susceptibilities and deciphering complex testing infrastructures, culmi- 12 nating in the critical counseling of patients and educating other health 13 care providers. 14 The legislature finds that the state's mission to ensure preparedness 15 against future health crises through data collection, research, and 16 access to safe care will be advanced through the licensure of genetic 17 counselors and the active engagement of these uniquely trained practi- 18 tioners and researchers in the making of informed personal health care 19 decisions and the development of effective health care policies. 20 § 2. The education law is amended by adding a new article 142 to read 21 as follows: 22 ARTICLE 142 23 GENETIC COUNSELING 24 Section 7050. Introduction. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00942-01-5
S. 3029 2 1 7051. Practice of genetic counseling and use of the title 2 "genetic counselor". 3 7052. State board for genetic counseling. 4 7053. Requirements for a professional license. 5 7054. Exempt persons. 6 7055. Limited permits. 7 7056. Special provisions. 8 § 7050. Introduction. This article applies to the licensing of genetic 9 counselors. The general provisions for all professions contained in 10 article one hundred thirty of this title apply to this article. 11 § 7051. Practice of genetic counseling and use of the title "genetic 12 counselor". 1. The "practice of genetic counseling" shall mean the 13 communication to and education of human clients, their families, other 14 health care professionals and the general public with regard to genetic 15 testing, individual family histories, or other genetic, personal medical 16 history, and technical information associated with the occurrence, risk 17 of occurrence or recurrence, of a genetic or hereditary condition or 18 birth defect. A practitioner of genetic counseling shall seek to 19 promote decision-making for their client which respects the client's 20 culture, language, tradition, lifestyle, religion, beliefs and values. 21 Genetic counseling shall include, but not be limited to, the following: 22 (a) obtain and evaluate personal and family medical history to deter- 23 mine genetic risk for genetic conditions and diseases in a human client, 24 such client's offspring, and other family members; 25 (b) educate clients regarding the means to assess and manage risk for 26 genetic conditions and disease; 27 (c) identify and order genetic laboratory tests and coordinate other 28 diagnostic studies as appropriate for the genetic assessment; 29 (d) integrate genetic laboratory test results and other diagnostic 30 studies with personal and family medical history to assess and communi- 31 cate risk factors for genetic conditions; 32 (e) explain to a client the clinical implications of genetic laborato- 33 ry tests and other diagnostic studies and their results; and 34 (f) maintain written documentation of the genetic counseling services 35 performed for clients and health care professionals. 36 2. Nothing in this article shall be construed to authorize a licensed 37 genetic counselor to diagnose or treat any genetic disease or medical 38 condition, practice psychotherapy, or practice any other profession that 39 is licensed under this title. This includes, but may not be limited to, 40 the following: 41 (a) Prescribe or administer drugs as defined in this chapter or as a 42 treatment, therapy, or professional services in the practice of such 43 genetic counselor's profession; 44 (b) Use invasive procedures as a treatment, therapy, or professional 45 service in the practice of such genetic counselor's profession. For the 46 purposes of this subdivision, "invasive procedure" means any procedure 47 in which human tissue is cut, altered, or otherwise infiltrated by 48 mechanical or other means. Invasive procedures shall include surgery, 49 lasers, ionizing radiation, therapeutic ultrasound, or electroconvulsive 50 therapy; or 51 (c) Provide psychotherapy as defined in subdivision two of section 52 eighty-four hundred one of this title. 53 3. If in the course of providing genetic counseling to any client, a 54 genetic counselor finds any indication of disease or condition that may 55 require medical assessment, the genetic counselor shall refer that
S. 3029 3 1 client to a licensed physician, or as appropriate, another health care 2 professional licensed pursuant to this title. 3 4. Only a person licensed or exempt under this article shall practice 4 genetic counseling. Only a person licensed under this article shall use 5 the title "licensed genetic counselor" and use the letters "L.G.C." 6 after such person's name or any words or letters, abbreviations or 7 insignia indicating or implying that a person is licensed pursuant to 8 this article. 9 5. The provisions of this article shall not prohibit any licensed 10 genetic counselor employed by any organization or entity who is provid- 11 ing occasional services from engaging in the practice of genetic coun- 12 seling, subject to the limitations prescribed by the department, in 13 consultation with the state board for genetic counseling and the 14 provision of such occasional services shall be deemed not to be the 15 practice of a profession for purposes of all applicable partnership, 16 corporation or limited liability company laws and regulations. 17 § 7052. State board for genetic counseling. 1. A state board for 18 genetic counseling shall be appointed by the board of regents upon the 19 recommendation of the commissioner, prior to the effective date of this 20 article, and shall assist on matters of professional licensing and 21 professional conduct in accordance with section sixty-five hundred eight 22 of this title. Members of the first board need not be licensed prior to 23 their appointment to such board. An executive secretary to the board 24 shall be appointed by the board of regents on recommendation of the 25 commissioner. 26 2. The board shall consist of seven individuals, to be composed of the 27 following: 28 (a) five licensed genetic counselors, 29 (b) one licensed physician, and 30 (c) a public representative as defined in paragraph b of subdivision 31 one of section sixty-five hundred eight of this title. 32 3. Board members shall be appointed for terms of five years. The terms 33 of the first appointed members shall be staggered so that two members 34 are appointed for three years, three members are appointed for four 35 years and two members are appointed for five years. 36 § 7053. Requirements for a professional license. To qualify for a 37 license as a "licensed genetic counselor", an applicant shall fulfill 38 the following requirements: 39 1. Application: file an application with the department; 40 2. Education: have received a master's degree or higher in genetic 41 counseling or human genetics from a program registered by the depart- 42 ment, or determined by the department to be the substantial equivalent, 43 in accordance with the commissioner's regulations. Appropriate course- 44 work shall be determined in accordance with the commissioner's regu- 45 lations on recommendations of the state board for genetic counseling; 46 3. Experience: experience acceptable to the department; 47 4. Examination: pass an examination satisfactory to the department and 48 in accordance with the commissioner's regulations; 49 5. Age: be at least twenty-one years of age; 50 6. Character: be of good moral character as determined by the depart- 51 ment; 52 7. Fees: pay a fee of three hundred dollars to the department for an 53 initial license and two hundred dollars for each subsequent triennial 54 re-registration of a license.
S. 3029 4 1 § 7054. Exempt persons. 1. So long as the person does not hold them- 2 self out to the public as a genetic counselor, the provisions of this 3 article shall not apply to: 4 a. A licensed health care professional licensed under this title who 5 is practicing within the scope of practice as defined in this title; 6 b. A student or intern enrolled in a master's or higher program regis- 7 tered or approved by the department where the student or intern is 8 engaged in activities constituting the practice of a profession as 9 defined in this title, whose scope of practice includes genetic coun- 10 seling; provided, however, such activities shall be part of a supervised 11 training program under a licensed genetic counselor or an appropriate 12 health care professional licensed pursuant to this title in accordance 13 with the commissioner's regulations; and 14 c. An employee of the state department of health in the provision of 15 education regarding conditions included on the newborn screening panels. 16 2. Nothing in this article shall be construed as prohibiting coun- 17 seling services provided by an attorney within such attorney's usual 18 practice, rape crisis counselor within such rape crisis counselor's 19 usual counseling duties, or pastoral counseling by a clergy member work- 20 ing within such clergy member's ministerial charge of obligation. 21 § 7055. Limited permits. Limited permits may be issued by the depart- 22 ment to authorize the practice of the profession under a licensed genet- 23 ic counselor or physician pursuant to the commissioner's regulations: 24 1. The department may issue a limited permit to an applicant who meets 25 all qualifications for licensure as a genetic counselor, except those 26 relating to the examination and experience, in accordance with the 27 commissioner's regulations. 28 2. Limited permits shall be for one year. Such permits may be extended 29 at the discretion of the department, for one additional year. 30 3. The fee for each limited permit and for each renewal shall be 31 seventy dollars. 32 § 7056. Special provisions. 1. Any individual who meets the require- 33 ments for a license established in this article, except for examination, 34 experience and education, and who is certified by a national certifying 35 body having certification standards acceptable to the department, may be 36 licensed without meeting additional requirements as to examination, 37 experience, or education, provided that such individual submits an 38 application to the department within two years of the effective date of 39 this article. 40 2. Any individual who meets the requirements for a license established 41 in this article, except for examination, may be licensed without exam- 42 ination, provided that the person completed the education requirement 43 prior to two thousand eight, submits evidence of a minimum of ten years 44 employment as a genetic counselor, submits experience acceptable to the 45 department and submits an application to the department within two years 46 of the effective date of this article. 47 § 3. Severability. If any clause, sentence, paragraph, section or part 48 of this act shall be adjudged by any court of competent jurisdiction to 49 be invalid and after exhaustion of all further judicial review, the 50 judgment shall not affect, impair or invalidate the remainder thereof, 51 but shall be confined in its operation to the clause, sentence, para- 52 graph, section or part of this act directly involved in the controversy 53 in which the judgment shall have been rendered. 54 § 4. This act shall take effect two years after it shall have become a 55 law. Effective immediately, the state education department is authorized 56 to promulgate any rule or regulation necessary for the implementation of
S. 3029 5 1 this act on its effective date, including, but not limited to, the 2 appointment of board members pursuant to section 7052 of the education 3 law, as added by section two of this act on or before such effective 4 date.