86R6722 BEE-F
By: Klick, Thompson of Harris H.B. No. 2815
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of genetic counselors
requiring an occupational license; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.2031(a), Occupations Code, is amended
to read as follows:
(a) This section applies only to the regulation of the
following professions by the department:
(1) athletic trainers;
(2) behavior analysts;
(3) dietitians;
(4) genetic counselors;
(5) hearing instrument fitters and dispensers;
(6) [(5)] midwives;
(7) [(6)] orthotists and prosthetists; and
(8) [(7)] speech-language pathologists and
audiologists.
SECTION 2. Subtitle I, Title 3, Occupations Code, is
amended by adding Chapter 508 to read as follows:
CHAPTER 508. LICENSED GENETIC COUNSELORS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 508.001. SHORT TITLE. This chapter may be cited as the
Licensed Genetic Counselor Act.
Sec. 508.002. DEFINITIONS. In this chapter:
(1) "Advisory board" means the Licensed Genetic
Counselor Advisory Board.
(2) "Commission" means the Texas Commission of
Licensing and Regulation.
(3) "Department" means the Texas Department of
Licensing and Regulation.
(4) "Executive director" means the executive director
of the department.
(5) "Licensed genetic counselor" means a person
licensed under this chapter to engage in the practice of genetic
counseling.
Sec. 508.003. PRACTICE OF GENETIC COUNSELING. (a) In this
chapter, "practice of genetic counseling" means providing
professional services for compensation to communicate genetic
information to an individual, family, group, or other entity:
(1) on the documented referral by:
(A) a physician licensed in this state;
(B) a physician assistant licensed in this state;
(C) an advanced practice registered nurse
licensed in this state; or
(D) a person acting under authority delegated
under Subchapter A, Chapter 157; or
(2) by a patient's self-referral.
(b) The practice of genetic counseling includes:
(1) obtaining and evaluating individual, family, and
medical histories to determine the risk for a genetic or medical
condition or disease in a patient, the patient's offspring, or
other family members of the patient;
(2) discussing the features, natural history, means of
diagnosis, genetic and environmental factors, and management of
risk for a genetic or medical condition or disease;
(3) identifying, coordinating, ordering, and
explaining the results of genetic laboratory tests and other
diagnostic studies as appropriate for genetic assessment;
(4) integrating the results of laboratory tests and
other diagnostic studies with medical histories to assess and
communicate risk factors for a genetic or medical condition or
disease;
(5) evaluating a patient's or family member's response
to a genetic or medical condition or disease, including the risk of
recurrence, and providing patient-centered counseling and
anticipatory guidance;
(6) identifying and using community resources that
provide medical, educational, financial, and psychosocial support
and advocacy; and
(7) providing written documentation of medical,
genetic, and counseling information for a patient's family members
and health care providers.
Sec. 508.004. PRACTICE OF MEDICINE NOT AUTHORIZED. This
chapter does not authorize the practice of medicine as defined by
the law of this state.
Sec. 508.005. APPLICABILITY; EXEMPTIONS. (a) This chapter
does not apply to a physician licensed to practice medicine in this
state unless the physician is a licensed genetic counselor.
(b) A person may engage in the practice of genetic
counseling without holding a license under this chapter if the
person:
(1) is licensed, certified, or registered to practice
in this state in a health care-related occupation and:
(A) acts within the occupation's scope of
practice; and
(B) does not use the title "genetic counselor" or
represent or imply the person is licensed as a genetic counselor
under this chapter;
(2) is a student or intern:
(A) pursuing a course of study or engaged in a
training program for an occupation regulated by this state and
acting within the occupation's scope of practice; or
(B) enrolled in a commission-approved,
graduate-level supervised genetic counseling training program and
engaged in an activity constituting the practice of genetic
counseling as a required part of the training program; or
(3) is a genetic counselor who:
(A) is certified by the American Board of Medical
Genetics and Genomics, the American Board of Genetic Counseling, or
another certification body approved by the commission;
(B) is not a resident of this state;
(C) performs an activity or provides a service in
this state for not more than 30 days during any year; and
(D) meets any other requirement established by
commission rule.
(c) A student or intern described by Subsection (b)(2)
includes a person who:
(1) is trained as:
(A) a genetic counselor and has applied to take
the certification examination; or
(B) a doctoral medical geneticist and has applied
to take the certification examination; and
(2) has not failed the certification examination more
than twice.
SUBCHAPTER B. LICENSED GENETIC COUNSELOR ADVISORY BOARD
Sec. 508.051. LICENSED GENETIC COUNSELOR ADVISORY BOARD.
The advisory board consists of seven licensed genetic counselors
appointed by the presiding officer of the commission with the
approval of the commission, each of whom:
(1) has engaged for at least two years in the practice
of genetic counseling as a genetic counselor and is:
(A) licensed under this chapter; or
(B) certified by the American Board of Medical
Genetics and Genomics, the American Board of Genetic Counseling, or
another certification body approved by the commission;
(2) is a United States citizen; and
(3) has been a resident of this state for at least six
months preceding the date of appointment.
Sec. 508.052. DUTIES OF ADVISORY BOARD. The advisory board
shall provide advice and recommendations to the department on
technical matters relevant to the administration of this chapter.
Sec. 508.053. TERMS; VACANCY. (a) Advisory board members
serve two-year terms. The terms expire on February 1 of each
odd-numbered year.
(b) If a vacancy occurs during an advisory board member's
term, the presiding officer of the commission with the approval of
the commission shall appoint a new member to fill the unexpired
term.
(c) An advisory board member may not serve more than two
consecutive full terms.
Sec. 508.054. PRESIDING OFFICER. The presiding officer of
the commission biennially shall designate an advisory board member
as the presiding officer of the advisory board to serve in that
capacity at the will of the presiding officer of the commission.
Sec. 508.055. MEETINGS. The advisory board shall meet as
requested by the presiding officer of the commission or the
executive director.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 508.101. GENERAL POWERS AND DUTIES. (a) The
executive director shall administer and enforce this chapter.
(b) The department shall:
(1) establish qualifications for licensed genetic
counselors in this state;
(2) establish the examination requirements for
issuance of a licensed genetic counselor license;
(3) establish minimum education and training
requirements necessary for issuance of a licensed genetic counselor
license;
(4) prescribe the application form for issuance of a
licensed genetic counselor license; and
(5) develop an approved program of mandatory
continuing education for licensed genetic counselors and the manner
in which attendance at all approved courses, clinics, forums,
lectures, programs, or seminars is monitored and recorded.
Sec. 508.102. CONFIDENTIALITY OF COMPLAINT AND
DISCIPLINARY INFORMATION. (a) Except as provided by Subsection
(b), all information and materials subpoenaed or compiled by the
department in connection with a complaint and investigation are
confidential and not subject to disclosure under Chapter 552,
Government Code, and not subject to disclosure, discovery,
subpoena, or other means of legal compulsion for their release to
anyone other than the department or its employees or agents
involved in discipline of a license holder.
(b) Information described by Subsection (a) may be
disclosed to:
(1) persons involved with the department in a
disciplinary action against a license holder;
(2) professional genetic counselor licensing or
disciplinary boards in other jurisdictions;
(3) peer assistance programs approved by the
commission under Chapter 467, Health and Safety Code;
(4) law enforcement agencies; and
(5) persons engaged in bona fide research, if all
individual-identifying information has been deleted.
(c) The filing of formal charges by the department against a
license holder, the nature of those charges, disciplinary
proceedings of the department, commission, or executive director,
and final disciplinary actions, including warnings and reprimands,
by the department, commission, or executive director are not
confidential and are subject to disclosure in accordance with
Chapter 552, Government Code.
SUBCHAPTER D. LICENSING REQUIREMENTS
Sec. 508.151. LICENSE REQUIRED. (a) Except as provided by
Section 508.005, a person may not act as a genetic counselor or
engage in the practice of genetic counseling in this state unless
the person holds a license under this chapter.
(b) Except as provided by Section 508.005, unless a person
holds a license under this chapter, the person may not:
(1) use the title or represent or imply that the person
has the title "genetic counselor," "certified genetic counselor,"
"licensed genetic counselor," "gene counselor," "genetic
consultant," or "genetic associate"; or
(2) use any other word, abbreviation, or insignia
indicating or implying that the person is a licensed genetic
counselor.
(c) This chapter may not be construed to prohibit a
physician or an employee or other person acting under a physician's
delegated authority from representing to a patient or the public
that the physician, employee, or person provides genetic
counseling.
Sec. 508.152. LICENSE APPLICATION. An applicant for a
license must:
(1) file a written application in the manner and on a
form prescribed by the executive director; and
(2) pay the application fee set by the commission.
Sec. 508.153. LICENSE ELIGIBILITY. To be eligible for a
license, a license applicant must:
(1) successfully complete the examination required by
Section 508.154;
(2) have successfully completed:
(A) a master's degree in a genetic counseling
training program that is approved by the commission and that is at
least as stringent as a genetic counseling training program
accredited by the Accreditation Council for Genetic Counseling or a
successor organization; or
(B) a master's degree in a medical genetics
training program that is approved by the commission and that is at
least as stringent as a medical genetics training program
accredited by the American Board of Medical Genetics and Genomics
or a successor organization; and
(3) meet any other requirement prescribed by the
commission.
Sec. 508.154. EXAMINATION. (a) An applicant for a license
under this chapter must successfully complete an examination
approved by the commission that demonstrates the applicant's
knowledge of genetic counseling.
(b) The commission shall adopt rules to govern the
development and administration of an examination for issuance of a
genetic counselor license. Any written portion of the examination
must be validated by an independent testing professional.
Sec. 508.155. ISSUANCE OF LICENSE. The department shall
issue a genetic counselor license to a person who meets the
requirements of this chapter and the rules adopted under this
chapter.
Sec. 508.156. TERM; RENEWAL. A genetic counselor license
expires on the second anniversary of the date of issuance. The
commission by rule shall provide for the renewal of the license.
SUBCHAPTER E. DISCIPLINARY PROCEDURES
Sec. 508.201. GROUNDS FOR DISCIPLINARY ACTION. The
commission or executive director shall revoke or suspend a license,
refuse to renew a license, place on probation a person whose license
has been suspended, or reprimand a license holder for a violation of
this chapter, a rule adopted under this chapter, or an order of the
commission or executive director.
SECTION 3. (a) Not later than October 1, 2019, the
presiding officer of the Texas Commission of Licensing and
Regulation shall appoint the members of the Licensed Genetic
Counselor Advisory Board created under Chapter 508, Occupations
Code, as added by this Act.
(b) The Texas Commission of Licensing and Regulation shall
adopt rules under Chapter 508, Occupations Code, as added by this
Act, not later than June 30, 2020.
SECTION 4. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2019.
(b) Section 508.151, Occupations Code, as added by this Act,
and Subchapter E, Chapter 508, Occupations Code, as added by this
Act, take effect July 1, 2020.