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Texas House Bill HB2815

Texas 2019 - 86th Regular

Texas House Bill HB2815 Compare Versions

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11 86R6722 BEE-F
2- By: Klick, Thompson of Harris H.B. No. 2815
2+ By: Klick H.B. No. 2815
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the licensing and regulation of genetic counselors
88 requiring an occupational license; authorizing a fee.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 51.2031(a), Occupations Code, is amended
1111 to read as follows:
1212 (a) This section applies only to the regulation of the
1313 following professions by the department:
1414 (1) athletic trainers;
1515 (2) behavior analysts;
1616 (3) dietitians;
1717 (4) genetic counselors;
1818 (5) hearing instrument fitters and dispensers;
1919 (6) [(5)] midwives;
2020 (7) [(6)] orthotists and prosthetists; and
2121 (8) [(7)] speech-language pathologists and
2222 audiologists.
2323 SECTION 2. Subtitle I, Title 3, Occupations Code, is
2424 amended by adding Chapter 508 to read as follows:
2525 CHAPTER 508. LICENSED GENETIC COUNSELORS
2626 SUBCHAPTER A. GENERAL PROVISIONS
2727 Sec. 508.001. SHORT TITLE. This chapter may be cited as the
2828 Licensed Genetic Counselor Act.
2929 Sec. 508.002. DEFINITIONS. In this chapter:
3030 (1) "Advisory board" means the Licensed Genetic
3131 Counselor Advisory Board.
3232 (2) "Commission" means the Texas Commission of
3333 Licensing and Regulation.
3434 (3) "Department" means the Texas Department of
3535 Licensing and Regulation.
3636 (4) "Executive director" means the executive director
3737 of the department.
3838 (5) "Licensed genetic counselor" means a person
3939 licensed under this chapter to engage in the practice of genetic
4040 counseling.
4141 Sec. 508.003. PRACTICE OF GENETIC COUNSELING. (a) In this
4242 chapter, "practice of genetic counseling" means providing
4343 professional services for compensation to communicate genetic
4444 information to an individual, family, group, or other entity:
4545 (1) on the documented referral by:
4646 (A) a physician licensed in this state;
4747 (B) a physician assistant licensed in this state;
4848 (C) an advanced practice registered nurse
4949 licensed in this state; or
5050 (D) a person acting under authority delegated
5151 under Subchapter A, Chapter 157; or
5252 (2) by a patient's self-referral.
5353 (b) The practice of genetic counseling includes:
5454 (1) obtaining and evaluating individual, family, and
5555 medical histories to determine the risk for a genetic or medical
5656 condition or disease in a patient, the patient's offspring, or
5757 other family members of the patient;
5858 (2) discussing the features, natural history, means of
5959 diagnosis, genetic and environmental factors, and management of
6060 risk for a genetic or medical condition or disease;
6161 (3) identifying, coordinating, ordering, and
6262 explaining the results of genetic laboratory tests and other
6363 diagnostic studies as appropriate for genetic assessment;
6464 (4) integrating the results of laboratory tests and
6565 other diagnostic studies with medical histories to assess and
6666 communicate risk factors for a genetic or medical condition or
6767 disease;
6868 (5) evaluating a patient's or family member's response
6969 to a genetic or medical condition or disease, including the risk of
7070 recurrence, and providing patient-centered counseling and
7171 anticipatory guidance;
7272 (6) identifying and using community resources that
7373 provide medical, educational, financial, and psychosocial support
7474 and advocacy; and
7575 (7) providing written documentation of medical,
7676 genetic, and counseling information for a patient's family members
7777 and health care providers.
7878 Sec. 508.004. PRACTICE OF MEDICINE NOT AUTHORIZED. This
7979 chapter does not authorize the practice of medicine as defined by
8080 the law of this state.
8181 Sec. 508.005. APPLICABILITY; EXEMPTIONS. (a) This chapter
8282 does not apply to a physician licensed to practice medicine in this
8383 state unless the physician is a licensed genetic counselor.
8484 (b) A person may engage in the practice of genetic
8585 counseling without holding a license under this chapter if the
8686 person:
8787 (1) is licensed, certified, or registered to practice
8888 in this state in a health care-related occupation and:
8989 (A) acts within the occupation's scope of
9090 practice; and
9191 (B) does not use the title "genetic counselor" or
9292 represent or imply the person is licensed as a genetic counselor
9393 under this chapter;
9494 (2) is a student or intern:
9595 (A) pursuing a course of study or engaged in a
9696 training program for an occupation regulated by this state and
9797 acting within the occupation's scope of practice; or
9898 (B) enrolled in a commission-approved,
9999 graduate-level supervised genetic counseling training program and
100100 engaged in an activity constituting the practice of genetic
101101 counseling as a required part of the training program; or
102102 (3) is a genetic counselor who:
103103 (A) is certified by the American Board of Medical
104104 Genetics and Genomics, the American Board of Genetic Counseling, or
105105 another certification body approved by the commission;
106106 (B) is not a resident of this state;
107107 (C) performs an activity or provides a service in
108108 this state for not more than 30 days during any year; and
109109 (D) meets any other requirement established by
110110 commission rule.
111111 (c) A student or intern described by Subsection (b)(2)
112112 includes a person who:
113113 (1) is trained as:
114114 (A) a genetic counselor and has applied to take
115115 the certification examination; or
116116 (B) a doctoral medical geneticist and has applied
117117 to take the certification examination; and
118118 (2) has not failed the certification examination more
119119 than twice.
120120 SUBCHAPTER B. LICENSED GENETIC COUNSELOR ADVISORY BOARD
121121 Sec. 508.051. LICENSED GENETIC COUNSELOR ADVISORY BOARD.
122122 The advisory board consists of seven licensed genetic counselors
123123 appointed by the presiding officer of the commission with the
124124 approval of the commission, each of whom:
125125 (1) has engaged for at least two years in the practice
126126 of genetic counseling as a genetic counselor and is:
127127 (A) licensed under this chapter; or
128128 (B) certified by the American Board of Medical
129129 Genetics and Genomics, the American Board of Genetic Counseling, or
130130 another certification body approved by the commission;
131131 (2) is a United States citizen; and
132132 (3) has been a resident of this state for at least six
133133 months preceding the date of appointment.
134134 Sec. 508.052. DUTIES OF ADVISORY BOARD. The advisory board
135135 shall provide advice and recommendations to the department on
136136 technical matters relevant to the administration of this chapter.
137137 Sec. 508.053. TERMS; VACANCY. (a) Advisory board members
138138 serve two-year terms. The terms expire on February 1 of each
139139 odd-numbered year.
140140 (b) If a vacancy occurs during an advisory board member's
141141 term, the presiding officer of the commission with the approval of
142142 the commission shall appoint a new member to fill the unexpired
143143 term.
144144 (c) An advisory board member may not serve more than two
145145 consecutive full terms.
146146 Sec. 508.054. PRESIDING OFFICER. The presiding officer of
147147 the commission biennially shall designate an advisory board member
148148 as the presiding officer of the advisory board to serve in that
149149 capacity at the will of the presiding officer of the commission.
150150 Sec. 508.055. MEETINGS. The advisory board shall meet as
151151 requested by the presiding officer of the commission or the
152152 executive director.
153153 SUBCHAPTER C. POWERS AND DUTIES
154154 Sec. 508.101. GENERAL POWERS AND DUTIES. (a) The
155155 executive director shall administer and enforce this chapter.
156156 (b) The department shall:
157157 (1) establish qualifications for licensed genetic
158158 counselors in this state;
159159 (2) establish the examination requirements for
160160 issuance of a licensed genetic counselor license;
161161 (3) establish minimum education and training
162162 requirements necessary for issuance of a licensed genetic counselor
163163 license;
164164 (4) prescribe the application form for issuance of a
165165 licensed genetic counselor license; and
166166 (5) develop an approved program of mandatory
167167 continuing education for licensed genetic counselors and the manner
168168 in which attendance at all approved courses, clinics, forums,
169169 lectures, programs, or seminars is monitored and recorded.
170170 Sec. 508.102. CONFIDENTIALITY OF COMPLAINT AND
171171 DISCIPLINARY INFORMATION. (a) Except as provided by Subsection
172172 (b), all information and materials subpoenaed or compiled by the
173173 department in connection with a complaint and investigation are
174174 confidential and not subject to disclosure under Chapter 552,
175175 Government Code, and not subject to disclosure, discovery,
176176 subpoena, or other means of legal compulsion for their release to
177177 anyone other than the department or its employees or agents
178178 involved in discipline of a license holder.
179179 (b) Information described by Subsection (a) may be
180180 disclosed to:
181181 (1) persons involved with the department in a
182182 disciplinary action against a license holder;
183183 (2) professional genetic counselor licensing or
184184 disciplinary boards in other jurisdictions;
185185 (3) peer assistance programs approved by the
186186 commission under Chapter 467, Health and Safety Code;
187187 (4) law enforcement agencies; and
188188 (5) persons engaged in bona fide research, if all
189189 individual-identifying information has been deleted.
190190 (c) The filing of formal charges by the department against a
191191 license holder, the nature of those charges, disciplinary
192192 proceedings of the department, commission, or executive director,
193193 and final disciplinary actions, including warnings and reprimands,
194194 by the department, commission, or executive director are not
195195 confidential and are subject to disclosure in accordance with
196196 Chapter 552, Government Code.
197197 SUBCHAPTER D. LICENSING REQUIREMENTS
198198 Sec. 508.151. LICENSE REQUIRED. (a) Except as provided by
199199 Section 508.005, a person may not act as a genetic counselor or
200200 engage in the practice of genetic counseling in this state unless
201201 the person holds a license under this chapter.
202202 (b) Except as provided by Section 508.005, unless a person
203203 holds a license under this chapter, the person may not:
204204 (1) use the title or represent or imply that the person
205205 has the title "genetic counselor," "certified genetic counselor,"
206206 "licensed genetic counselor," "gene counselor," "genetic
207207 consultant," or "genetic associate"; or
208208 (2) use any other word, abbreviation, or insignia
209209 indicating or implying that the person is a licensed genetic
210210 counselor.
211211 (c) This chapter may not be construed to prohibit a
212212 physician or an employee or other person acting under a physician's
213213 delegated authority from representing to a patient or the public
214214 that the physician, employee, or person provides genetic
215215 counseling.
216216 Sec. 508.152. LICENSE APPLICATION. An applicant for a
217217 license must:
218218 (1) file a written application in the manner and on a
219219 form prescribed by the executive director; and
220220 (2) pay the application fee set by the commission.
221221 Sec. 508.153. LICENSE ELIGIBILITY. To be eligible for a
222222 license, a license applicant must:
223223 (1) successfully complete the examination required by
224224 Section 508.154;
225225 (2) have successfully completed:
226226 (A) a master's degree in a genetic counseling
227227 training program that is approved by the commission and that is at
228228 least as stringent as a genetic counseling training program
229229 accredited by the Accreditation Council for Genetic Counseling or a
230230 successor organization; or
231231 (B) a master's degree in a medical genetics
232232 training program that is approved by the commission and that is at
233233 least as stringent as a medical genetics training program
234234 accredited by the American Board of Medical Genetics and Genomics
235235 or a successor organization; and
236236 (3) meet any other requirement prescribed by the
237237 commission.
238238 Sec. 508.154. EXAMINATION. (a) An applicant for a license
239239 under this chapter must successfully complete an examination
240240 approved by the commission that demonstrates the applicant's
241241 knowledge of genetic counseling.
242242 (b) The commission shall adopt rules to govern the
243243 development and administration of an examination for issuance of a
244244 genetic counselor license. Any written portion of the examination
245245 must be validated by an independent testing professional.
246246 Sec. 508.155. ISSUANCE OF LICENSE. The department shall
247247 issue a genetic counselor license to a person who meets the
248248 requirements of this chapter and the rules adopted under this
249249 chapter.
250250 Sec. 508.156. TERM; RENEWAL. A genetic counselor license
251251 expires on the second anniversary of the date of issuance. The
252252 commission by rule shall provide for the renewal of the license.
253253 SUBCHAPTER E. DISCIPLINARY PROCEDURES
254254 Sec. 508.201. GROUNDS FOR DISCIPLINARY ACTION. The
255255 commission or executive director shall revoke or suspend a license,
256256 refuse to renew a license, place on probation a person whose license
257257 has been suspended, or reprimand a license holder for a violation of
258258 this chapter, a rule adopted under this chapter, or an order of the
259259 commission or executive director.
260260 SECTION 3. (a) Not later than October 1, 2019, the
261261 presiding officer of the Texas Commission of Licensing and
262262 Regulation shall appoint the members of the Licensed Genetic
263263 Counselor Advisory Board created under Chapter 508, Occupations
264264 Code, as added by this Act.
265265 (b) The Texas Commission of Licensing and Regulation shall
266266 adopt rules under Chapter 508, Occupations Code, as added by this
267267 Act, not later than June 30, 2020.
268268 SECTION 4. (a) Except as provided by Subsection (b) of this
269269 section, this Act takes effect September 1, 2019.
270270 (b) Section 508.151, Occupations Code, as added by this Act,
271271 and Subchapter E, Chapter 508, Occupations Code, as added by this
272272 Act, take effect July 1, 2020.