Texas 2019 - 86th Regular

Texas Senate Bill SB754 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R6722 BEE-F
2	2	By: Huffman S.B. No. 754
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of genetic counselors
8	8	requiring an occupational license; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 51.2031(a), Occupations Code, is amended
11	11	to read as follows:
12	12	(a) This section applies only to the regulation of the
13	13	following professions by the department:
14	14	(1) athletic trainers;
15	15	(2) behavior analysts;
16	16	(3) dietitians;
17	17	(4) genetic counselors;
18	18	(5) hearing instrument fitters and dispensers;
19	19	(6) [(5)] midwives;
20	20	(7) [(6)] orthotists and prosthetists; and
21	21	(8) [(7)] speech-language pathologists and
22	22	audiologists.
23	23	SECTION 2. Subtitle I, Title 3, Occupations Code, is
24	24	amended by adding Chapter 508 to read as follows:
25	25	CHAPTER 508. LICENSED GENETIC COUNSELORS
26	26	SUBCHAPTER A. GENERAL PROVISIONS
27	27	Sec. 508.001. SHORT TITLE. This chapter may be cited as the
28	28	Licensed Genetic Counselor Act.
29	29	Sec. 508.002. DEFINITIONS. In this chapter:
30	30	(1) "Advisory board" means the Licensed Genetic
31	31	Counselor Advisory Board.
32	32	(2) "Commission" means the Texas Commission of
33	33	Licensing and Regulation.
34	34	(3) "Department" means the Texas Department of
35	35	Licensing and Regulation.
36	36	(4) "Executive director" means the executive director
37	37	of the department.
38	38	(5) "Licensed genetic counselor" means a person
39	39	licensed under this chapter to engage in the practice of genetic
40	40	counseling.
41	41	Sec. 508.003. PRACTICE OF GENETIC COUNSELING. (a) In this
42	42	chapter, "practice of genetic counseling" means providing
43	43	professional services for compensation to communicate genetic
44	44	information to an individual, family, group, or other entity:
45	45	(1) on the documented referral by:
46	46	(A) a physician licensed in this state;
47	47	(B) a physician assistant licensed in this state;
48	48	(C) an advanced practice registered nurse
49	49	licensed in this state; or
50	50	(D) a person acting under authority delegated
51	51	under Subchapter A, Chapter 157; or
52	52	(2) by a patient's self-referral.
53	53	(b) The practice of genetic counseling includes:
54	54	(1) obtaining and evaluating individual, family, and
55	55	medical histories to determine the risk for a genetic or medical
56	56	condition or disease in a patient, the patient's offspring, or
57	57	other family members of the patient;
58	58	(2) discussing the features, natural history, means of
59	59	diagnosis, genetic and environmental factors, and management of
60	60	risk for a genetic or medical condition or disease;
61	61	(3) identifying, coordinating, ordering, and
62	62	explaining the results of genetic laboratory tests and other
63	63	diagnostic studies as appropriate for genetic assessment;
64	64	(4) integrating the results of laboratory tests and
65	65	other diagnostic studies with medical histories to assess and
66	66	communicate risk factors for a genetic or medical condition or
67	67	disease;
68	68	(5) evaluating a patient's or family member's response
69	69	to a genetic or medical condition or disease, including the risk of
70	70	recurrence, and providing patient-centered counseling and
71	71	anticipatory guidance;
72	72	(6) identifying and using community resources that
73	73	provide medical, educational, financial, and psychosocial support
74	74	and advocacy; and
75	75	(7) providing written documentation of medical,
76	76	genetic, and counseling information for a patient's family members
77	77	and health care providers.
78	78	Sec. 508.004. PRACTICE OF MEDICINE NOT AUTHORIZED. This
79	79	chapter does not authorize the practice of medicine as defined by
80	80	the law of this state.
81	81	Sec. 508.005. APPLICABILITY; EXEMPTIONS. (a) This chapter
82	82	does not apply to a physician licensed to practice medicine in this
83	83	state unless the physician is a licensed genetic counselor.
84	84	(b) A person may engage in the practice of genetic
85	85	counseling without holding a license under this chapter if the
86	86	person:
87	87	(1) is licensed, certified, or registered to practice
88	88	in this state in a health care-related occupation and:
89	89	(A) acts within the occupation's scope of
90	90	practice; and
91	91	(B) does not use the title "genetic counselor" or
92	92	represent or imply the person is licensed as a genetic counselor
93	93	under this chapter;
94	94	(2) is a student or intern:
95	95	(A) pursuing a course of study or engaged in a
96	96	training program for an occupation regulated by this state and
97	97	acting within the occupation's scope of practice; or
98	98	(B) enrolled in a commission-approved,
99	99	graduate-level supervised genetic counseling training program and
100	100	engaged in an activity constituting the practice of genetic
101	101	counseling as a required part of the training program; or
102	102	(3) is a genetic counselor who:
103	103	(A) is certified by the American Board of Medical
104	104	Genetics and Genomics, the American Board of Genetic Counseling, or
105	105	another certification body approved by the commission;
106	106	(B) is not a resident of this state;
107	107	(C) performs an activity or provides a service in
108	108	this state for not more than 30 days during any year; and
109	109	(D) meets any other requirement established by
110	110	commission rule.
111	111	(c) A student or intern described by Subsection (b)(2)
112	112	includes a person who:
113	113	(1) is trained as:
114	114	(A) a genetic counselor and has applied to take
115	115	the certification examination; or
116	116	(B) a doctoral medical geneticist and has applied
117	117	to take the certification examination; and
118	118	(2) has not failed the certification examination more
119	119	than twice.
120	120	SUBCHAPTER B. LICENSED GENETIC COUNSELOR ADVISORY BOARD
121	121	Sec. 508.051. LICENSED GENETIC COUNSELOR ADVISORY BOARD.
122	122	The advisory board consists of seven licensed genetic counselors
123	123	appointed by the presiding officer of the commission with the
124	124	approval of the commission, each of whom:
125	125	(1) has engaged for at least two years in the practice
126	126	of genetic counseling as a genetic counselor and is:
127	127	(A) licensed under this chapter; or
128	128	(B) certified by the American Board of Medical
129	129	Genetics and Genomics, the American Board of Genetic Counseling, or
130	130	another certification body approved by the commission;
131	131	(2) is a United States citizen; and
132	132	(3) has been a resident of this state for at least six
133	133	months preceding the date of appointment.
134	134	Sec. 508.052. DUTIES OF ADVISORY BOARD. The advisory board
135	135	shall provide advice and recommendations to the department on
136	136	technical matters relevant to the administration of this chapter.
137	137	Sec. 508.053. TERMS; VACANCY. (a) Advisory board members
138	138	serve two-year terms. The terms expire on February 1 of each
139	139	odd-numbered year.
140	140	(b) If a vacancy occurs during an advisory board member's
141	141	term, the presiding officer of the commission with the approval of
142	142	the commission shall appoint a new member to fill the unexpired
143	143	term.
144	144	(c) An advisory board member may not serve more than two
145	145	consecutive full terms.
146	146	Sec. 508.054. PRESIDING OFFICER. The presiding officer of
147	147	the commission biennially shall designate an advisory board member
148	148	as the presiding officer of the advisory board to serve in that
149	149	capacity at the will of the presiding officer of the commission.
150	150	Sec. 508.055. MEETINGS. The advisory board shall meet as
151	151	requested by the presiding officer of the commission or the
152	152	executive director.
153	153	SUBCHAPTER C. POWERS AND DUTIES
154	154	Sec. 508.101. GENERAL POWERS AND DUTIES. (a) The
155	155	executive director shall administer and enforce this chapter.
156	156	(b) The department shall:
157	157	(1) establish qualifications for licensed genetic
158	158	counselors in this state;
159	159	(2) establish the examination requirements for
160	160	issuance of a licensed genetic counselor license;
161	161	(3) establish minimum education and training
162	162	requirements necessary for issuance of a licensed genetic counselor
163	163	license;
164	164	(4) prescribe the application form for issuance of a
165	165	licensed genetic counselor license; and
166	166	(5) develop an approved program of mandatory
167	167	continuing education for licensed genetic counselors and the manner
168	168	in which attendance at all approved courses, clinics, forums,
169	169	lectures, programs, or seminars is monitored and recorded.
170	170	Sec. 508.102. CONFIDENTIALITY OF COMPLAINT AND
171	171	DISCIPLINARY INFORMATION. (a) Except as provided by Subsection
172	172	(b), all information and materials subpoenaed or compiled by the
173	173	department in connection with a complaint and investigation are
174	174	confidential and not subject to disclosure under Chapter 552,
175	175	Government Code, and not subject to disclosure, discovery,
176	176	subpoena, or other means of legal compulsion for their release to
177	177	anyone other than the department or its employees or agents
178	178	involved in discipline of a license holder.
179	179	(b) Information described by Subsection (a) may be
180	180	disclosed to:
181	181	(1) persons involved with the department in a
182	182	disciplinary action against a license holder;
183	183	(2) professional genetic counselor licensing or
184	184	disciplinary boards in other jurisdictions;
185	185	(3) peer assistance programs approved by the
186	186	commission under Chapter 467, Health and Safety Code;
187	187	(4) law enforcement agencies; and
188	188	(5) persons engaged in bona fide research, if all
189	189	individual-identifying information has been deleted.
190	190	(c) The filing of formal charges by the department against a
191	191	license holder, the nature of those charges, disciplinary
192	192	proceedings of the department, commission, or executive director,
193	193	and final disciplinary actions, including warnings and reprimands,
194	194	by the department, commission, or executive director are not
195	195	confidential and are subject to disclosure in accordance with
196	196	Chapter 552, Government Code.
197	197	SUBCHAPTER D. LICENSING REQUIREMENTS
198	198	Sec. 508.151. LICENSE REQUIRED. (a) Except as provided by
199	199	Section 508.005, a person may not act as a genetic counselor or
200	200	engage in the practice of genetic counseling in this state unless
201	201	the person holds a license under this chapter.
202	202	(b) Except as provided by Section 508.005, unless a person
203	203	holds a license under this chapter, the person may not:
204	204	(1) use the title or represent or imply that the person
205	205	has the title "genetic counselor," "certified genetic counselor,"
206	206	"licensed genetic counselor," "gene counselor," "genetic
207	207	consultant," or "genetic associate"; or
208	208	(2) use any other word, abbreviation, or insignia
209	209	indicating or implying that the person is a licensed genetic
210	210	counselor.
211	211	(c) This chapter may not be construed to prohibit a
212	212	physician or an employee or other person acting under a physician's
213	213	delegated authority from representing to a patient or the public
214	214	that the physician, employee, or person provides genetic
215	215	counseling.
216	216	Sec. 508.152. LICENSE APPLICATION. An applicant for a
217	217	license must:
218	218	(1) file a written application in the manner and on a
219	219	form prescribed by the executive director; and
220	220	(2) pay the application fee set by the commission.
221	221	Sec. 508.153. LICENSE ELIGIBILITY. To be eligible for a
222	222	license, a license applicant must:
223	223	(1) successfully complete the examination required by
224	224	Section 508.154;
225	225	(2) have successfully completed:
226	226	(A) a master's degree in a genetic counseling
227	227	training program that is approved by the commission and that is at
228	228	least as stringent as a genetic counseling training program
229	229	accredited by the Accreditation Council for Genetic Counseling or a
230	230	successor organization; or
231	231	(B) a master's degree in a medical genetics
232	232	training program that is approved by the commission and that is at
233	233	least as stringent as a medical genetics training program
234	234	accredited by the American Board of Medical Genetics and Genomics
235	235	or a successor organization; and
236	236	(3) meet any other requirement prescribed by the
237	237	commission.
238	238	Sec. 508.154. EXAMINATION. (a) An applicant for a license
239	239	under this chapter must successfully complete an examination
240	240	approved by the commission that demonstrates the applicant's
241	241	knowledge of genetic counseling.
242	242	(b) The commission shall adopt rules to govern the
243	243	development and administration of an examination for issuance of a
244	244	genetic counselor license. Any written portion of the examination
245	245	must be validated by an independent testing professional.
246	246	Sec. 508.155. ISSUANCE OF LICENSE. The department shall
247	247	issue a genetic counselor license to a person who meets the
248	248	requirements of this chapter and the rules adopted under this
249	249	chapter.
250	250	Sec. 508.156. TERM; RENEWAL. A genetic counselor license
251	251	expires on the second anniversary of the date of issuance. The
252	252	commission by rule shall provide for the renewal of the license.
253	253	SUBCHAPTER E. DISCIPLINARY PROCEDURES
254	254	Sec. 508.201. GROUNDS FOR DISCIPLINARY ACTION. The
255	255	commission or executive director shall revoke or suspend a license,
256	256	refuse to renew a license, place on probation a person whose license
257	257	has been suspended, or reprimand a license holder for a violation of
258	258	this chapter, a rule adopted under this chapter, or an order of the
259	259	commission or executive director.
260	260	SECTION 3. (a) Not later than October 1, 2019, the
261	261	presiding officer of the Texas Commission of Licensing and
262	262	Regulation shall appoint the members of the Licensed Genetic
263	263	Counselor Advisory Board created under Chapter 508, Occupations
264	264	Code, as added by this Act.
265	265	(b) The Texas Commission of Licensing and Regulation shall
266	266	adopt rules under Chapter 508, Occupations Code, as added by this
267	267	Act, not later than June 30, 2020.
268	268	SECTION 4. (a) Except as provided by Subsection (b) of this
269	269	section, this Act takes effect September 1, 2019.
270	270	(b) Section 508.151, Occupations Code, as added by this Act,
271	271	and Subchapter E, Chapter 508, Occupations Code, as added by this
272	272	Act, take effect July 1, 2020.