Texas 2021 - 87th Regular

Texas House Bill HB2053 Compare Versions

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

Old	New	Differences
1	1	87R4849 BEE-F
2	2	By: Klick H.B. No. 2053
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) "Certifying entity" means the American Board of
33	33	Medical Genetics and Genomics, the American Board of Genetic
34	34	Counseling, or another entity that is nationally accredited to
35	35	issue credentials in the practice of genetic counseling and is
36	36	approved by the department.
37	37	(3) "Commission" means the Texas Commission of
38	38	Licensing and Regulation.
39	39	(4) "Department" means the Texas Department of
40	40	Licensing and Regulation.
41	41	(5) "Executive director" means the executive director
42	42	of the department.
43	43	(6) "Licensed genetic counselor" means a person
44	44	licensed under this chapter to engage in the practice of genetic
45	45	counseling.
46	46	Sec. 508.003. PRACTICE OF GENETIC COUNSELING. (a) In this
47	47	chapter, "practice of genetic counseling" means providing
48	48	professional services described by Subsection (b) for compensation
49	49	to communicate genetic information to an individual, family, group,
50	50	or other entity:
51	51	(1) on the documented referral by:
52	52	(A) a physician licensed in this state;
53	53	(B) a physician assistant licensed in this state;
54	54	(C) an advanced practice registered nurse
55	55	licensed in this state; or
56	56	(D) a person acting under authority delegated
57	57	under Subchapter A, Chapter 157; or
58	58	(2) by a patient's self-referral.
59	59	(b) The practice of genetic counseling:
60	60	(1) consists of:
61	61	(A) obtaining and evaluating individual, family,
62	62	and medical histories to determine the risk for a genetic or medical
63	63	condition or disease in a patient, the patient's offspring, or
64	64	other family members of the patient;
65	65	(B) discussing the features, natural history,
66	66	means of diagnosis, genetic and environmental factors, and
67	67	management of risk for a genetic or medical condition or disease;
68	68	(C) identifying, coordinating, ordering, and
69	69	explaining the results of genetic laboratory tests and other
70	70	diagnostic studies as appropriate for genetic assessment;
71	71	(D) integrating the results of laboratory tests
72	72	and other diagnostic studies with medical histories to assess and
73	73	communicate risk factors for a genetic or medical condition or
74	74	disease;
75	75	(E) evaluating a patient's or family member's
76	76	response to a genetic or medical condition or disease, including
77	77	the risk of recurrence, and providing patient-centered counseling
78	78	and anticipatory guidance;
79	79	(F) identifying and using community resources
80	80	that provide medical, educational, financial, and psychosocial
81	81	support and advocacy; and
82	82	(G) providing written documentation of medical,
83	83	genetic, and counseling information for a patient's family members
84	84	and health care providers; and
85	85	(2) does not include the diagnosis of disorders.
86	86	Sec. 508.004. PRACTICE OF MEDICINE NOT AUTHORIZED. This
87	87	chapter does not authorize the practice of medicine as defined by
88	88	the law of this state.
89	89	Sec. 508.005. APPLICABILITY; EXEMPTIONS. (a) This chapter
90	90	does not apply to a physician licensed to practice medicine in this
91	91	state unless the physician is a licensed genetic counselor.
92	92	(b) A person may engage in the practice of genetic
93	93	counseling without holding a license under this chapter if the
94	94	person:
95	95	(1) is licensed, certified, or registered to practice
96	96	in this state in a health care-related occupation and:
97	97	(A) acts within the occupation's scope of
98	98	practice; and
99	99	(B) does not use the title "genetic counselor" or
100	100	represent or imply the person is licensed as a genetic counselor
101	101	under this chapter;
102	102	(2) is a student or intern:
103	103	(A) pursuing a course of study or engaged in a
104	104	training program for an occupation regulated by this state and
105	105	acting within the occupation's scope of practice; or
106	106	(B) enrolled in a graduate-level supervised
107	107	genetic counseling training program approved or accepted by the
108	108	department and engaged in an activity constituting the practice of
109	109	genetic counseling as a required part of the training program; or
110	110	(3) is a genetic counselor who:
111	111	(A) is certified by a certifying entity;
112	112	(B) is not a resident of this state;
113	113	(C) performs an activity or provides a service in
114	114	this state for not more than 30 days during any year; and
115	115	(D) meets any other requirement established by
116	116	commission rule.
117	117	(c) A student or intern described by Subsection (b)(2)
118	118	includes a person who:
119	119	(1) is trained as:
120	120	(A) a genetic counselor and has applied to take
121	121	the certification examination; or
122	122	(B) a doctoral medical geneticist and has applied
123	123	to take the certification examination; and
124	124	(2) has not failed the certification examination more
125	125	than twice.
126	126	SUBCHAPTER B. LICENSED GENETIC COUNSELOR ADVISORY BOARD
127	127	Sec. 508.051. LICENSED GENETIC COUNSELOR ADVISORY BOARD.
128	128	(a) The advisory board consists of nine members appointed by the
129	129	presiding officer of the commission with the approval of the
130	130	commission, as follows:
131	131	(1) six licensed genetic counselors, each of whom has
132	132	at least two years of experience practicing genetic counseling as a
133	133	genetic counselor and is:
134	134	(A) licensed under this chapter; or
135	135	(B) certified by a certifying entity;
136	136	(2) one physician who has experience with genetic
137	137	counseling; and
138	138	(3) two members who represent the public.
139	139	(b) Appointments to the advisory board shall be made without
140	140	regard to the race, color, disability, sex, religion, age, or
141	141	national origin of the appointee.
142	142	Sec. 508.052. DUTIES OF ADVISORY BOARD. The advisory board
143	143	shall provide advice and recommendations to the department on
144	144	technical matters relevant to the administration of this chapter.
145	145	Sec. 508.053. TERMS; VACANCY. (a) Members of the advisory
146	146	board serve staggered six-year terms, with the terms of three
147	147	members expiring February 1 of each odd-numbered year.
148	148	(b) A member of the advisory board may not serve more than
149	149	two consecutive six-year terms.
150	150	(c) If a vacancy occurs during a term of a member of the
151	151	advisory board, the presiding officer of the commission, with the
152	152	commission's approval, shall appoint a replacement who meets the
153	153	qualifications for the vacant position to serve for the remainder
154	154	of the term.
155	155	Sec. 508.054. PRESIDING OFFICER. The presiding officer of
156	156	the commission shall designate a member of the advisory board to
157	157	serve as the presiding officer of the advisory board for a term of
158	158	two years. The presiding officer of the advisory board may vote on
159	159	any matter before the advisory board.
160	160	Sec. 508.055. MEETINGS. The advisory board shall meet as
161	161	requested by the presiding officer of the commission or the
162	162	executive director.
163	163	Sec. 508.056. GROUNDS FOR REMOVAL. A member of the advisory
164	164	board may be removed as provided by Section 51.209.
165	165	Sec. 508.057. COMPENSATION; REIMBURSEMENT. (a) A member
166	166	of the advisory board may not receive compensation for service on
167	167	the advisory board.
168	168	(b) A member of the advisory board is entitled to
169	169	reimbursement for actual and necessary expenses incurred in
170	170	performing functions as a member of the advisory board, subject to
171	171	any applicable limitation on reimbursement provided by the General
172	172	Appropriations Act.
173	173	SUBCHAPTER C. POWERS AND DUTIES
174	174	Sec. 508.101. GENERAL POWERS AND DUTIES. (a) The
175	175	commission shall adopt rules consistent with this chapter for the
176	176	administration and enforcement of this chapter.
177	177	(b) The department shall:
178	178	(1) administer and enforce this chapter;
179	179	(2) evaluate the qualifications of license
180	180	applicants;
181	181	(3) provide for the examination of license applicants;
182	182	(4) issue licenses;
183	183	(5) in connection with a hearing under this chapter,
184	184	issue subpoenas, examine witnesses, and administer oaths under the
185	185	laws of this state; and
186	186	(6) investigate persons engaging in practices that
187	187	violate this chapter.
188	188	Sec. 508.102. CONFIDENTIALITY OF COMPLAINT AND
189	189	DISCIPLINARY INFORMATION. (a) Except as provided by Subsection
190	190	(b), all information and materials subpoenaed or compiled by the
191	191	department in connection with a complaint and investigation are
192	192	confidential and not subject to disclosure under Chapter 552,
193	193	Government Code, and not subject to disclosure, discovery,
194	194	subpoena, or other means of legal compulsion for their release to
195	195	anyone other than the department or its employees or agents
196	196	involved in discipline of a license holder.
197	197	(b) Information described by Subsection (a) may be
198	198	disclosed in accordance with Chapter 51 to:
199	199	(1) persons involved with the department in a
200	200	disciplinary action against a license holder;
201	201	(2) a respondent or the respondent's authorized
202	202	representative;
203	203	(3) a governmental agency, if:
204	204	(A) the disclosure is required or permitted by
205	205	law; and
206	206	(B) the agency obtaining the disclosure protects
207	207	the identity of any patient whose records are examined;
208	208	(4) a professional genetic counselor licensing or
209	209	disciplinary board in another jurisdiction;
210	210	(5) peer assistance programs approved by the
211	211	commission under Chapter 467, Health and Safety Code;
212	212	(6) law enforcement agencies; and
213	213	(7) persons engaged in bona fide research, if all
214	214	individual-identifying information has been deleted.
215	215	(c) As provided by Chapter 51, notices of alleged violations
216	216	issued by the department, commission, or executive director, and
217	217	final disciplinary actions, including warnings and reprimands, by
218	218	the department, commission, or executive director are not
219	219	confidential and are subject to disclosure in accordance with
220	220	Chapter 552, Government Code.
221	221	(d) Notwithstanding any other law, the requirements of
222	222	Chapter 51 related to the confidentiality of complaint and
223	223	investigation information for a health-related program are
224	224	applicable to complaint and investigation information under this
225	225	chapter.
226	226	Sec. 508.103. STANDARDS OF ETHICAL PRACTICE. The
227	227	commission shall adopt rules under this chapter that establish
228	228	standards of ethical practice.
229	229	Sec. 508.104. ASSISTANCE FILING COMPLAINT. The department,
230	230	in accordance with Section 51.252, shall provide reasonable
231	231	assistance to a person who wishes to file a complaint with the
232	232	department regarding a person or activity regulated under this
233	233	chapter.
234	234	Sec. 508.105. FEES. The commission by rule shall set fees
235	235	in amounts reasonable and necessary to cover the costs of
236	236	administering this chapter.
237	237	SUBCHAPTER D. LICENSING REQUIREMENTS
238	238	Sec. 508.151. LICENSE REQUIRED. (a) Except as provided by
239	239	Section 508.005, a person may not act as a genetic counselor or
240	240	engage in the practice of genetic counseling in this state unless
241	241	the person holds a license under this chapter.
242	242	(b) Except as provided by Section 508.005, unless a person
243	243	holds a license under this chapter, the person may not:
244	244	(1) use the title or represent or imply that the person
245	245	has the title "genetic counselor," "certified genetic counselor,"
246	246	"licensed genetic counselor," "gene counselor," "genetic
247	247	consultant," or "genetic associate"; or
248	248	(2) use any other word, abbreviation, or insignia
249	249	indicating or implying that the person is a licensed genetic
250	250	counselor.
251	251	(c) This chapter may not be construed to prohibit a
252	252	physician or an employee or other person acting under a physician's
253	253	delegated authority from representing to a patient or the public
254	254	that the physician, employee, or person provides genetic
255	255	counseling.
256	256	Sec. 508.152. LICENSE APPLICATION. An applicant for a
257	257	license must:
258	258	(1) submit an application in the manner and on a form
259	259	prescribed by the department;
260	260	(2) successfully complete a state-approved criminal
261	261	background check; and
262	262	(3) pay the application fee set by the commission.
263	263	Sec. 508.153. LICENSE ELIGIBILITY. To be eligible for a
264	264	genetic counselor license, a license applicant must present
265	265	evidence to the department that the applicant:
266	266	(1) has passed an examination by a certifying entity
267	267	or an equivalent examination in genetic counseling approved by the
268	268	department;
269	269	(2) is currently certified by a certifying entity in
270	270	genetic counseling or medical genetics;
271	271	(3) has met the educational requirements of a
272	272	certifying entity, which must include a master's degree in genetic
273	273	counseling or medical genetics or an equivalent educational
274	274	standard adopted by the certifying entity;
275	275	(4) is in compliance with all professional, ethical,
276	276	and disciplinary standards established by the certifying entity;
277	277	and
278	278	(5) is not subject to any disciplinary action by the
279	279	certifying entity.
280	280	Sec. 508.154. ISSUANCE OF LICENSE. The department shall
281	281	issue a genetic counselor license to an applicant who:
282	282	(1) complies with the requirements of this chapter;
283	283	(2) meets any additional requirements the commission
284	284	establishes by rule; and
285	285	(3) pays the required fees.
286	286	Sec. 508.155. TERM. A license issued under this chapter
287	287	expires on the second anniversary of the date of issuance.
288	288	Sec. 508.156. RENEWAL. Before the expiration of a license,
289	289	a license may be renewed by:
290	290	(1) submitting an application for renewal;
291	291	(2) paying the renewal fee imposed by the commission;
292	292	and
293	293	(3) providing verification to the department of
294	294	continued certification by a certifying entity, which signifies
295	295	that the applicant for renewal has met any continuing education
296	296	requirements established by the certifying entity.
297	297	SUBCHAPTER E. DISCIPLINARY PROCEDURES
298	298	Sec. 508.201. GROUNDS FOR DISCIPLINARY ACTION. In
299	299	accordance with Section 51.353, the commission or executive
300	300	director may deny, revoke, or suspend a license, refuse to renew a
301	301	license, place on probation a person whose license has been
302	302	suspended, or reprimand a license holder for a violation of this
303	303	chapter, a rule adopted under this chapter, or an order of the
304	304	commission or executive director.
305	305	SUBCHAPTER F. ENFORCEMENT PROCEDURES
306	306	Sec. 508.251. ENFORCEMENT PROCEEDINGS. The commission,
307	307	department, or executive director may enforce this chapter, a rule
308	308	adopted under this chapter, or an order of the commission or
309	309	executive director as provided by Subchapters F and G, Chapter 51.
310	310	SECTION 3. (a) As soon as practicable after the effective
311	311	date of this Act, the presiding officer of the Texas Commission of
312	312	Licensing and Regulation shall appoint nine members to the Licensed
313	313	Genetic Counselor Advisory Board in accordance with Chapter 508,
314	314	Occupations Code, as added by this Act. In making the initial
315	315	appointments, the presiding officer of the commission shall
316	316	designate three members for terms expiring February 1, 2023, three
317	317	members for terms expiring February 1, 2025, and three members for
318	318	terms expiring February 1, 2027.
319	319	(b) Notwithstanding Section 508.051, Occupations Code, as
320	320	added by this Act, a person who meets the requirements of Section
321	321	508.153, Occupations Code, as added by this Act, may be appointed as
322	322	an initial licensed genetic counselor member of the Licensed
323	323	Genetic Counselor Advisory Board, regardless of whether the person
324	324	holds a license issued under Chapter 508, Occupations Code, as
325	325	added by this Act.
326	326	SECTION 4. Not later than May 1, 2022, the Texas Commission
327	327	of Licensing and Regulation shall adopt the rules, procedures, and
328	328	fees necessary to administer Chapter 508, Occupations Code, as
329	329	added by this Act.
330	330	SECTION 5. (a) Except as provided by Subsection (b) of this
331	331	section, this Act takes effect September 1, 2021.
332	332	(b) Section 508.151, Occupations Code, as added by this Act,
333	333	and Subchapter F, Chapter 508, Occupations Code, as added by this
334	334	Act, take effect September 1, 2022.