BILL ANALYSIS H.B. 1503 By: Noble Public Health Committee Report (Unamended) BACKGROUND AND PURPOSE The author has informed the committee that the lack of uniform standards for the practice or training of genetic counselors puts patients at physical and financial risk. A genetic counselor is a health care professional with specialized training in medical genetics and counseling. As members of a health care team, genetic counselors provide risk assessments, education, and support to individuals and families at risk for or diagnosed with a variety of inherited conditions. Genetic counselors also interpret genetic testing results, provide support counseling, and serve as patient advocates. H.B. 1503 seeks to ensure accountability and access to quality care while protecting patients from physical, psychological, and financial harm by establishing the Licensed Genetic Counselor Act, which sets out a licensure process for genetic counselors and creates a Licensed Genetic Counselor Advisory Board for the purpose of advising the Texas Department of Licensing and Regulation on technical matters relevant to the administration of genetic counselor licensing. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 2 of this bill. ANALYSIS H.B. 1503 amends the Occupations Code to establish licensing requirements for the practice of genetic counseling and to establish the Licensed Genetic Counselor Advisory Board. The practice of genetic counseling consists of the following: 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; discussing the features, natural history, means of diagnosis, genetic and environmental factors, and management of risk for a genetic or medical condition or disease; identifying, coordinating, ordering, and explaining the results of genetic laboratory tests and other diagnostic studies as appropriate for genetic assessment; 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; 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; identifying and using community resources that provide medical, educational, financial, and psychosocial support and advocacy; and providing written documentation of medical, genetic, and counseling information for a patient's family members and health care providers. The bill defines "practice of genetic counseling" as providing these professional services for compensation to communicate genetic information to an individual, family, group, or other entity by a patient's self-referral or on the documented referral by a physician licensed in Texas, a physician assistant licensed in Texas, an advanced practice registered nurse licensed in Texas, or a person acting under authority delegated by a physician under state law. The practice of genetic counseling does not include the diagnosis of disorders. Licensing Requirements H.B. 1503 requires a person to hold a genetic counselor license in order to do the following: act as a genetic counselor or engage in the practice of genetic counseling in Texas; 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 use any other word, abbreviation, or insignia indicating or implying that the person is a licensed genetic counselor. That licensing requirement takes effect September 1, 2026. The bill's provisions 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. H.B. 1503 requires an applicant for a genetic counselor license to submit an application in the manner and on a form prescribed by the Texas Department of Licensing and Regulation (TDLR), successfully complete a state-approved criminal background check, and pay the application fee set by the Texas Commission of Licensing and Regulation (TCLR). To be eligible for such a license, a license applicant must present evidence to TDLR that the applicant meets the following criteria: has passed an examination by a certifying entity or an equivalent examination in genetic counseling approved by TDLR; is currently certified by a certifying entity in genetic counseling or medical genetics; has met the educational requirements of a certifying entity, which must include a master's degree in genetic counseling or medical genetics or an equivalent educational standard adopted by the certifying entity; is in compliance with all professional, ethical, and disciplinary standards established by the certifying entity; and is not subject to any disciplinary action by the certifying entity. The bill requires TDLR to issue a license to an applicant who complies with the requirements established by the bill, pays the required fees, and meets any additional requirements established by TCLR rule. The bill sets the license expiration as the second anniversary of the date of issuance and provides for license renewal. The bill defines "certifying entity" as the American Board of Medical Genetics and Genomics, the American Board of Genetic Counseling, or another entity that is nationally accredited to issue credentials in the practice of genetic counseling and is approved by TDLR. H.B. 1503 establishes that its provisions do not authorize the practice of medicine as defined by state law. The bill exempts from its provisions a physician licensed to practice medicine in Texas who is not a licensed genetic counselor. The bill authorizes the following persons to engage in the practice of genetic counseling without holding a license: a person who is licensed, certified, or registered to practice in Texas in a health care‑related occupation, acts within the occupation's scope of practice, and does not use the title "genetic counselor" or represent or imply that the person is licensed as a genetic counselor; a student or intern who is pursuing a course of study or engaged in a training program for an occupation regulated by the state and acting within the occupation's scope of practice; a student or intern who is enrolled in a graduate-level supervised genetic counseling training program approved or accepted by TDLR and engaged in an activity constituting the practice of genetic counseling as a required part of the training program; and a genetic counselor who is certified by a certifying entity, is not a Texas resident, performs an activity or provides a service in Texas for not more than 30 days during any year, and meets any other requirement established by TCLR rule. For such purposes, a student or intern includes a trained genetic counselor or doctoral medical geneticist who has applied to take the certification examination and has not failed that examination more than twice. Administration and Enforcement H.B. 1503 requires TCLR to adopt rules consistent with the bill's provisions governing genetic counselors for the administration and enforcement of those provisions. The bill requires TDLR to do the following: administer and enforce the bill's provisions; evaluate the qualifications of license applicants; provide for the examination of license applicants; issue licenses; issue subpoenas, examine witnesses, and administer oaths under state law in connection with a hearing under the bill's provisions; and investigate persons engaging in practices that violate the bill's provisions. H.B. 1503 establishes the confidentiality of all information and materials subpoenaed or compiled by TDLR in connection with a complaint and investigation. Generally, the information and materials are not subject to disclosure under state public information law and are not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than TDLR or its employees or agents involved in discipline of a genetic counselor license holder. However, the bill authorizes the information and materials to be disclosed in accordance with the TDLR governing statutes to the following individuals and entities: persons involved with TDLR in a disciplinary action against a genetic counselor license holder; a respondent or the respondent's authorized representative; a governmental agency, if the disclosure is required or permitted by law and the agency obtaining the disclosure protects the identity of any patient whose records are examined; a professional genetic counselor licensing or disciplinary board in another jurisdiction; peer assistance programs approved by TCLR; law enforcement agencies; and persons engaged in bona fide research, if all individual-identifying information has been deleted. As provided by the TDLR governing statutes, notices of alleged violations issued by TDLR, TCLR, or TDLR's executive director, and final disciplinary actions, including warnings and reprimands, by those entities are not confidential and are subject to disclosure in accordance with state public information law. The bill specifies that, notwithstanding any other law, the requirements of the TDLR governing statutes related to the confidentiality of complaint and investigation information for a health-related program are applicable to complaint and investigation information under the bill's provisions governing genetic counselors. H.B. 1503 requires TCLR to adopt rules that establish standards of ethical practice for genetic counselors and requires TDLR to provide reasonable assistance to a person who wishes to file a complaint with TDLR regarding a person or activity regulated under the bill's provisions. The bill requires TCLR by rule to set fees in amounts reasonable and necessary to cover the costs of administering the bill's provisions governing genetic counselors. H.B. 1503 authorizes TCLR or TDLR's executive director to deny, 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 the bill's provisions governing genetic counselors, a rule adopted under those provisions, or an order of TCLR or TDLR's executive director. The bill authorizes TCLR, TDLR, or TDLR's executive director, effective September 1, 2026, to enforce those bill provisions, rules, or orders by imposing an administrative or other penalty and taking enforcement actions authorized under the TDLR governing statutes. H.B. 1503 requires TCLR, not later than May 1, 2026, to adopt the rules, procedures, and fees necessary to administer the bill's provisions governing genetic counselors. Licensed Genetic Counselor Advisory Board H.B. 1503 creates the Licensed Genetic Counselor Advisory Board to provide advice and recommendations to TDLR on technical matters relevant to the administration of genetic counselor licensing. The bill does the following with respect to the board: sets out the composition of the nine-member board, appointed by TCLR's presiding officer with the approval of TCLR, as follows: o six licensed genetic counselors, each of whom has at least two years of experience practicing genetic counseling as a genetic counselor and is licensed under the bill's provisions or is certified by a certifying entity; o one physician who has experience with genetic counseling; and o two members who represent the public; requires appointments to be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee; limits board members to two consecutive six-year terms and provides for staggered terms; specifies the process to fill a vacancy on the board; provides for the designation of the board's presiding officer, who is expressly authorized to vote on any matter before the board; requires the board to meet as requested by TCLR's presiding officer or TDLR's executive director; provides for grounds for removal of a board member; prohibits compensation for service on the board, but provides for reimbursement of members' expenses; authorizes the appointment of a person who meets the license eligibility requirements as an initial licensed genetic counselor member of the board, regardless of whether the person holds a license; and requires TCLR's presiding officer to appoint the initial nine members to the board as soon as practicable after the bill's effective date and provides for the staggering of those members' terms. The bill includes genetic counselors among the health-related professions to which certain requirements relating to the role of advisory boards in TCLR rulemaking apply. EFFECTIVE DATE Except as otherwise provided, September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 1503
By: Noble
Public Health
Committee Report (Unamended)
H.B. 1503
By: Noble
Public Health
Committee Report (Unamended)
BACKGROUND AND PURPOSE The author has informed the committee that the lack of uniform standards for the practice or training of genetic counselors puts patients at physical and financial risk. A genetic counselor is a health care professional with specialized training in medical genetics and counseling. As members of a health care team, genetic counselors provide risk assessments, education, and support to individuals and families at risk for or diagnosed with a variety of inherited conditions. Genetic counselors also interpret genetic testing results, provide support counseling, and serve as patient advocates. H.B. 1503 seeks to ensure accountability and access to quality care while protecting patients from physical, psychological, and financial harm by establishing the Licensed Genetic Counselor Act, which sets out a licensure process for genetic counselors and creates a Licensed Genetic Counselor Advisory Board for the purpose of advising the Texas Department of Licensing and Regulation on technical matters relevant to the administration of genetic counselor licensing.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 2 of this bill.
ANALYSIS H.B. 1503 amends the Occupations Code to establish licensing requirements for the practice of genetic counseling and to establish the Licensed Genetic Counselor Advisory Board. The practice of genetic counseling consists of the following: 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; discussing the features, natural history, means of diagnosis, genetic and environmental factors, and management of risk for a genetic or medical condition or disease; identifying, coordinating, ordering, and explaining the results of genetic laboratory tests and other diagnostic studies as appropriate for genetic assessment; 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; 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; identifying and using community resources that provide medical, educational, financial, and psychosocial support and advocacy; and providing written documentation of medical, genetic, and counseling information for a patient's family members and health care providers. The bill defines "practice of genetic counseling" as providing these professional services for compensation to communicate genetic information to an individual, family, group, or other entity by a patient's self-referral or on the documented referral by a physician licensed in Texas, a physician assistant licensed in Texas, an advanced practice registered nurse licensed in Texas, or a person acting under authority delegated by a physician under state law. The practice of genetic counseling does not include the diagnosis of disorders. Licensing Requirements H.B. 1503 requires a person to hold a genetic counselor license in order to do the following: act as a genetic counselor or engage in the practice of genetic counseling in Texas; 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 use any other word, abbreviation, or insignia indicating or implying that the person is a licensed genetic counselor. That licensing requirement takes effect September 1, 2026. The bill's provisions 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. H.B. 1503 requires an applicant for a genetic counselor license to submit an application in the manner and on a form prescribed by the Texas Department of Licensing and Regulation (TDLR), successfully complete a state-approved criminal background check, and pay the application fee set by the Texas Commission of Licensing and Regulation (TCLR). To be eligible for such a license, a license applicant must present evidence to TDLR that the applicant meets the following criteria: has passed an examination by a certifying entity or an equivalent examination in genetic counseling approved by TDLR; is currently certified by a certifying entity in genetic counseling or medical genetics; has met the educational requirements of a certifying entity, which must include a master's degree in genetic counseling or medical genetics or an equivalent educational standard adopted by the certifying entity; is in compliance with all professional, ethical, and disciplinary standards established by the certifying entity; and is not subject to any disciplinary action by the certifying entity. The bill requires TDLR to issue a license to an applicant who complies with the requirements established by the bill, pays the required fees, and meets any additional requirements established by TCLR rule. The bill sets the license expiration as the second anniversary of the date of issuance and provides for license renewal. The bill defines "certifying entity" as the American Board of Medical Genetics and Genomics, the American Board of Genetic Counseling, or another entity that is nationally accredited to issue credentials in the practice of genetic counseling and is approved by TDLR. H.B. 1503 establishes that its provisions do not authorize the practice of medicine as defined by state law. The bill exempts from its provisions a physician licensed to practice medicine in Texas who is not a licensed genetic counselor. The bill authorizes the following persons to engage in the practice of genetic counseling without holding a license: a person who is licensed, certified, or registered to practice in Texas in a health care‑related occupation, acts within the occupation's scope of practice, and does not use the title "genetic counselor" or represent or imply that the person is licensed as a genetic counselor; a student or intern who is pursuing a course of study or engaged in a training program for an occupation regulated by the state and acting within the occupation's scope of practice; a student or intern who is enrolled in a graduate-level supervised genetic counseling training program approved or accepted by TDLR and engaged in an activity constituting the practice of genetic counseling as a required part of the training program; and a genetic counselor who is certified by a certifying entity, is not a Texas resident, performs an activity or provides a service in Texas for not more than 30 days during any year, and meets any other requirement established by TCLR rule. For such purposes, a student or intern includes a trained genetic counselor or doctoral medical geneticist who has applied to take the certification examination and has not failed that examination more than twice. Administration and Enforcement H.B. 1503 requires TCLR to adopt rules consistent with the bill's provisions governing genetic counselors for the administration and enforcement of those provisions. The bill requires TDLR to do the following: administer and enforce the bill's provisions; evaluate the qualifications of license applicants; provide for the examination of license applicants; issue licenses; issue subpoenas, examine witnesses, and administer oaths under state law in connection with a hearing under the bill's provisions; and investigate persons engaging in practices that violate the bill's provisions. H.B. 1503 establishes the confidentiality of all information and materials subpoenaed or compiled by TDLR in connection with a complaint and investigation. Generally, the information and materials are not subject to disclosure under state public information law and are not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than TDLR or its employees or agents involved in discipline of a genetic counselor license holder. However, the bill authorizes the information and materials to be disclosed in accordance with the TDLR governing statutes to the following individuals and entities: persons involved with TDLR in a disciplinary action against a genetic counselor license holder; a respondent or the respondent's authorized representative; a governmental agency, if the disclosure is required or permitted by law and the agency obtaining the disclosure protects the identity of any patient whose records are examined; a professional genetic counselor licensing or disciplinary board in another jurisdiction; peer assistance programs approved by TCLR; law enforcement agencies; and persons engaged in bona fide research, if all individual-identifying information has been deleted. As provided by the TDLR governing statutes, notices of alleged violations issued by TDLR, TCLR, or TDLR's executive director, and final disciplinary actions, including warnings and reprimands, by those entities are not confidential and are subject to disclosure in accordance with state public information law. The bill specifies that, notwithstanding any other law, the requirements of the TDLR governing statutes related to the confidentiality of complaint and investigation information for a health-related program are applicable to complaint and investigation information under the bill's provisions governing genetic counselors. H.B. 1503 requires TCLR to adopt rules that establish standards of ethical practice for genetic counselors and requires TDLR to provide reasonable assistance to a person who wishes to file a complaint with TDLR regarding a person or activity regulated under the bill's provisions. The bill requires TCLR by rule to set fees in amounts reasonable and necessary to cover the costs of administering the bill's provisions governing genetic counselors. H.B. 1503 authorizes TCLR or TDLR's executive director to deny, 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 the bill's provisions governing genetic counselors, a rule adopted under those provisions, or an order of TCLR or TDLR's executive director. The bill authorizes TCLR, TDLR, or TDLR's executive director, effective September 1, 2026, to enforce those bill provisions, rules, or orders by imposing an administrative or other penalty and taking enforcement actions authorized under the TDLR governing statutes. H.B. 1503 requires TCLR, not later than May 1, 2026, to adopt the rules, procedures, and fees necessary to administer the bill's provisions governing genetic counselors. Licensed Genetic Counselor Advisory Board H.B. 1503 creates the Licensed Genetic Counselor Advisory Board to provide advice and recommendations to TDLR on technical matters relevant to the administration of genetic counselor licensing. The bill does the following with respect to the board: sets out the composition of the nine-member board, appointed by TCLR's presiding officer with the approval of TCLR, as follows: o six licensed genetic counselors, each of whom has at least two years of experience practicing genetic counseling as a genetic counselor and is licensed under the bill's provisions or is certified by a certifying entity; o one physician who has experience with genetic counseling; and o two members who represent the public; requires appointments to be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee; limits board members to two consecutive six-year terms and provides for staggered terms; specifies the process to fill a vacancy on the board; provides for the designation of the board's presiding officer, who is expressly authorized to vote on any matter before the board; requires the board to meet as requested by TCLR's presiding officer or TDLR's executive director; provides for grounds for removal of a board member; prohibits compensation for service on the board, but provides for reimbursement of members' expenses; authorizes the appointment of a person who meets the license eligibility requirements as an initial licensed genetic counselor member of the board, regardless of whether the person holds a license; and requires TCLR's presiding officer to appoint the initial nine members to the board as soon as practicable after the bill's effective date and provides for the staggering of those members' terms. The bill includes genetic counselors among the health-related professions to which certain requirements relating to the role of advisory boards in TCLR rulemaking apply.
EFFECTIVE DATE Except as otherwise provided, September 1, 2025.
BACKGROUND AND PURPOSE
The author has informed the committee that the lack of uniform standards for the practice or training of genetic counselors puts patients at physical and financial risk. A genetic counselor is a health care professional with specialized training in medical genetics and counseling. As members of a health care team, genetic counselors provide risk assessments, education, and support to individuals and families at risk for or diagnosed with a variety of inherited conditions. Genetic counselors also interpret genetic testing results, provide support counseling, and serve as patient advocates. H.B. 1503 seeks to ensure accountability and access to quality care while protecting patients from physical, psychological, and financial harm by establishing the Licensed Genetic Counselor Act, which sets out a licensure process for genetic counselors and creates a Licensed Genetic Counselor Advisory Board for the purpose of advising the Texas Department of Licensing and Regulation on technical matters relevant to the administration of genetic counselor licensing.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 2 of this bill.
ANALYSIS
H.B. 1503 amends the Occupations Code to establish licensing requirements for the practice of genetic counseling and to establish the Licensed Genetic Counselor Advisory Board. The practice of genetic counseling consists of the following:
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;
discussing the features, natural history, means of diagnosis, genetic and environmental factors, and management of risk for a genetic or medical condition or disease;
identifying, coordinating, ordering, and explaining the results of genetic laboratory tests and other diagnostic studies as appropriate for genetic assessment;
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;
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;
identifying and using community resources that provide medical, educational, financial, and psychosocial support and advocacy; and
providing written documentation of medical, genetic, and counseling information for a patient's family members and health care providers.
The bill defines "practice of genetic counseling" as providing these professional services for compensation to communicate genetic information to an individual, family, group, or other entity by a patient's self-referral or on the documented referral by a physician licensed in Texas, a physician assistant licensed in Texas, an advanced practice registered nurse licensed in Texas, or a person acting under authority delegated by a physician under state law. The practice of genetic counseling does not include the diagnosis of disorders.
Licensing Requirements
H.B. 1503 requires a person to hold a genetic counselor license in order to do the following:
act as a genetic counselor or engage in the practice of genetic counseling in Texas;
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
use any other word, abbreviation, or insignia indicating or implying that the person is a licensed genetic counselor.
That licensing requirement takes effect September 1, 2026. The bill's provisions 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.
H.B. 1503 requires an applicant for a genetic counselor license to submit an application in the manner and on a form prescribed by the Texas Department of Licensing and Regulation (TDLR), successfully complete a state-approved criminal background check, and pay the application fee set by the Texas Commission of Licensing and Regulation (TCLR). To be eligible for such a license, a license applicant must present evidence to TDLR that the applicant meets the following criteria:
has passed an examination by a certifying entity or an equivalent examination in genetic counseling approved by TDLR;
is currently certified by a certifying entity in genetic counseling or medical genetics;
has met the educational requirements of a certifying entity, which must include a master's degree in genetic counseling or medical genetics or an equivalent educational standard adopted by the certifying entity;
is in compliance with all professional, ethical, and disciplinary standards established by the certifying entity; and
is not subject to any disciplinary action by the certifying entity.
The bill requires TDLR to issue a license to an applicant who complies with the requirements established by the bill, pays the required fees, and meets any additional requirements established by TCLR rule. The bill sets the license expiration as the second anniversary of the date of issuance and provides for license renewal. The bill defines "certifying entity" as the American Board of Medical Genetics and Genomics, the American Board of Genetic Counseling, or another entity that is nationally accredited to issue credentials in the practice of genetic counseling and is approved by TDLR.
H.B. 1503 establishes that its provisions do not authorize the practice of medicine as defined by state law. The bill exempts from its provisions a physician licensed to practice medicine in Texas who is not a licensed genetic counselor. The bill authorizes the following persons to engage in the practice of genetic counseling without holding a license:
a person who is licensed, certified, or registered to practice in Texas in a health care‑related occupation, acts within the occupation's scope of practice, and does not use the title "genetic counselor" or represent or imply that the person is licensed as a genetic counselor;
a student or intern who is pursuing a course of study or engaged in a training program for an occupation regulated by the state and acting within the occupation's scope of practice;
a student or intern who is enrolled in a graduate-level supervised genetic counseling training program approved or accepted by TDLR and engaged in an activity constituting the practice of genetic counseling as a required part of the training program; and
a genetic counselor who is certified by a certifying entity, is not a Texas resident, performs an activity or provides a service in Texas for not more than 30 days during any year, and meets any other requirement established by TCLR rule.
For such purposes, a student or intern includes a trained genetic counselor or doctoral medical geneticist who has applied to take the certification examination and has not failed that examination more than twice.
Administration and Enforcement
H.B. 1503 requires TCLR to adopt rules consistent with the bill's provisions governing genetic counselors for the administration and enforcement of those provisions. The bill requires TDLR to do the following:
administer and enforce the bill's provisions;
evaluate the qualifications of license applicants;
provide for the examination of license applicants;
issue licenses;
issue subpoenas, examine witnesses, and administer oaths under state law in connection with a hearing under the bill's provisions; and
investigate persons engaging in practices that violate the bill's provisions.
H.B. 1503 establishes the confidentiality of all information and materials subpoenaed or compiled by TDLR in connection with a complaint and investigation. Generally, the information and materials are not subject to disclosure under state public information law and are not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than TDLR or its employees or agents involved in discipline of a genetic counselor license holder. However, the bill authorizes the information and materials to be disclosed in accordance with the TDLR governing statutes to the following individuals and entities:
persons involved with TDLR in a disciplinary action against a genetic counselor license holder;
a respondent or the respondent's authorized representative;
a governmental agency, if the disclosure is required or permitted by law and the agency obtaining the disclosure protects the identity of any patient whose records are examined;
a professional genetic counselor licensing or disciplinary board in another jurisdiction;
peer assistance programs approved by TCLR;
law enforcement agencies; and
persons engaged in bona fide research, if all individual-identifying information has been deleted.
As provided by the TDLR governing statutes, notices of alleged violations issued by TDLR, TCLR, or TDLR's executive director, and final disciplinary actions, including warnings and reprimands, by those entities are not confidential and are subject to disclosure in accordance with state public information law. The bill specifies that, notwithstanding any other law, the requirements of the TDLR governing statutes related to the confidentiality of complaint and investigation information for a health-related program are applicable to complaint and investigation information under the bill's provisions governing genetic counselors.
H.B. 1503 requires TCLR to adopt rules that establish standards of ethical practice for genetic counselors and requires TDLR to provide reasonable assistance to a person who wishes to file a complaint with TDLR regarding a person or activity regulated under the bill's provisions. The bill requires TCLR by rule to set fees in amounts reasonable and necessary to cover the costs of administering the bill's provisions governing genetic counselors.
H.B. 1503 authorizes TCLR or TDLR's executive director to deny, 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 the bill's provisions governing genetic counselors, a rule adopted under those provisions, or an order of TCLR or TDLR's executive director. The bill authorizes TCLR, TDLR, or TDLR's executive director, effective September 1, 2026, to enforce those bill provisions, rules, or orders by imposing an administrative or other penalty and taking enforcement actions authorized under the TDLR governing statutes.
H.B. 1503 requires TCLR, not later than May 1, 2026, to adopt the rules, procedures, and fees necessary to administer the bill's provisions governing genetic counselors.
Licensed Genetic Counselor Advisory Board
H.B. 1503 creates the Licensed Genetic Counselor Advisory Board to provide advice and recommendations to TDLR on technical matters relevant to the administration of genetic counselor licensing. The bill does the following with respect to the board:
sets out the composition of the nine-member board, appointed by TCLR's presiding officer with the approval of TCLR, as follows:
o six licensed genetic counselors, each of whom has at least two years of experience practicing genetic counseling as a genetic counselor and is licensed under the bill's provisions or is certified by a certifying entity;
o one physician who has experience with genetic counseling; and
o two members who represent the public;
requires appointments to be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee;
limits board members to two consecutive six-year terms and provides for staggered terms;
specifies the process to fill a vacancy on the board;
provides for the designation of the board's presiding officer, who is expressly authorized to vote on any matter before the board;
requires the board to meet as requested by TCLR's presiding officer or TDLR's executive director;
provides for grounds for removal of a board member;
prohibits compensation for service on the board, but provides for reimbursement of members' expenses;
authorizes the appointment of a person who meets the license eligibility requirements as an initial licensed genetic counselor member of the board, regardless of whether the person holds a license; and
requires TCLR's presiding officer to appoint the initial nine members to the board as soon as practicable after the bill's effective date and provides for the staggering of those members' terms.
The bill includes genetic counselors among the health-related professions to which certain requirements relating to the role of advisory boards in TCLR rulemaking apply.
EFFECTIVE DATE
Except as otherwise provided, September 1, 2025.