Texas 2025 - 89th Regular

Texas House Bill HB1503 Compare Versions

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Old	New		Differences
1	1		89R1115 RDR-F
2		-	By: Noble, Oliverson, VanDeaver, Simmons, H.B. No. 1503
3		-	Johnson
	2	+	By: Noble H.B. No. 1503
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4	5
5	6
6	7		A BILL TO BE ENTITLED
7	8		AN ACT
8	9		relating to the licensing and regulation of genetic counselors;
9	10		requiring an occupational license; authorizing a fee.
10	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	12		SECTION 1. Section 51.2031(a), Occupations Code, is amended
12	13		to read as follows:
13	14		(a) This section applies only to the regulation of the
14	15		following professions by the department:
15	16		(1) athletic trainers;
16	17		(2) behavior analysts;
17	18		(3) dietitians;
18	19		(4) genetic counselors;
19	20		(5) hearing instrument fitters and dispensers;
20	21		(6) [(5)] midwives;
21	22		(7) [(6)] orthotists and prosthetists; and
22	23		(8) [(7)] speech-language pathologists and
23	24		audiologists.
24	25		SECTION 2. Subtitle I, Title 3, Occupations Code, is
25	26		amended by adding Chapter 508 to read as follows:
26	27		CHAPTER 508. LICENSED GENETIC COUNSELORS
27	28		SUBCHAPTER A. GENERAL PROVISIONS
28	29		Sec. 508.001. SHORT TITLE. This chapter may be cited as the
29	30		Licensed Genetic Counselor Act.
30	31		Sec. 508.002. DEFINITIONS. In this chapter:
31	32		(1) "Advisory board" means the Licensed Genetic
32	33		Counselor Advisory Board.
33	34		(2) "Certifying entity" means the American Board of
34	35		Medical Genetics and Genomics, the American Board of Genetic
35	36		Counseling, or another entity that is nationally accredited to
36	37		issue credentials in the practice of genetic counseling and is
37	38		approved by the department.
38	39		(3) "Commission" means the Texas Commission of
39	40		Licensing and Regulation.
40	41		(4) "Department" means the Texas Department of
41	42		Licensing and Regulation.
42	43		(5) "Executive director" means the executive director
43	44		of the department.
44	45		(6) "Licensed genetic counselor" means a person
45	46		licensed under this chapter to engage in the practice of genetic
46	47		counseling.
47	48		Sec. 508.003. PRACTICE OF GENETIC COUNSELING. (a) In this
48	49		chapter, "practice of genetic counseling" means providing
49	50		professional services described by Subsection (b) for compensation
50	51		to communicate genetic information to an individual, family, group,
51	52		or other entity:
52	53		(1) on the documented referral by:
53	54		(A) a physician licensed in this state;
54	55		(B) a physician assistant licensed in this state;
55	56		(C) an advanced practice registered nurse
56	57		licensed in this state; or
57	58		(D) a person acting under authority delegated
58	59		under Subchapter A, Chapter 157; or
59	60		(2) by a patient's self-referral.
60	61		(b) The practice of genetic counseling:
61	62		(1) consists of:
62	63		(A) obtaining and evaluating individual, family,
63	64		and medical histories to determine the risk for a genetic or medical
64	65		condition or disease in a patient, the patient's offspring, or
65	66		other family members of the patient;
66	67		(B) discussing the features, natural history,
67	68		means of diagnosis, genetic and environmental factors, and
68	69		management of risk for a genetic or medical condition or disease;
69	70		(C) identifying, coordinating, ordering, and
70	71		explaining the results of genetic laboratory tests and other
71	72		diagnostic studies as appropriate for genetic assessment;
72	73		(D) integrating the results of laboratory tests
73	74		and other diagnostic studies with medical histories to assess and
74	75		communicate risk factors for a genetic or medical condition or
75	76		disease;
76	77		(E) evaluating a patient's or family member's
77	78		response to a genetic or medical condition or disease, including
78	79		the risk of recurrence, and providing patient-centered counseling
79	80		and anticipatory guidance;
80	81		(F) identifying and using community resources
81	82		that provide medical, educational, financial, and psychosocial
82	83		support and advocacy; and
83	84		(G) providing written documentation of medical,
84	85		genetic, and counseling information for a patient's family members
85	86		and health care providers; and
86	87		(2) does not include the diagnosis of disorders.
87	88		Sec. 508.004. PRACTICE OF MEDICINE NOT AUTHORIZED. This
88	89		chapter does not authorize the practice of medicine as defined by
89	90		the law of this state.
90	91		Sec. 508.005. APPLICABILITY; EXEMPTIONS. (a) This chapter
91	92		does not apply to a physician licensed to practice medicine in this
92	93		state unless the physician is a licensed genetic counselor.
93	94		(b) A person may engage in the practice of genetic
94	95		counseling without holding a license under this chapter if the
95	96		person:
96	97		(1) is licensed, certified, or registered to practice
97	98		in this state in a health care-related occupation and:
98	99		(A) acts within the occupation's scope of
99	100		practice; and
100	101		(B) does not use the title "genetic counselor" or
101	102		represent or imply that the person is licensed as a genetic
102	103		counselor under this chapter;
103	104		(2) is a student or intern:
104	105		(A) pursuing a course of study or engaged in a
105	106		training program for an occupation regulated by this state and
106	107		acting within the occupation's scope of practice; or
107	108		(B) enrolled in a graduate-level supervised
108	109		genetic counseling training program approved or accepted by the
109	110		department and engaged in an activity constituting the practice of
110	111		genetic counseling as a required part of the training program; or
111	112		(3) is a genetic counselor who:
112	113		(A) is certified by a certifying entity;
113	114		(B) is not a resident of this state;
114	115		(C) performs an activity or provides a service in
115	116		this state for not more than 30 days during any year; and
116	117		(D) meets any other requirement established by
117	118		commission rule.
118	119		(c) A student or intern described by Subsection (b)(2)
119	120		includes a person who:
120	121		(1) is trained as:
121	122		(A) a genetic counselor and has applied to take
122	123		the certification examination; or
123	124		(B) a doctoral medical geneticist and has applied
124	125		to take the certification examination; and
125	126		(2) has not failed the certification examination more
126	127		than twice.
127	128		SUBCHAPTER B. LICENSED GENETIC COUNSELOR ADVISORY BOARD
128	129		Sec. 508.051. LICENSED GENETIC COUNSELOR ADVISORY BOARD.
129	130		(a) The advisory board consists of nine members appointed by the
130	131		presiding officer of the commission with the approval of the
131	132		commission, as follows:
132	133		(1) six licensed genetic counselors, each of whom has
133	134		at least two years of experience practicing genetic counseling as a
134	135		genetic counselor and is:
135	136		(A) licensed under this chapter; or
136	137		(B) certified by a certifying entity;
137	138		(2) one physician who has experience with genetic
138	139		counseling; and
139	140		(3) two members who represent the public.
140	141		(b) Appointments to the advisory board shall be made without
141	142		regard to the race, color, disability, sex, religion, age, or
142	143		national origin of the appointee.
143	144		Sec. 508.052. DUTIES OF ADVISORY BOARD. The advisory board
144	145		shall provide advice and recommendations to the department on
145	146		technical matters relevant to the administration of this chapter.
146	147		Sec. 508.053. TERMS; VACANCY. (a) Members of the advisory
147	148		board serve staggered six-year terms, with the terms of three
148	149		members expiring February 1 of each odd-numbered year.
149	150		(b) A member of the advisory board may not serve more than
150	151		two consecutive six-year terms.
151	152		(c) If a vacancy occurs during a term of a member of the
152	153		advisory board, the presiding officer of the commission, with the
153	154		commission's approval, shall appoint a replacement who meets the
154	155		qualifications for the vacant position to serve for the remainder
155	156		of the term.
156	157		Sec. 508.054. PRESIDING OFFICER. The presiding officer of
157	158		the commission shall designate a member of the advisory board to
158	159		serve as the presiding officer of the advisory board for a term of
159	160		two years. The presiding officer of the advisory board may vote on
160	161		any matter before the advisory board.
161	162		Sec. 508.055. MEETINGS. The advisory board shall meet as
162	163		requested by the presiding officer of the commission or the
163	164		executive director.
164	165		Sec. 508.056. GROUNDS FOR REMOVAL. A member of the advisory
165	166		board may be removed as provided by Section 51.209.
166	167		Sec. 508.057. COMPENSATION; REIMBURSEMENT. (a) A member
167	168		of the advisory board may not receive compensation for service on
168	169		the advisory board.
169	170		(b) A member of the advisory board is entitled to
170	171		reimbursement for actual and necessary expenses incurred in
171	172		performing functions as a member of the advisory board, subject to
172	173		any applicable limitation on reimbursement provided by the General
173	174		Appropriations Act.
174	175		SUBCHAPTER C. POWERS AND DUTIES
175	176		Sec. 508.101. GENERAL POWERS AND DUTIES. (a) The
176	177		commission shall adopt rules consistent with this chapter for the
177	178		administration and enforcement of this chapter.
178	179		(b) The department shall:
179	180		(1) administer and enforce this chapter;
180	181		(2) evaluate the qualifications of license
181	182		applicants;
182	183		(3) provide for the examination of license applicants;
183	184		(4) issue licenses;
184	185		(5) in connection with a hearing under this chapter,
185	186		issue subpoenas, examine witnesses, and administer oaths under the
186	187		laws of this state; and
187	188		(6) investigate persons engaging in practices that
188	189		violate this chapter.
189	190		Sec. 508.102. CONFIDENTIALITY OF COMPLAINT AND
190	191		DISCIPLINARY INFORMATION. (a) Except as provided by Subsection
191	192		(b), all information and materials subpoenaed or compiled by the
192	193		department in connection with a complaint and investigation are
193	194		confidential and not subject to disclosure under Chapter 552,
194	195		Government Code, and not subject to disclosure, discovery,
195	196		subpoena, or other means of legal compulsion for their release to
196	197		anyone other than the department or its employees or agents
197	198		involved in discipline of a license holder.
198	199		(b) Information described by Subsection (a) may be
199	200		disclosed in accordance with Chapter 51 to:
200	201		(1) persons involved with the department in a
201	202		disciplinary action against a license holder;
202	203		(2) a respondent or the respondent's authorized
203	204		representative;
204	205		(3) a governmental agency, if:
205	206		(A) the disclosure is required or permitted by
206	207		law; and
207	208		(B) the agency obtaining the disclosure protects
208	209		the identity of any patient whose records are examined;
209	210		(4) a professional genetic counselor licensing or
210	211		disciplinary board in another jurisdiction;
211	212		(5) peer assistance programs approved by the
212	213		commission under Chapter 467, Health and Safety Code;
213	214		(6) law enforcement agencies; and
214	215		(7) persons engaged in bona fide research, if all
215	216		individual-identifying information has been deleted.
216	217		(c) As provided by Chapter 51, notices of alleged violations
217	218		issued by the department, commission, or executive director, and
218	219		final disciplinary actions, including warnings and reprimands, by
219	220		the department, commission, or executive director are not
220	221		confidential and are subject to disclosure in accordance with
221	222		Chapter 552, Government Code.
222	223		(d) Notwithstanding any other law, the requirements of
223	224		Chapter 51 related to the confidentiality of complaint and
224	225		investigation information for a health-related program are
225	226		applicable to complaint and investigation information under this
226	227		chapter.
227	228		Sec. 508.103. STANDARDS OF ETHICAL PRACTICE. The
228	229		commission shall adopt rules under this chapter that establish
229	230		standards of ethical practice.
230	231		Sec. 508.104. ASSISTANCE FILING COMPLAINT. The department,
231	232		in accordance with Section 51.252, shall provide reasonable
232	233		assistance to a person who wishes to file a complaint with the
233	234		department regarding a person or activity regulated under this
234	235		chapter.
235	236		Sec. 508.105. FEES. The commission by rule shall set fees
236	237		in amounts reasonable and necessary to cover the costs of
237	238		administering this chapter.
238	239		SUBCHAPTER D. LICENSING REQUIREMENTS
239	240		Sec. 508.151. LICENSE REQUIRED. (a) Except as provided by
240	241		Section 508.005, a person may not act as a genetic counselor or
241	242		engage in the practice of genetic counseling in this state unless
242	243		the person holds a license under this chapter.
243	244		(b) Except as provided by Section 508.005, unless a person
244	245		holds a license under this chapter, the person may not:
245	246		(1) use the title or represent or imply that the person
246	247		has the title "genetic counselor," "certified genetic counselor,"
247	248		"licensed genetic counselor," "gene counselor," "genetic
248	249		consultant," or "genetic associate"; or
249	250		(2) use any other word, abbreviation, or insignia
250	251		indicating or implying that the person is a licensed genetic
251	252		counselor.
252	253		(c) This chapter may not be construed to prohibit a
253	254		physician or an employee or other person acting under a physician's
254	255		delegated authority from representing to a patient or the public
255	256		that the physician, employee, or person provides genetic
256	257		counseling.
257	258		Sec. 508.152. LICENSE APPLICATION. An applicant for a
258	259		license must:
259	260		(1) submit an application in the manner and on a form
260	261		prescribed by the department;
261	262		(2) successfully complete a state-approved criminal
262	263		background check; and
263	264		(3) pay the application fee set by the commission.
264	265		Sec. 508.153. LICENSE ELIGIBILITY. To be eligible for a
265	266		genetic counselor license, a license applicant must present
266	267		evidence to the department that the applicant:
267	268		(1) has passed an examination by a certifying entity
268	269		or an equivalent examination in genetic counseling approved by the
269	270		department;
270	271		(2) is currently certified by a certifying entity in
271	272		genetic counseling or medical genetics;
272	273		(3) has met the educational requirements of a
273	274		certifying entity, which must include a master's degree in genetic
274	275		counseling or medical genetics or an equivalent educational
275	276		standard adopted by the certifying entity;
276	277		(4) is in compliance with all professional, ethical,
277	278		and disciplinary standards established by the certifying entity;
278	279		and
279	280		(5) is not subject to any disciplinary action by the
280	281		certifying entity.
281	282		Sec. 508.154. ISSUANCE OF LICENSE. The department shall
282	283		issue a genetic counselor license to an applicant who:
283	284		(1) complies with the requirements of this chapter;
284	285		(2) meets any additional requirements the commission
285	286		establishes by rule; and
286	287		(3) pays the required fees.
287	288		Sec. 508.155. TERM. A license issued under this chapter
288	289		expires on the second anniversary of the date of issuance.
289	290		Sec. 508.156. RENEWAL. Before the expiration of a license,
290	291		a license may be renewed by:
291	292		(1) submitting an application for renewal;
292	293		(2) paying the renewal fee imposed by the commission;
293	294		and
294	295		(3) providing verification to the department of
295	296		continued certification by a certifying entity, which signifies
296	297		that the applicant for renewal has met any continuing education
297	298		requirements established by the certifying entity.
298	299		SUBCHAPTER E. DISCIPLINARY PROCEDURES
299	300		Sec. 508.201. GROUNDS FOR DISCIPLINARY ACTION. In
300	301		accordance with Section 51.353, the commission or executive
301	302		director may deny, revoke, or suspend a license, refuse to renew a
302	303		license, place on probation a person whose license has been
303	304		suspended, or reprimand a license holder for a violation of this
304	305		chapter, a rule adopted under this chapter, or an order of the
305	306		commission or executive director.
306	307		SUBCHAPTER F. ENFORCEMENT PROCEDURES
307	308		Sec. 508.251. ENFORCEMENT PROCEEDINGS. The commission,
308	309		department, or executive director may enforce this chapter, a rule
309	310		adopted under this chapter, or an order of the commission or
310	311		executive director as provided by Subchapters F and G, Chapter 51.
311	312		SECTION 3. (a) As soon as practicable after the effective
312	313		date of this Act, the presiding officer of the Texas Commission of
313	314		Licensing and Regulation shall appoint nine members to the Licensed
314	315		Genetic Counselor Advisory Board in accordance with Chapter 508,
315	316		Occupations Code, as added by this Act. In making the initial
316	317		appointments, the presiding officer of the commission shall
317	318		designate three members for terms expiring February 1, 2027, three
318	319		members for terms expiring February 1, 2029, and three members for
319	320		terms expiring February 1, 2031.
320	321		(b) Notwithstanding Section 508.051, Occupations Code, as
321	322		added by this Act, a person who meets the requirements of Section
322	323		508.153, Occupations Code, as added by this Act, may be appointed as
323	324		an initial licensed genetic counselor member of the Licensed
324	325		Genetic Counselor Advisory Board, regardless of whether the person
325	326		holds a license issued under Chapter 508, Occupations Code, as
326	327		added by this Act.
327	328		SECTION 4. Not later than May 1, 2026, the Texas Commission
328	329		of Licensing and Regulation shall adopt the rules, procedures, and
329	330		fees necessary to administer Chapter 508, Occupations Code, as
330	331		added by this Act.
331	332		SECTION 5. (a) Except as provided by Subsection (b) of this
332	333		section, this Act takes effect September 1, 2025.
333	334		(b) Section 508.151, Occupations Code, as added by this Act,
334	335		and Subchapter F, Chapter 508, Occupations Code, as added by this
335	336		Act, take effect September 1, 2026.