Texas 2025 - 89th Regular

Texas Senate Bill SB642 Compare Versions

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

Old	New	Differences
1	1	89R1115 RDR-F
2	2	By: Johnson S.B. No. 642
3	3
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6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the licensing and regulation of genetic counselors;
10	10	requiring an occupational license; authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 51.2031(a), Occupations Code, is amended
13	13	to read as follows:
14	14	(a) This section applies only to the regulation of the
15	15	following professions by the department:
16	16	(1) athletic trainers;
17	17	(2) behavior analysts;
18	18	(3) dietitians;
19	19	(4) genetic counselors;
20	20	(5) hearing instrument fitters and dispensers;
21	21	(6) [(5)] midwives;
22	22	(7) [(6)] orthotists and prosthetists; and
23	23	(8) [(7)] speech-language pathologists and
24	24	audiologists.
25	25	SECTION 2. Subtitle I, Title 3, Occupations Code, is
26	26	amended by adding Chapter 508 to read as follows:
27	27	CHAPTER 508. LICENSED GENETIC COUNSELORS
28	28	SUBCHAPTER A. GENERAL PROVISIONS
29	29	Sec. 508.001. SHORT TITLE. This chapter may be cited as the
30	30	Licensed Genetic Counselor Act.
31	31	Sec. 508.002. DEFINITIONS. In this chapter:
32	32	(1) "Advisory board" means the Licensed Genetic
33	33	Counselor Advisory Board.
34	34	(2) "Certifying entity" means the American Board of
35	35	Medical Genetics and Genomics, the American Board of Genetic
36	36	Counseling, or another entity that is nationally accredited to
37	37	issue credentials in the practice of genetic counseling and is
38	38	approved by the department.
39	39	(3) "Commission" means the Texas Commission of
40	40	Licensing and Regulation.
41	41	(4) "Department" means the Texas Department of
42	42	Licensing and Regulation.
43	43	(5) "Executive director" means the executive director
44	44	of the department.
45	45	(6) "Licensed genetic counselor" means a person
46	46	licensed under this chapter to engage in the practice of genetic
47	47	counseling.
48	48	Sec. 508.003. PRACTICE OF GENETIC COUNSELING. (a) In this
49	49	chapter, "practice of genetic counseling" means providing
50	50	professional services described by Subsection (b) for compensation
51	51	to communicate genetic information to an individual, family, group,
52	52	or other entity:
53	53	(1) on the documented referral by:
54	54	(A) a physician licensed in this state;
55	55	(B) a physician assistant licensed in this state;
56	56	(C) an advanced practice registered nurse
57	57	licensed in this state; or
58	58	(D) a person acting under authority delegated
59	59	under Subchapter A, Chapter 157; or
60	60	(2) by a patient's self-referral.
61	61	(b) The practice of genetic counseling:
62	62	(1) consists of:
63	63	(A) obtaining and evaluating individual, family,
64	64	and medical histories to determine the risk for a genetic or medical
65	65	condition or disease in a patient, the patient's offspring, or
66	66	other family members of the patient;
67	67	(B) discussing the features, natural history,
68	68	means of diagnosis, genetic and environmental factors, and
69	69	management of risk for a genetic or medical condition or disease;
70	70	(C) identifying, coordinating, ordering, and
71	71	explaining the results of genetic laboratory tests and other
72	72	diagnostic studies as appropriate for genetic assessment;
73	73	(D) integrating the results of laboratory tests
74	74	and other diagnostic studies with medical histories to assess and
75	75	communicate risk factors for a genetic or medical condition or
76	76	disease;
77	77	(E) evaluating a patient's or family member's
78	78	response to a genetic or medical condition or disease, including
79	79	the risk of recurrence, and providing patient-centered counseling
80	80	and anticipatory guidance;
81	81	(F) identifying and using community resources
82	82	that provide medical, educational, financial, and psychosocial
83	83	support and advocacy; and
84	84	(G) providing written documentation of medical,
85	85	genetic, and counseling information for a patient's family members
86	86	and health care providers; and
87	87	(2) does not include the diagnosis of disorders.
88	88	Sec. 508.004. PRACTICE OF MEDICINE NOT AUTHORIZED. This
89	89	chapter does not authorize the practice of medicine as defined by
90	90	the law of this state.
91	91	Sec. 508.005. APPLICABILITY; EXEMPTIONS. (a) This chapter
92	92	does not apply to a physician licensed to practice medicine in this
93	93	state unless the physician is a licensed genetic counselor.
94	94	(b) A person may engage in the practice of genetic
95	95	counseling without holding a license under this chapter if the
96	96	person:
97	97	(1) is licensed, certified, or registered to practice
98	98	in this state in a health care-related occupation and:
99	99	(A) acts within the occupation's scope of
100	100	practice; and
101	101	(B) does not use the title "genetic counselor" or
102	102	represent or imply that the person is licensed as a genetic
103	103	counselor under this chapter;
104	104	(2) is a student or intern:
105	105	(A) pursuing a course of study or engaged in a
106	106	training program for an occupation regulated by this state and
107	107	acting within the occupation's scope of practice; or
108	108	(B) enrolled in a graduate-level supervised
109	109	genetic counseling training program approved or accepted by the
110	110	department and engaged in an activity constituting the practice of
111	111	genetic counseling as a required part of the training program; or
112	112	(3) is a genetic counselor who:
113	113	(A) is certified by a certifying entity;
114	114	(B) is not a resident of this state;
115	115	(C) performs an activity or provides a service in
116	116	this state for not more than 30 days during any year; and
117	117	(D) meets any other requirement established by
118	118	commission rule.
119	119	(c) A student or intern described by Subsection (b)(2)
120	120	includes a person who:
121	121	(1) is trained as:
122	122	(A) a genetic counselor and has applied to take
123	123	the certification examination; or
124	124	(B) a doctoral medical geneticist and has applied
125	125	to take the certification examination; and
126	126	(2) has not failed the certification examination more
127	127	than twice.
128	128	SUBCHAPTER B. LICENSED GENETIC COUNSELOR ADVISORY BOARD
129	129	Sec. 508.051. LICENSED GENETIC COUNSELOR ADVISORY BOARD.
130	130	(a) The advisory board consists of nine members appointed by the
131	131	presiding officer of the commission with the approval of the
132	132	commission, as follows:
133	133	(1) six licensed genetic counselors, each of whom has
134	134	at least two years of experience practicing genetic counseling as a
135	135	genetic counselor and is:
136	136	(A) licensed under this chapter; or
137	137	(B) certified by a certifying entity;
138	138	(2) one physician who has experience with genetic
139	139	counseling; and
140	140	(3) two members who represent the public.
141	141	(b) Appointments to the advisory board shall be made without
142	142	regard to the race, color, disability, sex, religion, age, or
143	143	national origin of the appointee.
144	144	Sec. 508.052. DUTIES OF ADVISORY BOARD. The advisory board
145	145	shall provide advice and recommendations to the department on
146	146	technical matters relevant to the administration of this chapter.
147	147	Sec. 508.053. TERMS; VACANCY. (a) Members of the advisory
148	148	board serve staggered six-year terms, with the terms of three
149	149	members expiring February 1 of each odd-numbered year.
150	150	(b) A member of the advisory board may not serve more than
151	151	two consecutive six-year terms.
152	152	(c) If a vacancy occurs during a term of a member of the
153	153	advisory board, the presiding officer of the commission, with the
154	154	commission's approval, shall appoint a replacement who meets the
155	155	qualifications for the vacant position to serve for the remainder
156	156	of the term.
157	157	Sec. 508.054. PRESIDING OFFICER. The presiding officer of
158	158	the commission shall designate a member of the advisory board to
159	159	serve as the presiding officer of the advisory board for a term of
160	160	two years. The presiding officer of the advisory board may vote on
161	161	any matter before the advisory board.
162	162	Sec. 508.055. MEETINGS. The advisory board shall meet as
163	163	requested by the presiding officer of the commission or the
164	164	executive director.
165	165	Sec. 508.056. GROUNDS FOR REMOVAL. A member of the advisory
166	166	board may be removed as provided by Section 51.209.
167	167	Sec. 508.057. COMPENSATION; REIMBURSEMENT. (a) A member
168	168	of the advisory board may not receive compensation for service on
169	169	the advisory board.
170	170	(b) A member of the advisory board is entitled to
171	171	reimbursement for actual and necessary expenses incurred in
172	172	performing functions as a member of the advisory board, subject to
173	173	any applicable limitation on reimbursement provided by the General
174	174	Appropriations Act.
175	175	SUBCHAPTER C. POWERS AND DUTIES
176	176	Sec. 508.101. GENERAL POWERS AND DUTIES. (a) The
177	177	commission shall adopt rules consistent with this chapter for the
178	178	administration and enforcement of this chapter.
179	179	(b) The department shall:
180	180	(1) administer and enforce this chapter;
181	181	(2) evaluate the qualifications of license
182	182	applicants;
183	183	(3) provide for the examination of license applicants;
184	184	(4) issue licenses;
185	185	(5) in connection with a hearing under this chapter,
186	186	issue subpoenas, examine witnesses, and administer oaths under the
187	187	laws of this state; and
188	188	(6) investigate persons engaging in practices that
189	189	violate this chapter.
190	190	Sec. 508.102. CONFIDENTIALITY OF COMPLAINT AND
191	191	DISCIPLINARY INFORMATION. (a) Except as provided by Subsection
192	192	(b), all information and materials subpoenaed or compiled by the
193	193	department in connection with a complaint and investigation are
194	194	confidential and not subject to disclosure under Chapter 552,
195	195	Government Code, and not subject to disclosure, discovery,
196	196	subpoena, or other means of legal compulsion for their release to
197	197	anyone other than the department or its employees or agents
198	198	involved in discipline of a license holder.
199	199	(b) Information described by Subsection (a) may be
200	200	disclosed in accordance with Chapter 51 to:
201	201	(1) persons involved with the department in a
202	202	disciplinary action against a license holder;
203	203	(2) a respondent or the respondent's authorized
204	204	representative;
205	205	(3) a governmental agency, if:
206	206	(A) the disclosure is required or permitted by
207	207	law; and
208	208	(B) the agency obtaining the disclosure protects
209	209	the identity of any patient whose records are examined;
210	210	(4) a professional genetic counselor licensing or
211	211	disciplinary board in another jurisdiction;
212	212	(5) peer assistance programs approved by the
213	213	commission under Chapter 467, Health and Safety Code;
214	214	(6) law enforcement agencies; and
215	215	(7) persons engaged in bona fide research, if all
216	216	individual-identifying information has been deleted.
217	217	(c) As provided by Chapter 51, notices of alleged violations
218	218	issued by the department, commission, or executive director, and
219	219	final disciplinary actions, including warnings and reprimands, by
220	220	the department, commission, or executive director are not
221	221	confidential and are subject to disclosure in accordance with
222	222	Chapter 552, Government Code.
223	223	(d) Notwithstanding any other law, the requirements of
224	224	Chapter 51 related to the confidentiality of complaint and
225	225	investigation information for a health-related program are
226	226	applicable to complaint and investigation information under this
227	227	chapter.
228	228	Sec. 508.103. STANDARDS OF ETHICAL PRACTICE. The
229	229	commission shall adopt rules under this chapter that establish
230	230	standards of ethical practice.
231	231	Sec. 508.104. ASSISTANCE FILING COMPLAINT. The department,
232	232	in accordance with Section 51.252, shall provide reasonable
233	233	assistance to a person who wishes to file a complaint with the
234	234	department regarding a person or activity regulated under this
235	235	chapter.
236	236	Sec. 508.105. FEES. The commission by rule shall set fees
237	237	in amounts reasonable and necessary to cover the costs of
238	238	administering this chapter.
239	239	SUBCHAPTER D. LICENSING REQUIREMENTS
240	240	Sec. 508.151. LICENSE REQUIRED. (a) Except as provided by
241	241	Section 508.005, a person may not act as a genetic counselor or
242	242	engage in the practice of genetic counseling in this state unless
243	243	the person holds a license under this chapter.
244	244	(b) Except as provided by Section 508.005, unless a person
245	245	holds a license under this chapter, the person may not:
246	246	(1) use the title or represent or imply that the person
247	247	has the title "genetic counselor," "certified genetic counselor,"
248	248	"licensed genetic counselor," "gene counselor," "genetic
249	249	consultant," or "genetic associate"; or
250	250	(2) use any other word, abbreviation, or insignia
251	251	indicating or implying that the person is a licensed genetic
252	252	counselor.
253	253	(c) This chapter may not be construed to prohibit a
254	254	physician or an employee or other person acting under a physician's
255	255	delegated authority from representing to a patient or the public
256	256	that the physician, employee, or person provides genetic
257	257	counseling.
258	258	Sec. 508.152. LICENSE APPLICATION. An applicant for a
259	259	license must:
260	260	(1) submit an application in the manner and on a form
261	261	prescribed by the department;
262	262	(2) successfully complete a state-approved criminal
263	263	background check; and
264	264	(3) pay the application fee set by the commission.
265	265	Sec. 508.153. LICENSE ELIGIBILITY. To be eligible for a
266	266	genetic counselor license, a license applicant must present
267	267	evidence to the department that the applicant:
268	268	(1) has passed an examination by a certifying entity
269	269	or an equivalent examination in genetic counseling approved by the
270	270	department;
271	271	(2) is currently certified by a certifying entity in
272	272	genetic counseling or medical genetics;
273	273	(3) has met the educational requirements of a
274	274	certifying entity, which must include a master's degree in genetic
275	275	counseling or medical genetics or an equivalent educational
276	276	standard adopted by the certifying entity;
277	277	(4) is in compliance with all professional, ethical,
278	278	and disciplinary standards established by the certifying entity;
279	279	and
280	280	(5) is not subject to any disciplinary action by the
281	281	certifying entity.
282	282	Sec. 508.154. ISSUANCE OF LICENSE. The department shall
283	283	issue a genetic counselor license to an applicant who:
284	284	(1) complies with the requirements of this chapter;
285	285	(2) meets any additional requirements the commission
286	286	establishes by rule; and
287	287	(3) pays the required fees.
288	288	Sec. 508.155. TERM. A license issued under this chapter
289	289	expires on the second anniversary of the date of issuance.
290	290	Sec. 508.156. RENEWAL. Before the expiration of a license,
291	291	a license may be renewed by:
292	292	(1) submitting an application for renewal;
293	293	(2) paying the renewal fee imposed by the commission;
294	294	and
295	295	(3) providing verification to the department of
296	296	continued certification by a certifying entity, which signifies
297	297	that the applicant for renewal has met any continuing education
298	298	requirements established by the certifying entity.
299	299	SUBCHAPTER E. DISCIPLINARY PROCEDURES
300	300	Sec. 508.201. GROUNDS FOR DISCIPLINARY ACTION. In
301	301	accordance with Section 51.353, the commission or executive
302	302	director may deny, revoke, or suspend a license, refuse to renew a
303	303	license, place on probation a person whose license has been
304	304	suspended, or reprimand a license holder for a violation of this
305	305	chapter, a rule adopted under this chapter, or an order of the
306	306	commission or executive director.
307	307	SUBCHAPTER F. ENFORCEMENT PROCEDURES
308	308	Sec. 508.251. ENFORCEMENT PROCEEDINGS. The commission,
309	309	department, or executive director may enforce this chapter, a rule
310	310	adopted under this chapter, or an order of the commission or
311	311	executive director as provided by Subchapters F and G, Chapter 51.
312	312	SECTION 3. (a) As soon as practicable after the effective
313	313	date of this Act, the presiding officer of the Texas Commission of
314	314	Licensing and Regulation shall appoint nine members to the Licensed
315	315	Genetic Counselor Advisory Board in accordance with Chapter 508,
316	316	Occupations Code, as added by this Act. In making the initial
317	317	appointments, the presiding officer of the commission shall
318	318	designate three members for terms expiring February 1, 2027, three
319	319	members for terms expiring February 1, 2029, and three members for
320	320	terms expiring February 1, 2031.
321	321	(b) Notwithstanding Section 508.051, Occupations Code, as
322	322	added by this Act, a person who meets the requirements of Section
323	323	508.153, Occupations Code, as added by this Act, may be appointed as
324	324	an initial licensed genetic counselor member of the Licensed
325	325	Genetic Counselor Advisory Board, regardless of whether the person
326	326	holds a license issued under Chapter 508, Occupations Code, as
327	327	added by this Act.
328	328	SECTION 4. Not later than May 1, 2026, the Texas Commission
329	329	of Licensing and Regulation shall adopt the rules, procedures, and
330	330	fees necessary to administer Chapter 508, Occupations Code, as
331	331	added by this Act.
332	332	SECTION 5. (a) Except as provided by Subsection (b) of this
333	333	section, this Act takes effect September 1, 2025.
334	334	(b) Section 508.151, Occupations Code, as added by this Act,
335	335	and Subchapter F, Chapter 508, Occupations Code, as added by this
336	336	Act, take effect September 1, 2026.