ASSEMBLY, No. 2537
STATE OF NEW JERSEY
INTRODUCED DECEMBER 5, 1996
By Assemblywomen HECK, VANDERVALK and Murphy
An Act concerning the licensure of genetic counselors and supplementing chapter 9 of Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Genetic Counselor's Licensing Act."
2. The Legislature finds that: the profession of genetic counseling reached its 25th year in 1994; the American Board of Genetic Counseling prepares and administers examinations to certify individuals who provide services in the clinical genetics specialty of genetic counseling and accredits training programs in genetic counseling; prior to the establishment of the American Board of Genetic Counseling, certification in this specialty was offered by the American Board of Medical Genetics.
The Legislature further finds that: genetic counseling is a communication process which deals with the human problems associated with the occurrence, or the risk of occurrence, of a genetic disorder, birth defect or mental retardation in a family. This process involves an attempt by one or more appropriately trained individuals to help an individual or family: comprehend the medical facts, including the diagnostic, probable course and available management of a disorder, as well as the risk of occurrence in specified relatives; understand the options for dealing with the risk of recurrence; choose the course of action that seems appropriate to that individual or family in view of the risk and the family goals and to act in accordance with that decision; and make the best possible adjustment to the disorder in affected family members and to the risk of occurrence or recurrence of the disorder.
The Legislature further finds that: the profession of genetic counseling profoundly affects the lives of the people of New Jersey; and informed individual decisions to undergo a genetic test and intellectually sound and emotionally healthy responses to the discovery of a genetic anomaly can be facilitated by professional genetic counseling, however, misuse of those same genetic tests or information used for individual decisions may result in inappropriate decision making, loss of privacy, discrimination, inappropriate medical referrals, and unnecessary emotional distress.
The Legislature declares, therefore, that this act is intended to protect the people of New Jersey by setting standards of qualification, education, training and experience for those persons seeking to practice and be licensed as genetic counselors and by promoting high standards of professional performance for those presently practicing as genetic counselors and for those who will be licensed to practice genetic counseling in the State.
3. As used in this act:
"Board" means that the State Board of Medical Examiners established pursuant to section 5 of P.L.1938, c.277 (C.45:9-1).
"Board eligible" means a person who meets the guidelines of the American Board of Genetic Counseling and has been determined by that board to be eligible for testing by the board.
"Certified genetic counselor" means a person who holds a current, valid certificate issued by the American Board of Medical Genetics or the American Board of Genetic Counseling.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Genetic Counseling Advisory Committee" or "committee" means the Genetic Counseling Advisory Committee established pursuant to section 9 of this act.
"Genetic counselor " means a health professional with specialized education, training and experience in medical genetics who meets the requirements for licensure as provided in this act.
"Licensed genetic counselor" means a person who holds a current, valid license issued pursuant to section 6 of this act.
"Supervision" means the direct review of a supervisee for the purpose of teaching, training, administration, accountability or clinical review by a supervisor in the same area of specialized practice.
4. a. No person shall engage in the practice of genetic counseling as a genetic counselor, or present, call or represent himself as a genetic counselor unless licensed pursuant to this act.
b. Only an individual may be licensed to practice genetic counseling within the State. No firm, partnership, association or corporation shall advertise or otherwise offer to provide or convey the impression that it is providing genetic counseling services unless an individual holding a current valid license pursuant to the provisions of this act shall be rendering the genetic counseling services.
5. The provisions of this act shall not apply to:
a. A person licensed by the State to practice medicine and surgery when acting within the scope of the person's profession and doing work of a nature consistent with the person's training, if the person does not hold himself out to the public as a licensed genetic counselor;
b. A student enrolled in an educational program accredited, or in candidacy for accreditation, by the American Board of Genetic Counseling, if the student is practicing as part of a supervised course of study and is clearly designated by the title "genetic counseling intern."
c. A person performing limited counseling as a genetic assistant under the direct supervision of a certified medical geneticist or licensed genetic counselor.
6. a. The board, in consultation with the committee, shall issue a license to an applicant who holds a current, valid certificate as a "certified genetic counselor" from the American Board of Medical Genetics or the American Board of Genetic Counseling and who satisfactorily meets the requirements of this act; except that, a license shall not be issued to an applicant who has committed any act which if committed by a licensee would be grounds for suspension or revocation, or has misrepresented any material fact on the application.
b. The board, in consultation with the committee, shall issue a provisional license to an applicant who is granted board eligible status by the American Board of Genetic Counseling. The provisional license shall expire with the expiration of board eligible status as defined by the American Board of Genetic Counseling.
c. An applicant who satisfies the board that the applicant is licensed or registered under the laws of another state, territory or jurisdiction of the United States, which in the opinion of the board imposes substantially the same licensing requirements as this act, may be licensed pursuant to this act.
7. a. Except in the case of a provisional license issued pursuant to section 6 of this act, all licenses shall be issued for a two-year period upon the payment of the licensing fee prescribed by the director, and shall be renewed upon the filing of a renewal application and the payment of the licensing renewal fee.
b. A genetic counselor whose license is suspended or revoked or whose surrender of license with or without prejudice has been accepted by the board or the committee, shall promptly deliver the original license and current biennial registration to the board or committee.
c. In addition to any other requirements for licensure, at the time of renewal, an applicant shall execute and submit a sworn statement on a form provided by the board that neither the certificate from the American Board of Medical Genetics or the American Board of Genetic Counseling or a license or registration from another state, territory or jurisdiction on which the State licensed is based, has been revoked, suspended or not renewed.
d. Each applicant shall present satisfactory evidence when seeking license renewal that in the period since the license was issued or last renewed, any continuing education requirements have been completed as required by the American Board of Genetic Counseling.
8. A licensed genetic counselor shall not be required to disclose any confidential information that the genetic counselor may have acquired from a client or patient while performing genetic counseling services to that client or patient unless:
a. Disclosure is required by other State law;
b. Failure to disclose the information presents a clear and present danger to the health or safety of an individual;
c. The genetic counselor is a party to a civil, criminal or disciplinary action arising from the genetic counseling services provided, in which case a waiver of the privilege accorded by this section shall be limited to that action;
d. The patient or client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to present testimony and witnesses on that person's behalf; or
e. A patient or client agrees to waive the privilege accorded by this section or, in the case in which more than one person in a family is receiving genetic counseling services, each family member who is receiving the counseling services agrees to waive the privilege. A genetic counselor shall not disclose information received from any family member without obtaining a waiver from each family member who is receiving the counseling services.
9. There is established in the State Board of Medical Examiners a Genetic Counseling Advisory Committee. The committee shall consist of five members who are residents of this State, who are appointed by the Governor. One member shall be a public member, one member shall be a physician licensed to practice medicine and surgery in this State, and three members shall be, except for those first appointed, genetic counselors licensed pursuant to this act. The genetic counselor members first appointed to the committee shall be genetic counselors certified by the American Board of Genetic Counseling or the American Board of Medical Genetics.
The members shall be appointed for a term of three years, except that of the members first appointed, two shall be appointed for a term of one year, two shall be appointed for a term of two years and one shall be appointed for a term of three years. Each member shall serve until his successor has been qualified. Any vacancy in the membership of the committee shall be filled for the unexpired term in the same manner as the original appointments were made. No member shall serve for more than two consecutive terms in addition to any unexpired term to which he has been appointed. The Governor may remove a member of the committee for cause.
Members of the committee shall be compensated and reimbursed for actual expenses reasonably incurred in the performance of their official duties in accordance with subsection a. of section 2 of P.L. 1977, c. 285 (C. 45:1-2.5).
10. The State Board of Medical Examiners shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the provisions of this act.
11. This act shall take effect on the 180th day after enactment.
STATEMENT
This bill provides for the licensing of genetic counselors in the State by the State Board of Medical Examiners.
The bill requires that an applicant for licensure in the State must be certified by the American Board of Medical Genetics or the American Board of Genetic Counseling.
Genetic counseling is a communication process which deals with the human problems associated with the occurrence, or the risk of occurrence, of a genetic disorder, birth defect or mental retardation in a family. This process involves an attempt by one or more appropriately trained individuals to help an individual or family: comprehend the medical facts, including the diagnostic, probable course and available management of a disorder, as well as the risk of occurrence in specified relatives; understand the options for dealing with the risk of recurrence; choose the course of action that seems appropriate to that individual or family in view of the risk and the family goals and to act in accordance with that decision; and make the best possible adjustment to the disorder in affected family members and to the risk of occurrence or recurrence of the disorder.
The profession of genetic counseling profoundly affects the lives of the people of New Jersey. Informed individual decisions to undergo a genetic test and intellectually sound and emotionally healthy responses to the discovery of a genetic anomaly can be facilitated by professional genetic counseling, however, misuse of those same genetic tests or information used for individual decisions may result in inappropriate decision making, loss of privacy, discrimination, inappropriate medical referrals, and unnecessary emotional distress.
Therefore, in order to protect residents of the State, it is necessary to set standards of qualification, education, training and experience for those persons who practice genetic counseling.
Requires licensing of genetic counselors.