bill creating a state license for genetic counselors

The text as introduced · 2,428 words

89R1115 RDR-F

By: Noble
H.B. No. 1503

A BILL TO BE ENTITLED

AN ACT

relating to the licensing and regulation of genetic counselors;

requiring an occupational license; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 51.2031(a), Occupations Code, is amended

to read as follows:

(a) This section applies only to the regulation of the

following professions by the department:

(1) athletic trainers;

(2) behavior analysts;

(3) dietitians;

(4) genetic counselors;

(5) hearing instrument fitters and dispensers;

(6) [ (5) ] midwives;

(7) [ (6) ] orthotists and prosthetists; and

(8) [ (7) ] speech-language pathologists and

audiologists.

SECTION 2. Subtitle I, Title 3, Occupations Code, is

amended by adding Chapter 508 to read as follows:

CHAPTER 508. LICENSED GENETIC COUNSELORS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 508.001. SHORT TITLE. This chapter may be cited as the

Licensed Genetic Counselor Act.

Sec. 508.002. DEFINITIONS. In this chapter:

(1) "Advisory board" means the Licensed Genetic

Counselor Advisory Board.

(2) "Certifying entity" means 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 the department.

(3) "Commission" means the Texas Commission of

Licensing and Regulation.

(4) "Department" means the Texas Department of

Licensing and Regulation.

(5) "Executive director" means the executive director

of the department.

(6) "Licensed genetic counselor" means a person

licensed under this chapter to engage in the practice of genetic

counseling.

Sec. 508.003. PRACTICE OF GENETIC COUNSELING. (a) In this

chapter, "practice of genetic counseling" means providing

professional services described by Subsection (b) for compensation

to communicate genetic information to an individual, family, group,

or other entity:

(1) on the documented referral by:

(A) a physician licensed in this state;

(B) a physician assistant licensed in this state;

(C) an advanced practice registered nurse

licensed in this state; or

(D) a person acting under authority delegated

under Subchapter A, Chapter 157; or

(2) by a patient's self-referral.

(b) The practice of genetic counseling:

(1) consists of:

(A) 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;

(B) discussing the features, natural history,

means of diagnosis, genetic and environmental factors, and

management of risk for a genetic or medical condition or disease;

(C) identifying, coordinating, ordering, and

explaining the results of genetic laboratory tests and other

diagnostic studies as appropriate for genetic assessment;

(D) 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;

(E) 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;

(F) identifying and using community resources

that provide medical, educational, financial, and psychosocial

support and advocacy; and

(G) providing written documentation of medical,

genetic, and counseling information for a patient's family members

and health care providers; and

(2) does not include the diagnosis of disorders.

Sec. 508.004. PRACTICE OF MEDICINE NOT AUTHORIZED. This

chapter does not authorize the practice of medicine as defined by

the law of this state.

Sec. 508.005. APPLICABILITY; EXEMPTIONS. (a) This chapter

does not apply to a physician licensed to practice medicine in this

state unless the physician is a licensed genetic counselor.

(b) A person may engage in the practice of genetic

counseling without holding a license under this chapter if the

person:

(1) is licensed, certified, or registered to practice

in this state in a health care-related occupation and:

(A) acts within the occupation's scope of

practice; and

(B) does not use the title "genetic counselor" or

represent or imply that the person is licensed as a genetic

counselor under this chapter;

(2) is a student or intern:

(A) pursuing a course of study or engaged in a

training program for an occupation regulated by this state and

acting within the occupation's scope of practice; or

(B) enrolled in a graduate-level supervised

genetic counseling training program approved or accepted by the

department and engaged in an activity constituting the practice of

genetic counseling as a required part of the training program; or

(3) is a genetic counselor who:

(A) is certified by a certifying entity;

(B) is not a resident of this state;

(C) performs an activity or provides a service in

this state for not more than 30 days during any year; and

(D) meets any other requirement established by

commission rule.

(c) A student or intern described by Subsection (b)(2)

includes a person who:

(1) is trained as:

(A) a genetic counselor and has applied to take

the certification examination; or

(B) a doctoral medical geneticist and has applied

to take the certification examination; and

(2) has not failed the certification examination more

than twice.

SUBCHAPTER B. LICENSED GENETIC COUNSELOR ADVISORY BOARD

Sec. 508.051. LICENSED GENETIC COUNSELOR ADVISORY BOARD.

(a) The advisory board consists of nine members appointed by the

presiding officer of the commission with the approval of the

commission, as follows:

(1) six licensed genetic counselors, each of whom has

at least two years of experience practicing genetic counseling as a

genetic counselor and is:

(A) licensed under this chapter; or

(B) certified by a certifying entity;

(2) one physician who has experience with genetic

counseling; and

(3) two members who represent the public.

(b) Appointments to the advisory board shall be made without

regard to the race, color, disability, sex, religion, age, or

national origin of the appointee.

Sec. 508.052. DUTIES OF ADVISORY BOARD. The advisory board

shall provide advice and recommendations to the department on

technical matters relevant to the administration of this chapter.

Sec. 508.053. TERMS; VACANCY. (a) Members of the advisory

board serve staggered six-year terms, with the terms of three

members expiring February 1 of each odd-numbered year.

(b) A member of the advisory board may not serve more than

two consecutive six-year terms.

(c) If a vacancy occurs during a term of a member of the

advisory board, the presiding officer of the commission, with the

commission's approval, shall appoint a replacement who meets the

qualifications for the vacant position to serve for the remainder

of the term.

Sec. 508.054. PRESIDING OFFICER. The presiding officer of

the commission shall designate a member of the advisory board to

serve as the presiding officer of the advisory board for a term of

two years. The presiding officer of the advisory board may vote on

any matter before the advisory board.

Sec. 508.055. MEETINGS. The advisory board shall meet as

requested by the presiding officer of the commission or the

executive director.

Sec. 508.056. GROUNDS FOR REMOVAL. A member of the advisory

board may be removed as provided by Section 51.209.

Sec. 508.057. COMPENSATION; REIMBURSEMENT. (a) A member

of the advisory board may not receive compensation for service on

the advisory board.

(b) A member of the advisory board is entitled to

reimbursement for actual and necessary expenses incurred in

performing functions as a member of the advisory board, subject to

any applicable limitation on reimbursement provided by the General

Appropriations Act.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 508.101. GENERAL POWERS AND DUTIES. (a) The

commission shall adopt rules consistent with this chapter for the

administration and enforcement of this chapter.

(b) The department shall:

(1) administer and enforce this chapter;

(2) evaluate the qualifications of license

applicants;

(3) provide for the examination of license applicants;

(4) issue licenses;

(5) in connection with a hearing under this chapter,

issue subpoenas, examine witnesses, and administer oaths under the

laws of this state; and

(6) investigate persons engaging in practices that

violate this chapter.

Sec. 508.102. CONFIDENTIALITY OF COMPLAINT AND

DISCIPLINARY INFORMATION. (a) Except as provided by Subsection

(b), all information and materials subpoenaed or compiled by the

department in connection with a complaint and investigation are

confidential and not subject to disclosure under Chapter 552,

Government Code, and not subject to disclosure, discovery,

subpoena, or other means of legal compulsion for their release to

anyone other than the department or its employees or agents

involved in discipline of a license holder.

(b) Information described by Subsection (a) may be

disclosed in accordance with Chapter 51 to:

(1) persons involved with the department in a

disciplinary action against a license holder;

(2) a respondent or the respondent's authorized

representative;

(3) a governmental agency, if:

(A) the disclosure is required or permitted by

law; and

(B) the agency obtaining the disclosure protects

the identity of any patient whose records are examined;

(4) a professional genetic counselor licensing or

disciplinary board in another jurisdiction;

(5) peer assistance programs approved by the

commission under Chapter 467, Health and Safety Code;

(6) law enforcement agencies; and

(7) persons engaged in bona fide research, if all

individual-identifying information has been deleted.

(c) As provided by Chapter 51, notices of alleged violations

issued by the department, commission, or executive director, and

final disciplinary actions, including warnings and reprimands, by

the department, commission, or executive director are not

confidential and are subject to disclosure in accordance with

Chapter 552, Government Code.

(d) Notwithstanding any other law, the requirements of

Chapter 51 related to the confidentiality of complaint and

investigation information for a health-related program are

applicable to complaint and investigation information under this

chapter.

Sec. 508.103. STANDARDS OF ETHICAL PRACTICE. The

commission shall adopt rules under this chapter that establish

standards of ethical practice.

Sec. 508.104. ASSISTANCE FILING COMPLAINT. The department,

in accordance with Section 51.252, shall provide reasonable

assistance to a person who wishes to file a complaint with the

department regarding a person or activity regulated under this

chapter.

Sec. 508.105. FEES. The commission by rule shall set fees

in amounts reasonable and necessary to cover the costs of

administering this chapter.

SUBCHAPTER D. LICENSING REQUIREMENTS

Sec. 508.151. LICENSE REQUIRED. (a) Except as provided by

Section 508.005, a person may not act as a genetic counselor or

engage in the practice of genetic counseling in this state unless

the person holds a license under this chapter.

(b) Except as provided by Section 508.005, unless a person

holds a license under this chapter, the person may not:

(1) 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

(2) use any other word, abbreviation, or insignia

indicating or implying that the person is a licensed genetic

counselor.

(c) This chapter 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.

Sec. 508.152. LICENSE APPLICATION. An applicant for a

license must:

(1) submit an application in the manner and on a form

prescribed by the department;

(2) successfully complete a state-approved criminal

background check; and

(3) pay the application fee set by the commission.

Sec. 508.153. LICENSE ELIGIBILITY. To be eligible for a

genetic counselor license, a license applicant must present

evidence to the department that the applicant:

(1) has passed an examination by a certifying entity

or an equivalent examination in genetic counseling approved by the

department;

(2) is currently certified by a certifying entity in

genetic counseling or medical genetics;

(3) 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;

(4) is in compliance with all professional, ethical,

and disciplinary standards established by the certifying entity;

and

(5) is not subject to any disciplinary action by the

certifying entity.

Sec. 508.154. ISSUANCE OF LICENSE. The department shall

issue a genetic counselor license to an applicant who:

(1) complies with the requirements of this chapter;

(2) meets any additional requirements the commission

establishes by rule; and

(3) pays the required fees.

Sec. 508.155. TERM. A license issued under this chapter

expires on the second anniversary of the date of issuance.

Sec. 508.156. RENEWAL. Before the expiration of a license,

a license may be renewed by:

(1) submitting an application for renewal;

(2) paying the renewal fee imposed by the commission;

and

(3) providing verification to the department of

continued certification by a certifying entity, which signifies

that the applicant for renewal has met any continuing education

requirements established by the certifying entity.

SUBCHAPTER E. DISCIPLINARY PROCEDURES

Sec. 508.201. GROUNDS FOR DISCIPLINARY ACTION. In

accordance with Section 51.353, the commission or executive

director may 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 this

chapter, a rule adopted under this chapter, or an order of the

commission or executive director.

SUBCHAPTER F. ENFORCEMENT PROCEDURES

Sec. 508.251. ENFORCEMENT PROCEEDINGS. The commission,

department, or executive director may enforce this chapter, a rule

adopted under this chapter, or an order of the commission or

executive director as provided by Subchapters F and G, Chapter 51.

SECTION 3. (a) As soon as practicable after the effective

date of this Act, the presiding officer of the Texas Commission of

Licensing and Regulation shall appoint nine members to the Licensed

Genetic Counselor Advisory Board in accordance with Chapter 508,

Occupations Code, as added by this Act. In making the initial

appointments, the presiding officer of the commission shall

designate three members for terms expiring February 1, 2027, three

members for terms expiring February 1, 2029, and three members for

terms expiring February 1, 2031.

(b) Notwithstanding Section 508.051, Occupations Code, as

added by this Act, a person who meets the requirements of Section

508.153, Occupations Code, as added by this Act, may be appointed as

an initial licensed genetic counselor member of the Licensed

Genetic Counselor Advisory Board, regardless of whether the person

holds a license issued under Chapter 508, Occupations Code, as

added by this Act.

SECTION 4. Not later than May 1, 2026, the Texas Commission

of Licensing and Regulation shall adopt the rules, procedures, and

fees necessary to administer Chapter 508, Occupations Code, as

added by this Act.

SECTION 5. (a) Except as provided by Subsection (b) of this

section, this Act takes effect September 1, 2025.

(b) Section 508.151, Occupations Code, as added by this Act,

and Subchapter F, Chapter 508, Occupations Code, as added by this

Act, take effect September 1, 2026.