GENETIC COUNSELING: LICENSURE                                                                 S.B. 331:

                                                                                  SUMMARY OF INTRODUCED BILL

                                                                                                         IN COMMITTEE

 

 

 

 

 

 

 

 

Senate Bill 331 (as introduced 4-26-17)

Sponsor:  Senator Judy K. Emmons

Committee:  Health Policy

 

Date Completed:  10-2-17

 


CONTENT

 

The bill would amend the Public Health Code to do the following:

 

    --    Require the Department of Licensing and Regulatory Affairs (LARA) to promulgate rules specifying the minimum standards for the licensure of genetic counselors.

    --    Prohibit an individual from engaging in the practice of genetic counseling unless he or she was a licensed genetic counselor, beginning one year after the rules took effect.

    --    Prescribe the scope of practice of genetic counseling.

    --    Require a temporary licensed genetic counselor to work under the supervision of a qualified supervisor.

    --    Establish fees for genetic counselor application processing, licensure, and temporary licensure.

    --    Require the Michigan Board of Medicine to include one genetic counselor.

 

The bill would take effect 90 days after it was enacted.

 

Genetic Counselor Licensure

 

The bill would require the Department of Licensing and Regulatory Affairs, in consultation with the Michigan Board of Medicine, to promulgate rules that specified the minimum standards for licensure, temporary licensure, and license renewal of genetic counselors. 

 

Beginning one year after the rules took effect, an individual would not be permitted to engage in the practice of genetic counseling unless he or she was licensed as a genetic counselor.

 

"Practice of genetic counseling" would mean provision of any of the following services:

 

--    Obtaining and evaluating individual, family, and medical histories to determine the genetic risk for genetic or medical conditions or diseases in a client, the client's descendants, or other family members of the client.

--    Discussing with a client the features, natural history, means of diagnosis, genetic and environmental factors, and management of the genetic risks of genetic or medical conditions or diseases.

--    Identifying and coordinating appropriate genetic laboratory tests and other diagnostic studies for genetic assessment of a client.

--    Integrating genetic laboratory test results and other diagnostic studies with personal and family medical history to assess and communicate a client's risk factors for genetic or medical conditions or diseases.

--    Explaining to a client the clinical implications of genetic laboratory tests and other diagnostic studies and their results.

--    Evaluating the responses of a client and the client's family to a genetic or medical condition or disease and providing client-centered counseling and anticipatory guidance.

--    Identifying and using community resources that provide medical, education, financial, and psychological support and advocacy to a client.

 

To be licensed as a genetic counselor, an individual would have to do all of the following:

 

--    Submit an application prescribed by the Board.

--    Pay a fee.

--    Provide satisfactory evidence of having current certification through a nationally recognized certifying agency for genetic counselors or medical geneticists approved by the Board.

 

A temporary licensed genetic counselor would have to work under the supervision of a qualified supervisor at all times during which the temporary licensed genetic counselor engaged in the practice of genetic counseling. ("Qualified supervisor" would mean an individual who was a genetic counselor and who held a license other than a temporary or limited license.)

 

Except as provided below, an individual who was not licensed as a genetic counselor would be prohibited from using in connection with his or her name or place of business, the title "genetic counselor", "licensed genetic counselor", "gene counselor", "genetic consultant", or "genetic associate", or any words, letters, abbreviations, or insignia indicating or implying that an individual held a license to engage in the practice of genetic counseling.

 

The prohibition and the licensure requirement would not apply to an individual who was certified by the American Board of Medical Genetics and Genomics as a Doctor of Philosophy Medical Geneticist, or held an equivalent certification as determined by the Board, or an individual who was licensed by the State to engage in the practice of a health profession other than the practice of genetic counseling when acting within the scope of his or her health profession and doing work of a nature consistent with the individual's education and training.

 

To obtain a license renewal as a genetic counselor, a licensee would have to present to the Board satisfactory evidence that in the period since the license was issued or last renewed, the licensee had maintained certification through a nationally recognized certifying agency for genetic counselors or medical geneticists approved by the Board.

 

In addition to any other requirements of Article 15 (Occupations) of the Code, the Board would have to perform other functions and duties as necessary to carry out the regulation of genetic counselors.

 

Fees

 

For an individual licensed or seeking licensure to engage in the practice of genetic counseling, the bill would prescribe a $75 application processing fee, a $95 per-year license fee, and a $50 per-year temporary license fee.

 

Board of Medicine

 

The Code requires the creation of the Board of Medicine to consist of the following 19 voting members who meet the requirements of Part 161 (General Provisions): 10 physicians, one physician's assistant, and eight public members.


Under the bill, the Board, instead, would consist of 10 physicians, one physician's assistant, one genetic counselor, and seven public members.  

 

If there were eight public members of the Board when the bill took effect, each public member could continue in office until he or she resigned or otherwise vacated the office, or until his or her term expired. The Governor could not appoint a genetic counselor member to the Board until there were only seven public members.

 

MCL 333.16338 et al.                                               Legislative Analyst:  Stephen Jackson

 

FISCAL IMPACT

 

The bill would have an indeterminate fiscal impact on the Department of Licensing and Regulatory Affairs, and no fiscal impact on local units of government. Under the bill, LARA would be responsible for administration of a program to license genetic counselors, which would result in new ongoing administrative costs, as well as program startup costs such as rule promulgation, staff training, and information technology. To offset these costs, the bill would establish a schedule of fees to be paid by individuals seeking licensure. To provide some perspective, the proposed fees are fairly consistent with the license fees for other medical professions, and generally the fee revenue for those license programs covers LARA's regulatory costs. However, other medical professions have a relatively high number of licensees so fixed costs can be spread over a large number of licensees. In the case of genetic counselors, it is unknown how many individuals would apply, and therefore it is difficult to estimate the revenue and costs, so the fiscal impact of the bill is indeterminate.

 

                                                                                        Fiscal Analyst:  Josh Sefton

 

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.