HB1503 - Relating to the licensing and regulation of genetic counselors; requiring an occupational license; authorizing a fee.

  89R1115 RDR-F     By: Noble, Oliverson, VanDeaver, Simmons, H.B. No. 1503       Johnson       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. [Text truncated for display. Full text available on Congress.gov.]