SENATE BILL 415
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Linda M. Lopez
AN ACT
RELATING TO PROFESSIONAL LICENSING; PROVIDING LICENSING REQUIREMENTS FOR GENETIC COUNSELORS; CREATING A FUND; PROVIDING FOR A DELAYED EFFECTIVE DATE; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 12 of this act may be cited as the "Genetic Counseling Act".
Section 2. [NEW MATERIAL] FINDINGS AND PURPOSE.--
A. The legislature finds that the mapping of the human genome continues to result in the rapid expansion of genetic knowledge and a proliferation of testing for genetic conditions. This has created a need for qualified professional genetic counselors to coordinate assessments, to deliver accurate information to families, to assist families in
adjusting to the implications of their diagnoses and to help ensure that genetic information is used appropriately in the delivery of medical care.
B. The purpose of the Genetic Counseling Act is to protect the public from the unprofessional, improper, incompetent and unlawful practice of genetic counseling.
Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the Genetic Counseling Act:
A. "ABGC" means the American board of genetic counseling, a national agency for certification and recertification of genetic counselors, or its successor agency;
B. "ABMG" means the American board of medical genetics, a national agency for certification and recertification of genetic counselors and geneticists with medical or other doctoral degrees, or its successor agency;
C. "board" means the New Mexico medical board;
D. "genetic counseling" means a communication process that may include:
(1) estimating the likelihood of occurrence or recurrence of any potentially inherited or genetically influenced condition or congenital abnormality. "Genetic counseling" may involve:
(a) obtaining and analyzing the complete health history of an individual and family members;
(b) reviewing pertinent medical records;
(c) evaluating the risks from exposure to possible mutagens or teratogens; and
(d) determining appropriate genetic testing or other evaluations to diagnose a condition or determine the carrier status of one or more family members;
(2) helping an individual, family or health care provider to:
(a) appreciate the medical, psychological and social implications of a disorder, including its features, variability, usual course and management options;
(b) learn how genetic factors contribute to a disorder and affect the chance for occurrence of the disorder in other family members;
(c) understand available options for coping with, preventing or reducing the chance of occurrence or recurrence of a disorder;
(d) select the most appropriate, accurate and cost-effective methods of diagnosis; and
(e) understand genetic or prenatal tests, coordinate testing for inherited disorders and interpret complex genetic test results; and
(3) facilitating an individual's or family's:
(a) exploration of the perception of risk and burden associated with a genetic disorder; and
(b) adjustment and adaptation to a disorder or the individual's or family's genetic risk by addressing needs for psychological, social and medical support; and
E. "genetic counselor" means a person licensed pursuant to the Genetic Counseling Act to engage in the practice of genetic counseling.
Section 4. [NEW MATERIAL] LICENSE REQUIRED.--Unless licensed as a genetic counselor pursuant to the Genetic Counseling Act, a person shall not:
A. engage in the practice of genetic counseling;
B. use the title or make any representation as being a licensed genetic counselor or use any other title, abbreviation, letters, figures, signs or devices that indicate or imply that the person is licensed to practice as a genetic counselor, including a genetic associate, gene counselor or genetic consultant; or
C. advertise, hold out to the public or represent in any manner that the person is authorized to practice genetic counseling.
Section 5. [NEW MATERIAL] EXEMPTIONS.--
A. Nothing in the Genetic Counseling Act is intended to limit, interfere with or prevent a licensed health care professional from practicing within the scope of the professional license of that health care professional; however, a licensed health care professional shall not advertise to the public or any private group or business by using any title or description of services that includes the term "genetic counseling" unless the health care professional is licensed under the Genetic Counseling Act.
B. The Genetic Counseling Act shall not apply to or affect:
(1) a physician licensed under the Medical Practice Act; or
(2) a commissioned physician or surgeon serving in the armed forces of the United States or a federal agency.
Section 6. [NEW MATERIAL] REQUIREMENTS FOR LICENSING.--The board shall grant a license to practice genetic counseling to a person who has:
A. submitted to the board:
(1) a completed application for licensing on the form provided by the board;
(2) required documentation as determined by the board;
(3) the required fees;
(4) an affidavit stating that the applicant has not been found guilty of unprofessional conduct or incompetence;
(5) satisfactory documentation of having earned:
(a) a master's degree from a genetic counseling training program that is accredited by the ABGC, or an equivalent as determined by the board; or
(b) a doctoral degree from a medical genetics training program that is accredited by the ABMG, or an equivalent as determined by the board; and
(6) proof that the applicant is ABGC- or ABMG-certified; and
B. complied with any other requirements of the board.
Section 7. [NEW MATERIAL] LICENSE RENEWAL.--
A. A licensee shall renew the licensee's genetic counseling license biennially by submitting prior to the date established by the board:
(1) the completed application for license renewal on the form provided by the board; and
(2) the required fee for annual license renewal.
B. The board may require proof of continuing education or other proof of competence as a requirement for renewal.
C. A sixty-day grace period shall be allowed a licensee after the end of the licensing period, during which time the license may be renewed by submitting:
(1) the completed application for license renewal on the form provided by the board;
(2) the required fee for annual license renewal; and
(3) the required late fee.
D. A genetic counselor's license not renewed at the end of the grace period shall be considered expired, and the licensee shall not be eligible to practice within the state. For reinstatement of an expired license within one year of the date of renewal, the board shall establish requirements or fees that are in addition to the fee for annual license renewal and may require the former licensee to reapply as a new applicant.
Section 8. [NEW MATERIAL] TEMPORARY LICENSE.--
A. The board may issue a temporary license to an applicant who has met all licensure requirements except the examination requirement. The temporary license is valid until the results of the next scheduled examination are available and a license is issued or denied. The temporary license automatically expires if the applicant fails to take the next scheduled examination, or upon release of official examination results if the applicant fails the examination.
B. The board may issue a temporary license to a person licensed in another state or country who:
(1) is in New Mexico temporarily to teach or assist a New Mexico resident licensed to practice genetic counseling; or
(2) met the requirements for licensure in that state, which were equal to or greater than the requirements for licensure in New Mexico at the time the license was obtained in the other state.
C. The board shall not issue a temporary license to a person who qualifies for the temporary license under Subsection A of this section more than three consecutive times within the three-year period immediately following the issuance of the first temporary license.
D. A person practicing genetic counseling under a temporary license shall be supervised by a licensed genetic counselor or physician.
Section 9. [NEW MATERIAL] FEES.--The board shall establish a schedule of reasonable administrative and licensing fees, but an individual fee shall not exceed four hundred dollars ($400).
Section 10. [NEW MATERIAL] DISCIPLINARY PROCEEDINGS--JUDICIAL REVIEW--APPLICATION OF UNIFORM LICENSING ACT.--
A. In accordance with the procedures contained in the Uniform Licensing Act, the board may deny, revoke or suspend a license held or applied for under the Genetic Counseling Act upon findings by the board that the licensee or applicant:
(1) is guilty of fraud or deceit in procuring or attempting to procure a license;
(2) has been convicted of a felony. A certified copy of the record of conviction shall be conclusive evidence of conviction;
(3) is guilty of incompetence as defined by board rule;
(4) is habitually intemperate, is addicted to the use of habit-forming drugs or is addicted to any vice to such a degree as to render the licensee or applicant unfit to practice as a genetic counselor;
(5) is guilty of unprofessional conduct as defined by board rule;
(6) is guilty of violating the provisions of the Controlled Substances Act;
(7) has violated a provision of the Genetic Counseling Act or rules promulgated by the board;
(8) is guilty of failing to furnish the board, its investigators or its representatives with information requested by the board;
(9) is guilty of willfully or negligently practicing beyond the scope of genetic counseling as defined in the Genetic Counseling Act;
(10) is guilty of failing to adequately supervise a sponsored temporary licensee;
(11) is guilty of aiding or abetting the practice of genetic counseling by a person not licensed by the board;
(12) is guilty of practicing or attempting to practice under an assumed name;
(13) advertises by means of knowingly false statements;
(14) advertises or attempts to attract patronage in a manner prohibited by the Genetic Counseling Act or the rules of the board;
(15) has been declared mentally incompetent by regularly constituted authorities;
(16) fails, when counseling a patient, to possess or apply the knowledge or to use the skill and care ordinarily used by reasonably well-qualified genetic counselors practicing under similar circumstances, giving due consideration to the locality involved; or
(17) has had a license, certificate or registration to practice genetic counseling revoked, suspended or denied in any jurisdiction of the United States or a foreign country for actions of the licensee similar to acts described in Paragraphs (1) through (16) of this subsection. A certified copy of the record of the jurisdiction taking disciplinary action is conclusive evidence of the revocation, suspension or denial of a license, certificate or registration.
B. Disciplinary proceedings may be instituted by any person and shall be by sworn complaint and shall conform with the provisions of the Uniform Licensing Act. A party to the hearing may obtain a copy of the hearing record upon payment of the costs of the copy.
C. A person filing a sworn complaint shall be immune from liability arising out of civil action if the complaint is filed in good faith and without actual malice.
D. The licensee shall bear the costs of disciplinary proceedings unless exonerated.
Section 11. [NEW MATERIAL] FUND CREATED.--
A. There is created in the state treasury the "genetic counseling fund".
B. Money received by the board pursuant to the Genetic Counseling Act shall be deposited with the state treasurer for credit to the genetic counseling fund. The state treasurer shall invest the fund as other state funds are invested. All balances in the fund shall remain in the fund and shall not revert. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the superintendent of regulation and licensing.
C. Money in the genetic counseling fund is appropriated to the board and shall be used only for the purpose of meeting the necessary expenses incurred in carrying out the provisions of the Genetic Counseling Act.
Section 12. [NEW MATERIAL] CRIMINAL OFFENDER EMPLOYMENT ACT.--The provisions of the Criminal Offender Employment Act shall govern any consideration of criminal records required or permitted by the Genetic Counseling Act.
Section 13. Section 61-6-5 NMSA 1978 (being Laws 1973, Chapter 361, Section 2, as amended) is amended to read:
"61-6-5. DUTIES AND POWERS.--The board shall:
A. enforce and administer the provisions of the Medical Practice Act, the Physician Assistant Act, the Anesthesiologist Assistants Act, the Genetic Counseling Act and the Impaired Health Care Provider Act;
B. adopt, publish and file, in accordance with the Uniform Licensing Act and the State Rules Act, all rules for the implementation and enforcement of the provisions of the Medical Practice Act, the Physician Assistant Act, the Anesthesiologist Assistants Act, the Genetic Counseling Act and the Impaired Health Care Provider Act;
C. adopt and use a seal;
D. administer oaths to all applicants, witnesses and others appearing before the board, as appropriate;
E. take testimony on matters within the board's jurisdiction;
F. keep an accurate record of all its meetings, receipts and disbursements;
G. maintain records in which the name, address and license number of all licensees shall be recorded, together with a record of all license renewals, suspensions, revocations, probations, stipulations, censures, reprimands and fines;
H. grant, deny, review, suspend and revoke licenses to practice medicine and censure, reprimand, fine and place on probation and stipulation licensees and applicants in accordance with the Uniform Licensing Act for any cause stated in the Medical Practice Act and the Impaired Health Care Provider Act;
I. hire staff and administrators as necessary to carry out the provisions of the Medical Practice Act;
J. have the authority to hire or contract with investigators to investigate possible violations of the Medical Practice Act;
K. have the authority to hire a competent attorney to give advice and counsel in regard to any matter connected with the duties of the board, to represent the board in any legal proceedings and to aid in the enforcement of the laws in relation to the medical profession and to fix the compensation to be paid to such attorney; provided, however, that such attorney shall be compensated from the funds of the board;
L. establish continuing medical education requirements for licensed physicians and continuing education requirements for physician assistants;
M. establish committees as it deems necessary for carrying on its business;
N. hire or contract with a licensed physician to serve as medical director and fulfill specified duties of the secretary-treasurer; and
O. establish and maintain rules related to the management of pain based on review of national standards for pain management."
Section 14. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.
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