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First Substitute S.B. 59
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5 This act modifies the Occupations and Professions Code by enacting the Genetic Counselors
6 Licensing Act. The act defines the practice of genetic counseling and requires a license to
7 practice genetic counseling within the state. The act creates the Genetic Counselors
8 Licensing Board. The act sets forth the requirements for licensure. The act provides for
9 exemptions from licensure. The act defines unlawful and unprofessional conduct and
10 provides for discipline against licensees.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 ENACTS:
13 58-75-101, Utah Code Annotated 1953
14 58-75-102, Utah Code Annotated 1953
15 58-75-201, Utah Code Annotated 1953
16 58-75-301, Utah Code Annotated 1953
17 58-75-302, Utah Code Annotated 1953
18 58-75-303, Utah Code Annotated 1953
19 58-75-304, Utah Code Annotated 1953
20 58-75-401, Utah Code Annotated 1953
21 58-75-501, Utah Code Annotated 1953
22 58-75-502, Utah Code Annotated 1953
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 58-75-101 is enacted to read:
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27 58-75-101. Title.
28 This chapter is known as the "Genetic Counselors Licensing Act."
29 Section 2. Section 58-75-102 is enacted to read:
30 58-75-102. Definitions.
31 In addition to the definitions in Section 58-1-102 , as used in this chapter:
32 (1) "Board" means the Genetic Counselors Licensing Board created in Section 58-75-201 .
33 (2) "Genetic counselor" means a person licensed under this chapter to engage in the
34 practice of genetic counseling.
35 (3) "Practice of genetic counseling" means the communication process which deals with
36 the human problems associated with the occurrence, or the risk of occurrence, of a genetic disorder
37 in a family, including the provision of services to help an individual or family:
38 (a) comprehend the medical facts, including the diagnosis, probable cause of the disorder,
39 and the available management;
40 (b) appreciate the way heredity contributes to the disorder and the risk of occurrence in
41 specified relatives;
42 (c) understand the alternatives for dealing with the risk of occurrence;
43 (d) choose the course of action which seems appropriate to them in view of their risk, their
44 family goals, and their ethical and religious standards, and to act in accordance with that decision;
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46 (e) make the best possible psychosocial adjustment to the disorder in an affected family
47 member or to the risk of occurrence of that disorder.
48 (4) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-75-501 .
49 (5) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-75-502 and as may
50 be further defined by rule by the division in accordance with Title 63, Chapter 46a, Utah
51 Administrative Rulemaking Act.
52 Section 3. Section 58-75-201 is enacted to read:
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54 58-75-201. Board.
55 (1) There is created the Genetic Counselors Licensing Board consisting of four persons
56 licensed in accordance with this chapter and one member of the general public.
57 (2) The board shall be appointed and serve in accordance with Section 58-1-201 .
58 (3) The duties and responsibilities of the board shall be in accordance with Sections
59 58-1-202 and 58-1-203 . In addition, the board may designate one of its members on a permanent
60 or rotating basis to:
61 (a) assist the division in reviewing complaints concerning the unlawful or unprofessional
62 conduct of a licensee; and
63 (b) advise the division in its investigation of these complaints.
64 (4) A board member who has, under Subsection (3), reviewed a complaint or advised in
65 its investigation may be disqualified from participating with the board when the board serves as
66 a presiding officer of an administrative proceeding concerning the complaint.
67 Section 4. Section 58-75-301 is enacted to read:
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69 58-75-301. Licensure required.
70 (1) Beginning January 1, 2002, and except as provided in Sections 58-1-307 and
71 58-75-304 , a license is required to engage in the practice of genetic counseling.
72 (2) The division shall issue to any person who qualifies under this chapter a license to
73 practice genetic counseling.
74 (3) Nothing in this chapter shall be construed to require payment from insurers for genetic
75 counseling services.
76 Section 5. Section 58-75-302 is enacted to read:
77 58-75-302. Qualifications for licensure -- Temporary license.
78 (1) Except as provided in Subsection (2), each applicant for licensure as a genetic
79 counselor under this chapter shall:
80 (a) submit an application in a form prescribed by the division;
81 (b) pay a fee determined by the department under Section 63-38-3.2 ;
82 (c) be of good moral character;
83 (d) provide satisfactory documentation of having earned:
84 (i) a Master's degree from a genetic counseling training program that is accredited by the
85 American Board of Genetic Counseling; or
86 (ii) a Doctoral degree from a medical genetics training program that is accredited by the
87 American Board of Medical Genetics; and
88 (e) meet the examination requirement for certification as:
89 (i) a genetic counselor by the American Board of Genetic Counseling or the American
90 Board of Medical Genetics; or
91 (ii) a medical geneticist by the American Board of Medical Genetics.
92 (2) The division may issue a temporary license, in accordance with Section 58-1-303 and
93 any other conditions established by rule, to an applicant who meets all of the requirements for
94 licensure except the examination requirement of Subsection (1)(e).
95 Section 6. Section 58-75-303 is enacted to read:
96 58-75-303. Term of license -- Expiration -- Renewal.
97 (1) The division shall issue each license under this chapter in accordance with a two-year
98 renewal cycle established by rule. The division may by rule extend or shorten a renewal cycle by
99 as much as one year to stagger the renewal cycles it administers.
100 (2) Each licensee shall, at the time of applying for renewal, demonstrate compliance with
101 continuing education requirements established by rule by the division in collaboration with the
102 board.
103 (3) Each license automatically expires on the expiration date shown on the license unless
104 the licensee renews it in accordance with Section 58-1-308 .
105 Section 7. Section 58-75-304 is enacted to read:
106 58-75-304. Exemptions from licensure.
107 In addition to the exemptions from licensure set forth in Section 58-1-307 , the following
108 persons may engage in the practice of genetic counseling subject to the stated circumstances and
109 limitations without being licensed under this chapter:
110 (1) an individual licensed as a physician and surgeon or osteopathic physician and surgeon
111 under Chapter 67, Utah Medical Practice Act, and Chapter 68, Utah Osteopathic Medical Practice
112 Act; and
113 (2) a commissioned physician or surgeon serving in the armed forces of the United States
114 or other federal agency.
115 Section 8. Section 58-75-401 is enacted to read:
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117 58-75-401. Grounds for denial of license -- Disciplinary proceedings.
118 Grounds for refusing to issue a license to an applicant, for refusing to renew the license of
119 a licensee, for revoking, suspending, restricting, or placing on probation the license of a licensee,
120 for issuing a public or private reprimand to a licensee, and for issuing a cease and desist order shall
121 be in accordance with Section 58-1-401 .
122 Section 9. Section 58-75-501 is enacted to read:
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124 58-75-501. Unlawful conduct.
125 "Unlawful conduct" includes, in addition to the definition in Section 58-1-501 , using the
126 title "genetic counselor" or any other title or designation tending to indicate that the person is a
127 genetic counselor unless that person has a current license as a genetic counselor issued under this
128 chapter.
129 Section 10. Section 58-75-502 is enacted to read:
130 58-75-502. Unprofessional conduct.
131 "Unprofessional conduct" includes, in addition to the definition in Section 58-1-501 and
132 as may be further defined by rule:
133 (1) engaging in any act or practice in a professional capacity which the licensee is not
134 competent to perform through training or experience;
135 (2) failing to refer a client to other competent professionals when the licensee is unable
136 or unwilling to adequately support or serve the client;
137 (3) failing to maintain the confidentiality of any information received from a client, unless
138 released by the client or otherwise authorized or required by law; and
139 (4) exploiting a client for personal advantage, profit, or interest.
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