HB 1351 2003
1	A bill to be entitled
2	An act relating to genetic counselors; creating part XV of
3	ch. 468, F.S., the "Genetic Counseling Practice Act";
4	providing a popular name; providing legislative purpose
5	and intent; providing definitions; requiring licensure to
6	practice genetic counseling; providing exemptions;
7	creating the Board of Genetic Counselors and providing for
8	appointment and staggering of terms of its members;
9	providing rulemaking authority; providing licensure
10	requirements; providing for biennial renewal of licensure;
11	providing for continuing education; providing fees;
12	prohibiting certain acts; providing penalties; providing
13	grounds for disciplinary action; providing for denial of
14	licensure or imposition of other disciplinary actions
15	authorized by law; providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1. Part XV of chapter 468, Florida Statutes,
20	consisting of sections 468.901, 468.902, 468.903, 468.904,
21	468.905, 468.906, 468.907, 468.908, 468.909, 468.911, 468.912,
22	and 468.913, Florida Statutes is created to read:
23	PART XV
24	GENETIC COUNSELORS
25	468.901 Popular name.--This part may be known by the
26	popular name the "Genetic Counseling Practice Act."
27	468.902 Purpose and intent.--The sole legislative purpose
28	in enacting this part is to ensure that every genetic counselor
29	practicing in this state meets minimum requirements for safe
30	practice. It is the legislative intent that genetic counselors
31	who fall below minimum competency or who otherwise present a
32	danger to the public shall be prohibited from practicing in this
33	state. Nothing in this part shall be construed to require
34	payment from insurers for genetic counseling services.
35	468.903 Definitions.--As used in this part:
36	(1) "Board" means the Board of Genetic Counselors.
37	(2) "Department" means the Department of Health.
38	(3) "Genetic counselor" means a person licensed under this
39	part to practice genetic counseling.
40	(4) "Practice of genetic counseling" means, for
41	remuneration, the communication process that deals with the
42	human problems associated with the occurrence, or the risk of
43	occurrence, of a genetic disorder in a family, including the
44	provision of services to help an individual or family:
45	(a) Comprehend the medical facts, including the diagnosis,
46	the probable cause of the disorder, and the available management
47	of the disorder.
48	(b) Appreciate the way heredity contributes to the
49	disorder and the risk of occurrence in specified relatives.
50	(c) Understand the alternatives for dealing with the risk
51	of occurrence.
52	(d) Choose the course of action which seems appropriate to
53	them in view of their risk, their family goals, and their
54	ethical and religious standards, and to act in accordance with
55	that decision.
56	(e) Make the best possible psychosocial adjustment to the
57	disorder in an affected family member or to the risk of
58	occurrence of that disorder.
59	468.904 License required.--No person shall practice
60	genetic counseling or hold himself or herself out as a genetic
61	counselor or as being able to practice genetic counseling or to
62	render genetic counseling services in the state unless he or she
63	is licensed in accordance with the provisions of this part.
64	468.905 Exemptions.--This part does not apply to:
65	(1) An individual licensed as a physician under chapter
66	458 or chapter 459, acting in the authorized scope of the
67	physician’s practice.
68	(2) Commissioned medical officers of the Armed Forces of
69	the United States and of the Public Health Service of the United
70	States while on active duty and while acting within the scope of
71	their military or public health responsibilities.
72	468.906 Board of Genetic Counselors.--
73	(1) The Board of Genetic Counselors is created within the
74	department and shall consist of seven members, to be appointed
75	by the Governor and confirmed by the Senate.
76	(2) Five members of the board must be licensed genetic
77	counselors who are residents of the state. The remaining two
78	members must be residents of the state who are not, and have
79	never been, licensed as genetic counselors or members of any
80	closely related profession.
81	(3)(a) For the purpose of staggering terms, the Governor
82	shall appoint the initial members of the board as follows:
83	1. Two licensee members and one consumer member for terms
84	of 2 years each.
85	2. Two licensee members and one consumer member for terms
86	of 3 years each.
87	3. One licensee member for a term of 4 years.
88	(b) As the terms of the members expire, the Governor shall
89	appoint successors for terms of 4 years, and such members shall
90	serve until their successors are appointed.
91	(4) All provisions of chapter 456 relating to the board
92	shall apply.
93	468.907 Authority to adopt rules.--The board shall adopt
94	rules pursuant to ss. 120.536(1) and 120.54 to implement the
95	provisions of this part conferring duties on it, including rules
96	relating to standards of practice for genetic counselors.
97	468.908 Licensure requirements; temporary license.--
98	(1) Any person desiring to be licensed as a genetic
99	counselor under this part must apply to the department on a form
100	approved by the department.
101	(2) The department shall license each applicant who:
102	(a) Has completed the application form and remitted the
103	required fees.
104	(b) Is of good moral character.
105	(c) Provides satisfactory documentation of having earned:
106	1. A master's degree from a genetic counseling training
107	program or an equivalent program as determined by the American
108	Board of Genetic Counseling; or
109	2. A doctoral degree from a medical genetics training
110	program that is accredited by the American Board of Medical
111	Genetics.
112	(d) Has passed the examination for certification as:
113	1. A genetic counselor by the American Board of Genetic
114	Counseling or the American Board of Medical Genetics; or
115	2. A medical or clinical geneticist by the American Board
116	of Medical Genetics.
117	(3) The department may issue a temporary license to an
118	applicant who meets all of the requirements for licensure except
119	the examination requirement in this section and has obtained
120	active candidate status establishing eligibility to sit for the
121	next available certification exam administered by the American
122	Board of Genetic Counseling.
123	468.909 Renewal of license; continuing education.--
124	(1) The department shall renew a license upon receipt of
125	the renewal application and fee.
126	(2) The board shall adopt rules establishing a procedure
127	for the biennial renewal of licenses under this part.
128	(3) The board may by rule prescribe continuing education
129	requirements and approve course criteria, not to exceed 30 hours
130	biennially, as a condition for license renewal. The board shall
131	establish a procedure for approving continuing education
132	courses, and providers and may set a fee for continuing
133	education courses and provider approval.
134	468.911 Fees.--
135	(1) The board shall by rule establish fees for the
136	following purposes:
137	(a) An application fee, not to exceed $100.
138	(b) An initial licensure fee, not to exceed $200.
139	(c) A biennial renewal fee, not to exceed $200.
140	(d) An inactive fee, not to exceed $100.
141	(e) A delinquent fee, not to exceed $100.
142	(f) A reactivation fee, not to exceed $100.
143	(g) A voluntary inactive fee, not to exceed $100.
144	(2) The board shall establish fees at a level, not to
145	exceed the statutory fee cap, which is adequate to ensure the
146	continued operation of the regulatory program under this part.
147	The board shall neither set nor maintain the fees at a level
148	that will substantially exceed this need.
149	468.912 Prohibitions; penalties.--
150	(1) A person may not:
151	(a) Make a false or fraudulent statement in any
152	application, affidavit, or statement presented to the board or
153	in any proceeding before the board.
154	(b) Practice genetic counseling without a license issued
155	under this part unless exempt from licensure under this part.
156	(c) Use the title "genetic counselor" or any other title
157	or designation tending to indicate that the person is a genetic
158	counselor or is otherwise authorized to practice genetic
159	counseling unless that person has a current license as a genetic
160	counselor issued under this part or is exempt from licensure
161	under this part.
162	(2) A person who violates any provision of this section
163	commits a misdemeanor of the second degree, punishable as
164	provided in s. 775.082 or s. 775.083.
165	468.913 Grounds for disciplinary action.--
166	(1) The following acts constitute grounds for denial of a
167	license or disciplinary action, as specified in s. 456.072(2):
168	(a) Attempting to procure a license by fraudulent
169	misrepresentation.
170	(b) Having a license to practice genetic counseling
171	revoked, suspended, or otherwise acted against, including the
172	denial of licensure in another jurisdiction.
173	(c) Being convicted or found guilty of or pleading nolo
174	contendere to, regardless of adjudication, in any jurisdiction,
175	a crime that directly relates to the practice of genetic
176	counseling, including violations of federal laws or regulations
177	regarding genetic counseling.
178	(d) Filing a report or record that the licensee knows is
179	false, intentionally or negligently failing to file a report or
180	record required by state or federal law, willfully impeding or
181	obstructing such filing, or inducing another person to impede or
182	obstruct such filing. Such reports or records include only
183	reports or records that are signed in a person's capacity as a
184	licensee under this act.
185	(e) Advertising goods or services in a fraudulent, false,
186	deceptive, or misleading manner.
187	(f) Violation of an order of the board or department
188	previously entered in a disciplinary hearing or failure to
189	comply with a subpoena issued by the board or the department.
190	(g) Practicing with a revoked, suspended, or inactive
191	license.
192	(h) Gross or repeated malpractice or the failure to
193	deliver genetic counseling services with that level of care and
194	skill which is recognized by a reasonably prudent licensed
195	practitioner with similar professional training as being
196	acceptable under similar conditions and circumstances.
197	(i) Unprofessional conduct, which shall include, but not
198	be limited to, any departure from, or the failure to conform to,
199	the minimum standards of acceptable and prevailing genetic
200	counseling practice as set forth by the board in rules adopted
201	pursuant to this part, including:
202	1. Engaging in any act or practice in a professional
203	capacity which the licensee is not competent to perform through
204	training or experience.
205	2. Failing to refer a client to other competent
206	professionals when the licensee is unable or unwilling to
207	adequately support or serve the client.
208	3. Failing to maintain the confidentiality of any
209	information received from a client, unless released by the
210	client or otherwise authorized or required by law.
211	4. Exploiting a client for personal advantage, profit, or
212	interest.
213	(j) Violating any provision of this part or chapter 456,
214	or any rules adopted pursuant thereto.
215	(2) The board may enter an order denying licensure or
216	imposing any of the penalties in s. 456.072(2) against any
217	applicant for licensure or licensee who is found guilty of
218	violating any provision of subsection (1) or who is found guilty
219	of violating any provision of s. 456.072(1).
220	Section 2. This act shall take effect July 1, 2003.