Existing law provides for the licensure and regulation of physicians, physician assistants, anesthesiologist assistants, perfusionists and practitioners of respiratory care by the Board of Medical Examiners. (Chapter 630 of NRS) This bill additionally provides for the licensure and regulation of genetic counselors by the Board. Sections 4-5.6 of this bill define certain terms, and section 14 of this bill establishes the applicability of those definitions. Section 40 of this bill makes it a felony for a person to practice genetic counseling or hold himself or herself out as a genetic counselor without a license. Section 7 of this bill prescribes the requirements to obtain such a license, including obtaining certain education, passing certain examinations and obtaining certification from the American Board of Genetic Counseling. Section 8 of this bill authorizes the Board to issue a temporary license under which a person who has obtained the required education but has not yet passed the required examination or obtained the required certification may engage in the supervised practice of genetic counseling. Section 6 of this bill requires the Board to adopt certain other regulations regarding the licensure and practice of genetic counselors. Section 9 of this bill authorizes certain unlicensed persons to provide assistance or consulting services related to genetic counseling, and section 16 of this bill exempts a genetic counselor of the Federal Government and permitted practitioners of other healing arts who are authorized to provide genetic counseling from licensure and regulation by the Board. Section 9 also authorizes a physician or a physician assistant to engage in genetic counseling as part of his or her practice without obtaining a license as a genetic counselor. Section 10 of this bill prescribes the date on which a license as a genetic counselor expires and the requirements to renew such a license. Section 23 of this bill prescribes the maximum fees that the Board may charge for the issuance or renewal of a license or a temporary license as a genetic counselor. Section 11 of this bill prescribes the procedure for the voluntary surrender of such a license. Section 12 of this bill prescribes the grounds for disciplinary action against a genetic counselor. Sections 24, 25 and 27 of this bill apply to genetic counselors the existing process for the filing of a complaint with the Board concerning a licensee or notifying the Board of certain actions taken against a licensee. Sections 26, 28-33, 36 and 38 of this bill apply to genetic counselors: (1) existing procedures for the investigation of complaints and the imposition of disciplinary action against licensees; and (2) certain other existing procedures to address incompetence or misconduct by a licensee. Section 34 of this bill applies to genetic counselors the existing procedure to remove limitations that the Board has placed on a license or to restore a revoked license. Sections 36, 37, 39 and 40 of this bill authorize or require the Board to take certain actions against a person who is practicing genetic counseling or holding himself or herself out as a genetic counselor without a license. Sections 13, 15 and 19-21 of this bill make various conforming changes so that genetic counselors are treated similarly to other providers of health care licensed by the Board for certain purposes related to licensure and regulation. Section 17 of this bill deems any act that constitutes the practice of genetic counseling to occur where the patient is located at the time the act is performed. Section 5.9 of this bill requires the Board to appoint the Genetic Counseling Advisory Council to advise the Board concerning the regulation of genetic counseling until January 1, 2031. After that date, section 18 of this bill authorizes the Board to select genetic counselors to serve as advisory members of the Board. Sections 22 and 35 of this bill subject genetic counselors to certain provisions required by federal law for the enforcement of child support obligations. (42 U.S.C. § 666) Existing law defines the term “provider of health care” to mean a person who practices any of certain professions related to the provision of health care. (NRS 629.031) Existing law imposes certain requirements upon providers of health care, including requirements for billing, standards for advertisements and criminal penalties for acquiring certain debts. (NRS 629.071, 629.076, 629.078) Section 1 of this bill includes genetic counselors in the definition of “provider of health care,” thereby subjecting genetic counselors to those same requirements. Section 42 of this bill requires a genetic counselor to report misconduct by a person licensed or certified by the State Board of Nursing to the Executive Director of that Board. Existing law establishes a privilege for confidential communications between a patient and a physician, dentist or chiropractor or person participating in the diagnosis or treatment of the patient under the direction of such a provider. (NRS 49.215-49.245) Section 48 of this bill extends that same privilege to apply to confidential communications between a patient and a genetic counselor or a person under the direction of a genetic counselor. Existing law provides that: (1) assault is generally a misdemeanor, with certain exceptions; and (2) assault upon a provider of health care is a gross misdemeanor or felony, depending on the circumstances. (NRS 200.471) Section 51 of this bill includes a genetic counselor within the definition of “provider of health care” for that purpose, thereby making assault upon a genetic counselor a gross misdemeanor or felony, depending on the circumstances. Section 52 of this bill requires a genetic counselor to report the abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person or the abuse or neglect of a child in the same manner as other providers of health care. A genetic counselor would also be required to report the abuse, neglect or commercial sexual exploitation of a child. (NRS 432B.220, 432C.110) Sections 41, 43 and 44 of this bill provide that a genetic counselor acting within his or her scope of practice is not violating provisions governing certain other providers of health care. Sections 2, 45-47, 49, 50 and 53-59 of this bill make revisions to treat genetic counselors in the same manner as other similar providers of health care in other certain respects.

Statutes affected:
As Introduced: 629.031, 629.580, 630.003, 630.005, 630.045, 630.047, 630.049, 630.075, 630.120, 630.137, 630.167, 630.197, 630.268, 630.3067, 630.3068, 630.3069, 630.307, 630.309, 630.318, 630.326, 630.329, 630.336, 630.346, 630.358, 630.366, 630.388, 630.390, 630.395, 630.397, 630.400, 630A.090, 632.472, 633.171, 640E.090, 7.095, 41A.017, 42.021, 49.215, 52.320, 89.050, 200.471, 200.5093, 202.2491, 226.454, 288.140, 439A.0195, 598A.360, 685B.120, 686A.2825
Reprint 1: 629.031, 629.580, 630.003, 630.005, 630.045, 630.047, 630.049, 630.075, 630.120, 630.137, 630.167, 630.197, 630.268, 630.3067, 630.3068, 630.3069, 630.307, 630.309, 630.318, 630.326, 630.329, 630.336, 630.346, 630.358, 630.366, 630.388, 630.390, 630.395, 630.397, 630.400, 630A.090, 632.472, 633.171, 640E.090, 7.095, 41A.017, 42.021, 49.215, 52.320, 89.050, 200.471, 200.5093, 202.2491, 226.454, 288.140, 439A.0195, 598A.360, 685B.120, 686A.2825
As Enrolled: 629.031, 629.580, 630.003, 630.005, 630.045, 630.047, 630.049, 630.075, 630.120, 630.137, 630.167, 630.197, 630.268, 630.3067, 630.3068, 630.3069, 630.307, 630.309, 630.318, 630.326, 630.329, 630.336, 630.346, 630.358, 630.366, 630.388, 630.390, 630.395, 630.397, 630.400, 630A.090, 632.472, 633.171, 640E.090, 7.095, 41A.017, 42.021, 49.215, 52.320, 89.050, 200.471, 200.5093, 202.2491, 226.454, 288.140, 439A.0195, 598A.360, 685B.120, 686A.2825
BDR: 629.031, 629.580, 630.003, 630.005, 630.045, 630.047, 630.049, 630.075, 630.120, 630.137, 630.167, 630.197, 630.268, 630.3067, 630.3068, 630.3069, 630.307, 630.309, 630.318, 630.326, 630.329, 630.336, 630.346, 630.358, 630.366, 630.388, 630.390, 630.395, 630.397, 630.400, 630A.090, 632.472, 633.171, 640E.090, 7.095, 41A.017, 42.021, 49.215, 52.320, 89.050, 200.471, 200.5093, 202.2491, 226.454, 288.140, 439A.0195, 598A.360, 685B.120, 686A.2825