Bill Summary – FastDemocracy

HOUSE . . . . . . . . No. 4238
        The Commonwealth of Massachusetts
                    ________________________________________
                  HOUSE OF REPRESENTATIVES, November 8, 2021.
   The committee on Consumer Protection and Professional Licensure to
whom was referred the petition (accompanied by bill, House, No. 325) of
Tackey Chan relative to genetic counselors, reports recommending that the
accompanying bill (House, No. 4238) ought to pass.
                            For the committee,
                                                               TACKEY CHAN.
                                                      FILED ON: 11/4/2021
      HOUSE . . . . . . . . . . . . . . . No. 4238
                                The Commonwealth of Massachusetts
                                                      _______________
                                    In the One Hundred and Ninety-Second General Court
                                                        (2021-2022)
                                                      _______________
     An Act relative to genetic counselors.
              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
     of the same, as follows:
         SECTION 1. Chapter 112 of the General Laws, as appearing in the 2018 Official Edition,
  is hereby amended by striking out section 252, and inserting in place thereof the following
 section:-
         Section 252. As used in sections 252 to 258, inclusive, the following words, shall unless
 the context requires otherwise, have the following meanings:-
         "ABGC'', the American Board of Genetic Counseling, a national agency for certification
 and recertification of genetic counselors or its successor agency.
         "ABMGG", American Board of Medical Genetics and Genomics, a national agency for
 certification and recertification of genetic counselors, MD geneticists and PhD geneticists or its
 successor agency.
         "ACGC", Accreditation Council for Genetic Counseling, a national agency for
 accreditation of genetic counselor training programs or its successor agency.
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        “Active Candidate Status” is bestowed upon an individual who meets the requirements to
 sit for the ABGC genetic counselor certification exam.
        "Board'', the board of registration of genetic counselors.
        "General supervision'', a supervisor, whether a licensed genetic counselor or MD, who
 has the overall responsibility to assess the work of a provisional licensed genetic counselor,
 including regular meetings and chart review; provided, however, that an annual supervision
 contract signed by the supervisor and supervisee shall be on file with both parties.
        "Licensed genetic counselor'', a person licensed under section 105 of chapter 13 to
 engage in the practice of genetic counseling.
        "Practice of genetic counseling'', a communication process, conducted by 1 or more
 appropriately trained individuals, that may include:
        (a) obtaining and evaluating individual, family, and medical histories to determine
 genetic risk for genetic-medical conditions and diseases in a patient, their offspring, and other
 family members;
        (b) discussing the features, natural history, means of diagnosis, genetic and
 environmental factors, and management of risk for genetic-medical conditions and diseases;
        (c) identifying, ordering, and coordinating genetic laboratory tests and other diagnostic
 studies as appropriate for the genetic assessment;
        (d) integrating genetic laboratory test results and other diagnostic studies with personal
 and family medical history to assess and communicate risk factors for genetic-medical conditions
 and diseases;
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         (e) explaining the clinical implications of genetic laboratory tests and other diagnostic
 studies and their results;
         (f) evaluating the client's or family's responses to the condition or risk of recurrence and
 provide client-centered counseling and anticipatory guidance;
         (g) identifying and utilizing community resources that provide medical, educational,
 financial, and psychosocial support and advocacy;
         (h) providing written documentation of medical, genetic, and counseling information for
 families and health care professionals; or
         (i) any other criteria the board deems appropriate and consistent with provisions above.
         "Provisional licensed genetic counselor", a person with a provisional license issued
 under section 255.
         SECTION 2. Said chapter 112, as so appearing, is hereby further amended by striking out
 sections 254 through 257, inclusive, and inserting in place thereof the following 4 new sections:-
         Section 254. An applicant for registration as a genetic counselor shall have:
         (a) earned a master’s degree from a genetic counseling training program that is accredited
 by the ACGC or an equivalent as determined by the ACGC, or a doctoral degree from a medical
 genetics training program that is accredited by the ABMGG or an equivalent as determined by
 the ABMGG;
         (b) Successfully achieved ABGC certification by examination as a genetic counselor or
 the ABMGG certification examination as a Ph.D. medical geneticist; and
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        (c) completed such experience as my be required by the board; and provided further that
 the board shall require continuing education as a condition for license renewals.
        Section 255. A person who meets the qualifications for licensure as a genetic counselor,
 except certification and who has been granted Active Candidate Status by the ABGC, may apply
 to practice as a provisional licensed genetic counselor by filing an approved application with the
 board and payment of a fee to be determined by the secretary of administration and finance. The
 board may grant a provisional license to a person who successfully completes a genetic
 counseling education program approved by the board and is qualified to be admitted to the
 examination. Such license shall be valid for 2 years from the date of its issue and may be
 renewed for an additional 1 year as long as the applicant has active candidate status according to
 ACGC or if the applicant fails the first sitting of the ABMGG exam, as applicable. Such
 provisional license shall expire automatically upon the earliest of the following:
        (a) issuance of a full license; or
        (b) the date printed on the temporary license.
        An application for extension shall be signed by a supervising licensed genetic counselor.
 A provisional licensed genetic counselor shall be under the general supervision of a licensed
 genetic counselor or a licensed physician with current ABMGG certification in clinical genetics
 at all times during which the provisional licensed genetic counselor performs clinical genetic
 counseling. The board shall adopt rules governing such supervision and direction which may not
 require the immediate physical presence of the supervising licensed genetic counselor.
        Section 256. (a) The board shall examine applicants for certification as genetic
 counselors at such times and places as it may determine. The examination shall meet the
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 standards established by the ACGC. The examination shall test an applicant's knowledge of basic
 and clinical sciences as they relate to genetic counseling theory and practice and other subjects as
 the board may deem useful to determine the applicant's fitness to act as a genetic counselor. The
 board may utilize a national examination that meets the requirements of this section.
         (b) The board shall examine applicants for certification as Ph.D. medical geneticists at
 such times and places as it may determine. The examination shall meet the standards established
 by the ABMGG. The examination shall test an applicant's knowledge of basic and clinical
 sciences as they relate to genetic counseling theory and practice and other subjects as the board
 may deem useful to determine the applicant's fitness to act as a genetic counselor. The board may
 utilize a national examination that meets the requirements of this section.
         Section 257. No person shall hold himself out as a genetic counselor unless he is licensed
 in accordance with sections 255 or 256, or under section 105 of chapter 13. No person who is not
 so licensed may use in connection with his name or place of business, the title "genetic
 counselor'', "licensed genetic counselor'', "gene counselor'', "genetic consultant'', "genetic
 associate'' or any words, letters, abbreviations or insignia indicating or implying a person holds a
 genetic counseling license.
         Nothing in this section shall be construed to prevent or restrict the practice, service or
 activities of:
         (a) any person licensed, certified, or registered in the commonwealth, by any other statute
 other than as a genetic counselor from engaging in activities within the scope of practice of the
 profession or occupation for which he is licensed provided that he does not represent to the
 public, directly or indirectly, that he is licensed under sections 255 or 256, or under section 105
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 of chapter 13, and that he does not use any name, title or designation indicating that the person is
 licensed under those sections;
        (b) any person employed as a genetic counselor by the federal government or an agency
 thereof if such person provides genetic counseling services solely under the direction and control
 of the organization by which he is employed;
        (c) a student or intern enrolled in an approved genetic counseling education program if
 genetic counseling services performed by the student are an integral part of the student's course
 of study and are performed under the direct supervision of a licensed genetic counselor assigned
 to supervise the student and who is on duty and available in the assigned patient care area and if
 the person is designated by a title which clearly indicates his status as a student or intern;
        (d) an individual trained as a Ph.D. medical geneticist who is reapplying for the ABMGG
 certification examination and is gathering logbook cases under a supervisor identified in the
 training program's ABMGG accreditation documents as a member of the training faculty; and
        (e) visiting ABGC or ABMGG-certified genetic counselors from outside the
 commonwealth operating as consultants or the use of occasional services of organizations from
 outside the commonwealth employing ABGC or ABMGG-certified genetic counselors.
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