Senate Bill sb2222

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    Florida Senate - 2003                                  SB 2222

    By Senator Cowin





    20-1204-03                                              See HB

  1                      A bill to be entitled

  2         An act relating to genetic counselors; creating

  3         part XV of ch. 468, F.S., the "Genetic

  4         Counseling Practice Act"; providing a popular

  5         name; providing legislative purpose and intent;

  6         providing definitions; requiring licensure to

  7         practice genetic counseling; providing

  8         exemptions; creating the Board of Genetic

  9         Counselors and providing for appointment and

10         staggering of terms of its members; providing

11         rulemaking authority; providing licensure

12         requirements; providing for biennial renewal of

13         licensure; providing for continuing education;

14         providing fees; prohibiting certain acts;

15         providing penalties; providing grounds for

16         disciplinary action; providing for denial of

17         licensure or imposition of other disciplinary

18         actions authorized by law; providing an

19         effective date.

20  

21  Be It Enacted by the Legislature of the State of Florida:

22  

23         Section 1.  Part XV of chapter 468, Florida Statutes,

24  consisting of sections 468.901, 468.902, 468.903, 468.904,

25  468.905, 468.906, 468.907, 468.908, 468.909, 468.911, 468.912,

26  and 468.913, Florida Statutes, is created to read:

27                             PART XV

28                        GENETIC COUNSELORS

29         468.901  Popular name.--This part may be known by the

30  popular name the "Genetic Counseling Practice Act."

31  

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    Florida Senate - 2003                                  SB 2222
    20-1204-03                                              See HB




 1         468.902  Purpose and intent.--The sole legislative

 2  purpose in enacting this part is to ensure that every genetic

 3  counselor practicing in this state meets minimum requirements

 4  for safe practice.  It is the legislative intent that genetic

 5  counselors who fall below minimum competency or who otherwise

 6  present a danger to the public shall be prohibited from

 7  practicing in this state.  Nothing in this part shall be

 8  construed to require payment from insurers for genetic

 9  counseling services.

10         468.903  Definitions.--As used in this part, the term:

11         (1)  "Board" means the Board of Genetic Counselors.

12         (2)  "Department" means the Department of Health.

13         (3)  "Genetic counselor" means a person licensed under

14  this part to practice genetic counseling.

15         (4)  "Practice of genetic counseling" means, for

16  remuneration, the communication process that deals with the

17  human problems associated with the occurrence, or the risk of

18  occurrence, of a genetic disorder in a family, including the

19  provision of services to help an individual or family:

20         (a)  Comprehend the medical facts, including the

21  diagnosis, the probable cause of the disorder, and the

22  available management of the disorder.

23         (b)  Appreciate the way heredity contributes to the

24  disorder and the risk of occurrence in specified relatives.

25         (c)  Understand the alternatives for dealing with the

26  risk of occurrence.

27         (d)  Choose the course of action which seems

28  appropriate to them in view of their risk, their family goals,

29  and their ethical and religious standards, and to act in

30  accordance with that decision.

31  

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    Florida Senate - 2003                                  SB 2222
    20-1204-03                                              See HB




 1         (e)  Make the best possible psychosocial adjustment to

 2  the disorder in an affected family member or to the risk of

 3  occurrence of that disorder.

 4         468.904  License required.--No person shall practice

 5  genetic counseling or hold himself or herself out as a genetic

 6  counselor or as being able to practice genetic counseling or

 7  to render genetic counseling services in the state unless he

 8  or she is licensed in accordance with the provisions of this

 9  part.

10         468.905  Exemptions.--This part does not apply to:

11         (1)  An individual licensed as a physician under

12  chapter 458 or chapter 459, acting in the authorized scope of

13  the physician's practice.

14         (2)  Commissioned medical officers of the Armed Forces

15  of the United States and of the Public Health Service of the

16  United States while on active duty and while acting within the

17  scope of their military or public health responsibilities.

18         468.906  Board of Genetic Counselors.--

19         (1)  The Board of Genetic Counselors is created within

20  the department and shall consist of seven members, to be

21  appointed by the Governor and confirmed by the Senate.

22         (2)  Five members of the board must be licensed genetic

23  counselors who are residents of the state.  The remaining two

24  members must be residents of the state who are not, and have

25  never been, licensed as genetic counselors or members of any

26  closely related profession.

27         (3)(a)  For the purpose of staggering terms, the

28  Governor shall appoint the initial members of the board as

29  follows:

30         1.  Two licensee members and one consumer member for

31  terms of 2 years each.

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    Florida Senate - 2003                                  SB 2222
    20-1204-03                                              See HB




 1         2.  Two licensee members and one consumer member for

 2  terms of 3 years each.

 3         3.  One licensee member for a term of 4 years.

 4         (b)  As the terms of the members expire, the Governor

 5  shall appoint successors for terms of 4 years, and such

 6  members shall serve until their successors are appointed.

 7         (4)  All provisions of chapter 456 relating to the

 8  board shall apply.

 9         468.907  Authority to adopt rules.--The board shall

10  adopt rules pursuant to ss. 120.536(1) and 120.54 to implement

11  the provisions of this part conferring duties on it, including

12  rules relating to standards of practice for genetic

13  counselors.

14         468.908  Licensure requirements; temporary license.--

15         (1)  Any person desiring to be licensed as a genetic

16  counselor under this part must apply to the department on a

17  form approved by the department.

18         (2)  The department shall license each applicant who:

19         (a)  Has completed the application form and remitted

20  the required fees.

21         (b)  Is of good moral character.

22         (c)  Provides satisfactory documentation of having

23  earned:

24         1.  A master's degree from a genetic counseling

25  training program or an equivalent program as determined by the

26  American Board of Genetic Counseling; or

27         2.  A doctoral degree from a medical genetics training

28  program that is accredited by the American Board of Medical

29  Genetics.

30         (d)  Has passed the examination for certification as:

31  

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    Florida Senate - 2003                                  SB 2222
    20-1204-03                                              See HB




 1         1.  A genetic counselor by the American Board of

 2  Genetic Counseling or the American Board of Medical Genetics;

 3  or

 4         2.  A medical or clinical geneticist by the American

 5  Board of Medical Genetics.

 6         (3)  The department may issue a temporary license to an

 7  applicant who meets all of the requirements for licensure

 8  except the examination requirement in this section and has

 9  obtained active candidate status establishing eligibility to

10  sit for the next available certification exam administered by

11  the American Board of Genetic Counseling.

12         468.909  Renewal of license; continuing education.--

13         (1)  The department shall renew a license upon receipt

14  of the renewal application and fee.

15         (2)  The board shall adopt rules establishing a

16  procedure for the biennial renewal of licenses under this

17  part.

18         (3)  The board may by rule prescribe continuing

19  education requirements and approve course criteria, not to

20  exceed 30 hours biennially, as a condition for license

21  renewal.  The board shall establish a procedure for approving

22  continuing education courses, and providers and may set a fee

23  for continuing education courses and provider approval.

24         468.911  Fees.--

25         (1)  The board shall by rule establish fees for the

26  following purposes:

27         (a)  An application fee, not to exceed $100.

28         (b)  An initial licensure fee, not to exceed $200.

29         (c)  A biennial renewal fee, not to exceed $200.

30         (d)  An inactive fee, not to exceed $100.

31         (e)  A delinquent fee, not to exceed $100.

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    Florida Senate - 2003                                  SB 2222
    20-1204-03                                              See HB




 1         (f)  A reactivation fee, not to exceed $100.

 2         (g)  A voluntary inactive fee, not to exceed $100.

 3         (2)  The board shall establish fees at a level, not to

 4  exceed the statutory fee cap, which is adequate to ensure the

 5  continued operation of the regulatory program under this

 6  part.  The board shall neither set nor maintain the fees at a

 7  level that will substantially exceed this need.

 8         468.912  Prohibitions; penalties.--

 9         (1)  A person may not:

10         (a)  Make a false or fraudulent statement in any

11  application, affidavit, or statement presented to the board or

12  in any proceeding before the board.

13         (b)  Practice genetic counseling without a license

14  issued under this part unless exempt from licensure under this

15  part.

16         (c)  Use the title "genetic counselor" or any other

17  title or designation tending to indicate that the person is a

18  genetic counselor or is otherwise authorized to practice

19  genetic counseling unless that person has a current license as

20  a genetic counselor issued under this part or is exempt from

21  licensure under this part.

22         (2)  A person who violates any provision of this

23  section commits a misdemeanor of the second degree, punishable

24  as provided in s. 775.082 or s. 775.083.

25         468.913  Grounds for disciplinary action.--

26         (1)  The following acts constitute grounds for denial

27  of a license or disciplinary action, as specified in s.

28  456.072(2):

29         (a)  Attempting to procure a license by fraudulent

30  misrepresentation.

31  

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    Florida Senate - 2003                                  SB 2222
    20-1204-03                                              See HB




 1         (b)  Having a license to practice genetic counseling

 2  revoked, suspended, or otherwise acted against, including the

 3  denial of licensure in another jurisdiction.

 4         (c)  Being convicted or found guilty of or pleading

 5  nolo contendere to, regardless of adjudication, in any

 6  jurisdiction, a crime that directly relates to the practice of

 7  genetic counseling, including violations of federal laws or

 8  regulations regarding genetic counseling.

 9         (d)  Filing a report or record that the licensee knows

10  is false, intentionally or negligently failing to file a

11  report or record required by state or federal law, willfully

12  impeding or obstructing such filing, or inducing another

13  person to impede or obstruct such filing.  Such reports or

14  records include only reports or records that are signed in a

15  person's capacity as a licensee under this act.

16         (e)  Advertising goods or services in a fraudulent,

17  false, deceptive, or misleading manner.

18         (f)  Violation of an order of the board or department

19  previously entered in a disciplinary hearing or failure to

20  comply with a subpoena issued by the board or the department.

21         (g)  Practicing with a revoked, suspended, or inactive

22  license.

23         (h)  Gross or repeated malpractice or the failure to

24  deliver genetic counseling services with that level of care

25  and skill which is recognized by a reasonably prudent licensed

26  practitioner with similar professional training as being

27  acceptable under similar conditions and circumstances.

28         (i)  Unprofessional conduct, which shall include, but

29  not be limited to, any departure from, or the failure to

30  conform to, the minimum standards of acceptable and prevailing

31  

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    Florida Senate - 2003                                  SB 2222
    20-1204-03                                              See HB




 1  genetic counseling practice as set forth by the board in rules

 2  adopted pursuant to this part, including:

 3         1.  Engaging in any act or practice in a professional

 4  capacity which the licensee is not competent to perform

 5  through training or experience.

 6         2.  Failing to refer a client to other competent

 7  professionals when the licensee is unable or unwilling to

 8  adequately support or serve the client.

 9         3.  Failing to maintain the confidentiality of any

10  information received from a client, unless released by the

11  client or otherwise authorized or required by law.

12         4.  Exploiting a client for personal advantage, profit,

13  or interest.

14         (j)  Violating any provision of this part or chapter

15  456, or any rules adopted pursuant thereto.

16         (2)  The board may enter an order denying licensure or

17  imposing any of the penalties in s. 456.072(2) against any

18  applicant for licensure or licensee who is found guilty of

19  violating any provision of subsection (1) or who is found

20  guilty of violating any provision of s. 456.072(1).

21         Section 2.  This act shall take effect July 1, 2003.

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