HB 0479 2004
1	A bill to be entitled
2	An act relating to genetic counselors; creating pt. XV,
3	ch. 468, F.S., the "Genetic Counseling Practice Act";
4	providing a part title; providing legislative purpose and
5	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	requiring the board to adopt rules; 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; amending s. 20.43, F.S.; creating the
16	Board of Genetic Counselors within the Division of Medical
17	Quality Assurance in the Department of Health; amending s.
18	456.001, F.S.; redefining the term "health care
19	practitioner" to include persons licensed under pt. XV,
20	ch. 468, F.S.; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1. Part XV of chapter 468, Florida Statutes,
25	consisting of sections 468.901, 468.902, 468.903, 468.904,
26	468.905, 468.906, 468.907, 468.908, 468.909, 468.911, 468.912,
27	and 468.913, Florida Statutes, is created to read:
28	PART XV
29	GENETIC COUNSELORS
30	468.901 Part title.--This part may be cited as the
31	"Genetic Counseling Practice Act."
32	468.902 Purpose and intent.--The sole legislative purpose
33	in enacting this part is to ensure that every genetic counselor
34	practicing in this state meets minimum requirements for safe
35	practice. It is the legislative intent that genetic counselors
36	who fall below minimum competency or who otherwise present a
37	danger to the public shall be prohibited from practicing in this
38	state. This part does not require payment from insurers for
39	genetic counseling services.
40	468.903 Definitions.--As used in this part, the term:
41	(1) "Board" means the Board of Genetic Counselors.
42	(2) "Department" means the Department of Health.
43	(3) "Genetic counselor" means a person licensed under this
44	part to practice genetic counseling.
45	(4) "Practice of genetic counseling" means, for
46	remuneration, the communication process that deals with the
47	human problems associated with the occurrence, or the risk of
48	occurrence, of a genetic disorder in a family, including the
49	provision of services to help an individual or family:
50	(a) Comprehend the medical facts, including the diagnosis,
51	the probable cause of the disorder, and the available management
52	of the disorder.
53	(b) Appreciate the way heredity contributes to the
54	disorder and the risk of occurrence in specified relatives.
55	(c) Understand the alternatives for dealing with the risk
56	of occurrence.
57	(d) Choose the course of action which seems appropriate to
58	the individual or family in view of the risks, personal or
59	family goals, and ethical and religious standards, and to act in
60	accordance with that decision.
61	(e) Make the best possible psychosocial adjustment to the
62	disorder in an affected family member or to the risk of
63	occurrence of that disorder.
64	468.904 License required.--A person may not practice
65	genetic counseling or hold himself or herself out as a genetic
66	counselor or as being able to practice genetic counseling or to
67	render genetic counseling services in the state unless he or she
68	is licensed in accordance with this part.
69	468.905 Exemptions.--This part does not apply to:
70	(1) An individual licensed as a physician under chapter
71	458 or chapter 459, acting in the authorized scope of the
72	physician's practice.
73	(2) Commissioned medical officers of the Armed Forces of
74	the United States and of the Public Health Service of the United
75	States while on active duty and while acting within the scope of
76	their military or public health responsibilities.
77	(3) A health care practitioner defined in s. 456.001 who
78	is practicing within the scope of the health care practitioner's
79	license and who is doing work of a nature consistent with his or
80	her training and licensure.
81	468.906 Board of Genetic Counselors.--
82	(1) The Board of Genetic Counselors is created within the
83	department and shall consist of seven members, to be appointed
84	by the Governor and confirmed by the Senate.
85	(2) Five members of the board must be licensed genetic
86	counselors who are residents of the state. The remaining two
87	members must be residents of the state who are not, and have
88	never been, licensed as genetic counselors or members of any
89	closely related profession.
90	(3)(a) For the purpose of staggering terms, the Governor
91	shall appoint the initial members of the board as follows:
92	1. Two licensee members and one consumer member for terms
93	of 2 years each.
94	2. Two licensee members and one consumer member for terms
95	of 3 years each.
96	3. One licensee member for a term of 4 years.
97	(b) As the terms of the members expire, the Governor shall
98	appoint successors for terms of 4 years, and such members shall
99	serve until their successors are appointed.
100	(4) All provisions of chapter 456 relating to the board
101	shall apply.
102	468.907 Authority to adopt rules.--The board shall adopt
103	rules pursuant to ss. 120.536(1) and 120.54 to administer the
104	provisions of this part conferring duties on it, including rules
105	relating to standards of practice for genetic counselors.
106	468.908 Licensure requirements; temporary license.--
107	(1) Any person desiring to be licensed as a genetic
108	counselor under this part must apply to the department on a form
109	approved by the department.
110	(2) The department shall license each applicant who:
111	(a) Has completed the application form and remitted the
112	required fees.
113	(b) Is of good moral character.
114	(c) Provides satisfactory documentation of having earned:
115	1. A master's degree from a genetic counseling training
116	program or an equivalent program as determined by the American
117	Board of Genetic Counseling; or
118	2. A doctoral degree from a medical genetics training
119	program that is accredited by the American Board of Medical
120	Genetics.
121	(d) Has passed the examination for certification as:
122	1. A genetic counselor by the American Board of Genetic
123	Counseling or the American Board of Medical Genetics; or
124	2. A medical or clinical geneticist by the American Board
125	of Medical Genetics.
126	(3) The department may issue a temporary license to an
127	applicant who meets all of the requirements for licensure except
128	the examination requirement in this section and has obtained
129	active candidate status establishing eligibility to sit for the
130	next available certification examination administered by the
131	American Board of Genetic Counseling.
132	468.909 Renewal of license; continuing education.--
133	(1) The department shall renew a license upon receipt of
134	the renewal application and fee set by the board, not to exceed
135	$200.
136	(2) The board may by rule prescribe continuing education
137	requirements and approve course criteria, not to exceed 30 hours
138	biennially, as a condition for license renewal. The board shall
139	establish a procedure for approving continuing education courses
140	and providers, and may set a fee for continuing education
141	courses and provider approval.
142	468.911 Fees.--
143	(1) The board shall by rule establish fees for the
144	following purposes:
145	(a) An application fee, not to exceed $100.
146	(b) An initial licensure fee, not to exceed $200.
147	(c) A biennial renewal fee, not to exceed $200.
148	(d) An inactive fee, not to exceed $100.
149	(e) A delinquent fee, not to exceed $100.
150	(f) A reactivation fee, not to exceed $100.
151	(g) A voluntary inactive fee, not to exceed $100.
152	(2) The board shall establish fees at a level, not to
153	exceed the statutory fee cap, which is adequate to ensure the
154	continued operation of the regulatory program under this part.
155	The board may not set or maintain the fees at a level that will
156	substantially exceed this need.
157	468.912 Prohibitions; penalties.--
158	(1) A person may not:
159	(a) Make a false or fraudulent statement in any
160	application, affidavit, or statement presented to the board or
161	in any proceeding before the board.
162	(b) Practice genetic counseling without a license issued
163	under this part unless exempt from licensure under this part.
164	(c) Use the title "genetic counselor" or any other title
165	or designation tending to indicate that the person is a genetic
166	counselor or is otherwise authorized to practice genetic
167	counseling unless that person has a current license as a genetic
168	counselor issued under this part or is exempt from licensure
169	under this part.
170	(2) A person who violates any provision of this section
171	commits a misdemeanor of the second degree, punishable as
172	provided in s. 775.082 or s. 775.083.
173	468.913 Grounds for disciplinary action.--
174	(1) The following acts constitute grounds for denial of a
175	license or disciplinary action, as specified in s. 456.072(2):
176	(a) Attempting to procure a license to practice genetic
177	counseling by fraudulent misrepresentation.
178	(b) Having a license to practice genetic counseling
179	revoked, suspended, or otherwise acted against, including the
180	denial of licensure in another jurisdiction.
181	(c) Being convicted or found guilty of or pleading nolo
182	contendere to, regardless of adjudication, in any jurisdiction,
183	a crime that directly relates to the practice of genetic
184	counseling, including a violation of federal laws or regulations
185	regarding genetic counseling.
186	(d) Filing a report or record that the licensee knows is
187	false, intentionally or negligently failing to file a report or
188	record required by state or federal law, willfully impeding or
189	obstructing such filing, or inducing another person to impede or
190	obstruct such filing. Such reports or records include only
191	reports or records that are signed in a person's capacity as a
192	licensee under this part.
193	(e) Advertising goods or services related to genetic
194	counseling in a fraudulent, false, deceptive, or misleading
195	manner.
196	(f) Violating an order of the board or department
197	previously entered in a disciplinary hearing or failing to
198	comply with a subpoena issued by the board or the department.
199	(g) Practicing with a revoked, suspended, or inactive
200	license.
201	(h) Gross or repeated malpractice or the failure to
202	deliver genetic counseling services with that level of care and
203	skill which is recognized by a reasonably prudent licensed
204	practitioner with similar professional training as being
205	acceptable under similar conditions and circumstances.
206	(i) Unprofessional conduct, which includes, but is not
207	limited to, any departure from, or the failure to conform to,
208	the minimum standards of acceptable and prevailing genetic
209	counseling practice as set forth by the board in rules adopted
210	pursuant to this part, including:
211	1. Engaging in any act or practice in a professional
212	capacity which the licensee is not competent to perform through
213	training or experience.
214	2. Failing to refer a client to other competent
215	professionals when the licensee is unable or unwilling to
216	adequately support or serve the client.
217	3. Failing to maintain the confidentiality of any
218	information received from a client, unless released by the
219	client or otherwise authorized or required by law.
220	4. Exploiting a client for personal advantage, profit, or
221	interest.
222	(j) Violating any provision of this part or chapter 456,
223	or any rules adopted pursuant thereto.
224	(2) The board may enter an order denying licensure or
225	imposing any of the penalties in s. 456.072(2) against any
226	applicant for licensure or licensee who is found guilty of
227	violating any provision of subsection (1) or who is found guilty
228	of violating any provision of s. 456.072(1).
229	Section 2. Paragraph (g) of subsection (3) of section
230	20.43, Florida Statutes, is amended to read:
231	20.43 Department of Health.--There is created a Department
232	of Health.
233	(3) The following divisions of the Department of Health
234	are established:
235	(g) Division of Medical Quality Assurance, which is
236	responsible for the following boards and professions established
237	within the division:
238	1. The Board of Acupuncture, created under chapter 457.
239	2. The Board of Medicine, created under chapter 458.
240	3. The Board of Osteopathic Medicine, created under
241	chapter 459.
242	4. The Board of Chiropractic Medicine, created under
243	chapter 460.
244	5. The Board of Podiatric Medicine, created under chapter
245	461.
246	6. Naturopathy, as provided under chapter 462.
247	7. The Board of Optometry, created under chapter 463.
248	8. The Board of Nursing, created under part I of chapter
249	464.
250	9. Nursing assistants, as provided under part II of
251	chapter 464.
252	10. The Board of Pharmacy, created under chapter 465.
253	11. The Board of Dentistry, created under chapter 466.
254	12. Midwifery, as provided under chapter 467.
255	13. The Board of Speech-Language Pathology and Audiology,
256	created under part I of chapter 468.
257	14. The Board of Nursing Home Administrators, created
258	under part II of chapter 468.
259	15. The Board of Occupational Therapy, created under part
260	III of chapter 468.
261	16. Respiratory therapy, as provided under part V of
262	chapter 468.
263	17. Dietetics and nutrition practice, as provided under
264	part X of chapter 468.
265	18. The Board of Athletic Training, created under part
266	XIII of chapter 468.
267	19. The Board of Orthotists and Prosthetists, created
268	under part XIV of chapter 468.
269	20. The Board of Genetic Counselors, created under part XV
270	of chapter 468.
271	21.20.Electrolysis, as provided under chapter 478.
272	22.21.The Board of Massage Therapy, created under chapter
273	480.
274	23.22.The Board of Clinical Laboratory Personnel, created
275	under part III of chapter 483.
276	24.23.Medical physicists, as provided under part IV of
277	chapter 483.
278	25.24.The Board of Opticianry, created under part I of
279	chapter 484.
280	26.25.The Board of Hearing Aid Specialists, created under
281	part II of chapter 484.
282	27.26.The Board of Physical Therapy Practice, created
283	under chapter 486.
284	28.27.The Board of Psychology, created under chapter 490.
285	29.28.School psychologists, as provided under chapter
286	490.
287	30.29.The Board of Clinical Social Work, Marriage and
288	Family Therapy, and Mental Health Counseling, created under
289	chapter 491.
290	Section 3. Subsection (4) of section 456.001, Florida
291	Statutes, is amended to read:
292	456.001 Definitions.--As used in this chapter, the term:
293	(4) "Health care practitioner" means any person licensed
294	under chapter 457; chapter 458; chapter 459; chapter 460;
295	chapter 461; chapter 462; chapter 463; chapter 464; chapter 465;
296	chapter 466; chapter 467; part I, part II, part III, part V,
297	part X, part XIII, or part XIV, or part XVof chapter 468;
298	chapter 478; chapter 480; part III or part IV of chapter 483;
299	chapter 484; chapter 486; chapter 490; or chapter 491.
300	Section 4. This act shall take effect July 1, 2004.