Senate Bill sb0506c2

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    Florida Senate - 2004                     CS for CS for SB 506

    By the Committees on Governmental Oversight and Productivity;
    Health, Aging, and Long-Term Care; and Senator Cowin




    302-1342-04

  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 short

  5         title; providing legislative purpose and

  6         intent; providing definitions; requiring

  7         licensure to practice genetic counseling;

  8         providing exemptions; creating the Board of

  9         Genetic Counselors and providing for

10         appointment and staggering of terms of its

11         members; requiring the board to adopt rules;

12         providing licensure requirements; providing for

13         biennial renewal of licensure; providing for

14         continuing education; providing fees;

15         prohibiting certain acts; providing penalties;

16         providing grounds for disciplinary action;

17         providing for denial of licensure or imposition

18         of other disciplinary actions authorized by

19         law; amending s. 20.43, F.S.; creating the

20         Board of Genetic Counselors within the Division

21         of Medical Quality Assurance in the Department

22         of Health; amending s. 456.001, F.S.;

23         redefining the term "health care practitioner"

24         to include persons licensed under part XV of

25         chapter 468, F.S.; providing an effective date.

26  

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

28  

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

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

31  

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    Florida Senate - 2004                     CS for CS for SB 506
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 1  468.905, 468.906, 468.907, 468.908, 468.909, 468.911, 468.912,

 2  and 468.913, is created to read:

 3                             PART XV

 4                        GENETIC COUNSELORS

 5         468.901  Short title.--This part may be cited as the

 6  "Genetic Counseling Practice Act."

 7         468.902  Purpose and intent.--The sole legislative

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

 9  counselor practicing in this state meets minimum requirements

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

11  counselors who fall below minimum competency or who otherwise

12  present a danger to the public shall be prohibited from

13  practicing in this state. This part does not require payment

14  from insurers for genetic counseling services.

15         468.903  Definitions.--As used in this part, the term:

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

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

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

19  this part to practice genetic counseling.

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

21  remuneration, the communication process that deals with the

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

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

24  provision of services to help an individual or family:

25         (a)  Comprehend the medical facts, including the

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

27  available management of the disorder.

28         (b)  Appreciate the way heredity contributes to the

29  disorder and the risk of occurrence in specified relatives.

30         (c)  Understand the alternatives for dealing with the

31  risk of occurrence.

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 1         (d)  Choose the course of action which seems

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

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

 4  accordance with that decision.

 5         (e)  Make the best possible psychosocial adjustment to

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

 7  occurrence of that disorder.

 8         468.904  License required.--A person may not practice

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

10  counselor or as being able to practice genetic counseling or

11  to render genetic counseling services in the state unless he

12  or she is licensed in accordance with this part.

13         468.905  Exemptions.--This part does not apply to:

14         (1)  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         (2)  A health care practitioner defined in s. 456.001

19  who is practicing within the scope of the health care

20  practitioner's license and who is doing work of a nature

21  consistent with his or her training and licensure.

22         468.906  Board of Genetic Counselors.--

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

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

25  appointed by the Governor and confirmed by the Senate.

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

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

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

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

30  closely related profession.

31  

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

 2  Governor shall appoint the initial members of the board as

 3  follows:

 4         1.  Two licensee members and one consumer member for

 5  terms of 2 years each.

 6         2.  Two licensee members and one consumer member for

 7  terms of 3 years each.

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

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

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

11  members shall serve until their successors are appointed.

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

13  board shall apply.

14         468.907  Authority to adopt rules.--The board shall

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

16  administer the provisions of this part conferring duties on

17  it, including rules relating to standards of practice for

18  genetic counselors.

19         468.908  Licensure requirements; temporary license.--

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

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

22  form approved by the department.

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

24         (a)  Has completed the application form and remitted

25  the required fees.

26         (b)  Is of good moral character.

27         (c)  Provides satisfactory documentation of having

28  earned:

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

30  training program or an equivalent program as determined by the

31  American Board of Genetic Counseling; or

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 1         2.  A doctoral degree from a medical genetics training

 2  program that is accredited by the American Board of Medical

 3  Genetics.

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

 5         1.  A genetic counselor by the American Board of

 6  Genetic Counseling or the American Board of Medical Genetics;

 7  or

 8         2.  A medical or clinical geneticist by the American

 9  Board of Medical Genetics.

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

11  applicant who meets all of the requirements for licensure

12  except the examination requirement in this section and has

13  obtained active candidate status establishing eligibility to

14  sit for the next available certification exam administered by

15  the American Board of Genetic Counseling.

16         468.909  Renewal of license; continuing education.--

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

18  of the renewal application and fee set by the board, not to

19  exceed $200.

20         (2)  The board may by rule prescribe continuing

21  education requirements and approve course criteria, not to

22  exceed 30 hours biennially, as a condition for license

23  renewal.  The board shall establish a procedure for approving

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

25  for continuing education courses and provider approval.

26         468.911  Fees.--

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

28  following purposes:

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

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

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

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

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

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

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

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

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

 7  continued operation of the regulatory program under this

 8  part.  The board may not set or maintain the fees at a level

 9  that will substantially exceed this need.

10         468.912  Prohibitions; penalties.--

11         (1)  A person may not:

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

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

14  in any proceeding before the board.

15         (b)  Practice genetic counseling without a license

16  issued under this part unless exempt from licensure under this

17  part.

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

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

20  genetic counselor or is otherwise authorized to practice

21  genetic counseling unless that person has a current license as

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

23  licensure under this part.

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

25  section commits a misdemeanor of the second degree, punishable

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

27         468.913  Grounds for disciplinary action.--

28         (1)  The following acts constitute grounds for denial

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

30  456.072(2):

31  

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    Florida Senate - 2004                     CS for CS for SB 506
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 1         (a)  Attempting to procure a license to practice

 2  genetic counseling by fraudulent misrepresentation.

 3         (b)  Having a license to practice genetic counseling

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

 5  denial of licensure in another jurisdiction.

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

 7  nolo contendere to, regardless of adjudication, in any

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

 9  genetic counseling, including a violation of federal laws or

10  regulations regarding genetic counseling.

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

12  is false, intentionally or negligently failing to file a

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

14  impeding or obstructing such filing, or inducing another

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

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

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

18         (e)  Advertising goods or services related to genetic

19  counseling in a fraudulent, false, deceptive, or misleading

20  manner.

21         (f)  Violating an order of the board or department

22  previously entered in a disciplinary hearing or failing to

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

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

25  license.

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

27  deliver genetic counseling services with that level of care

28  and skill which is recognized by a reasonably prudent licensed

29  practitioner with similar professional training as being

30  acceptable under similar conditions and circumstances.

31  

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 1         (i)  Unprofessional conduct, which includes, but is not

 2  limited to, any departure from, or the failure to conform to,

 3  the minimum standards of acceptable and prevailing genetic

 4  counseling practice as set forth by the board in rules adopted

 5  pursuant to this part, including:

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

 7  capacity which the licensee is not competent to perform

 8  through training or experience.

 9         2.  Failing to refer a client to other competent

10  professionals when the licensee is unable or unwilling to

11  adequately support or serve the client.

12         3.  Failing to maintain the confidentiality of any

13  information received from a client, unless released by the

14  client or otherwise authorized or required by law.

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

16  or interest.

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

18  456, or any rules adopted pursuant thereto.

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

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

21  applicant for licensure or licensee who is found guilty of

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

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

24         Section 2.  Paragraph (g) of subsection (3) of section

25  20.43, Florida Statutes, is amended to read:

26         20.43  Department of Health.--There is created a

27  Department of Health.

28         (3)  The following divisions of the Department of

29  Health are established:

30  

31  

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    Florida Senate - 2004                     CS for CS for SB 506
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 1         (g)  Division of Medical Quality Assurance, which is

 2  responsible for the following boards and professions

 3  established within the division:

 4         1.  The Board of Acupuncture, created under chapter

 5  457.

 6         2.  The Board of Medicine, created under chapter 458.

 7         3.  The Board of Osteopathic Medicine, created under

 8  chapter 459.

 9         4.  The Board of Chiropractic Medicine, created under

10  chapter 460.

11         5.  The Board of Podiatric Medicine, created under

12  chapter 461.

13         6.  Naturopathy, as provided under chapter 462.

14         7.  The Board of Optometry, created under chapter 463.

15         8.  The Board of Nursing, created under part I of

16  chapter 464.

17         9.  Nursing assistants, as provided under part II of

18  chapter 464.

19         10.  The Board of Pharmacy, created under chapter 465.

20         11.  The Board of Dentistry, created under chapter 466.

21         12.  Midwifery, as provided under chapter 467.

22         13.  The Board of Speech-Language Pathology and

23  Audiology, created under part I of chapter 468.

24         14.  The Board of Nursing Home Administrators, created

25  under part II of chapter 468.

26         15.  The Board of Occupational Therapy, created under

27  part III of chapter 468.

28         16.  Respiratory therapy, as provided under part V of

29  chapter 468.

30         17.  Dietetics and nutrition practice, as provided

31  under part X of chapter 468.

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    Florida Senate - 2004                     CS for CS for SB 506
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 1         18.  The Board of Athletic Training, created under part

 2  XIII of chapter 468.

 3         19.  The Board of Orthotists and Prosthetists, created

 4  under part XIV of chapter 468.

 5         20.  The Board of Genetic Counselors, created under

 6  part XV of chapter 468.

 7         21.20.  Electrolysis, as provided under chapter 478.

 8         22.21.  The Board of Massage Therapy, created under

 9  chapter 480.

10         23.22.  The Board of Clinical Laboratory Personnel,

11  created under part III of chapter 483.

12         24.23.  Medical physicists, as provided under part IV

13  of chapter 483.

14         25.24.  The Board of Opticianry, created under part I

15  of chapter 484.

16         26.25.  The Board of Hearing Aid Specialists, created

17  under part II of chapter 484.

18         27.26.  The Board of Physical Therapy Practice, created

19  under chapter 486.

20         28.27.  The Board of Psychology, created under chapter

21  490.

22         29.28.  School psychologists, as provided under chapter

23  490.

24         30.29.  The Board of Clinical Social Work, Marriage and

25  Family Therapy, and Mental Health Counseling, created under

26  chapter 491.

27         Section 3.  Subsection (4) of section 456.001, Florida

28  Statutes, is amended to read:

29         456.001  Definitions.--As used in this chapter, the

30  term:

31  

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    Florida Senate - 2004                     CS for CS for SB 506
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 1         (4)  "Health care practitioner" means any person

 2  licensed under chapter 457; chapter 458; chapter 459; chapter

 3  460; chapter 461; chapter 462; chapter 463; chapter 464;

 4  chapter 465; chapter 466; chapter 467; part I, part II, part

 5  III, part V, part X, part XIII, or part XIV, or part XV of

 6  chapter 468; chapter 478; chapter 480; part III or part IV of

 7  chapter 483; chapter 484; chapter 486; chapter 490; or chapter

 8  491.

 9         Section 4.  This act shall take effect July 1, 2004.

10  

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                          CS for SB 506

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14  Removes specific exemption for physicians as it was
    duplicative of the broader exemption for "health care
15  practitioners."

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