HB 1033

1	A bill to be entitled
2	An act relating to genetic counselors; creating part XV of
3	ch. 468, F.S., the "Genetic Counseling Practice Act";
4	providing a popular name; providing legislative purpose
5	and 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 part XV of
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, is created to read:
28	PART XV
29	GENETIC COUNSELORS
30	468.901  Popular name.--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. This act does not apply to
40	counselors who do not identify or advertise themselves as
41	genetic counselors and who do not provide genetic risk
42	assessment, diagnosis and interpretation of family history, and
43	genetic test results.
44	468.903  Definitions.--As used in this part, the term:
45	(1)  "Board" means the Board of Genetic Counselors.
46	(2)  "Department" means the Department of Health.
47	(3)  "Genetic counselor" means a person licensed under this
48	part to practice genetic counseling.
49	(4)  "Practice of genetic counseling" means, for
50	remuneration, the communication process that deals with the
51	human problems associated with the occurrence, or the risk of
52	occurrence, of a genetic disorder in a family, including the
53	provision of services to help an individual or family:
54	(a)  Comprehend the medical facts, including the diagnosis,
55	the probable cause of the disorder, and the available management
56	of the disorder.
57	(b)  Appreciate the way heredity contributes to the
58	disorder and the risk of occurrence in specified relatives.
59	(c)  Understand the alternatives for dealing with the risk
60	of occurrence.
61	(d)  Choose the course of action which seems appropriate to
62	them in view of their risk, their family goals, and their
63	ethical and religious standards, and to act in accordance with
64	that decision.
65	(e)  Make the best possible psychosocial adjustment to the
66	disorder in an affected family member or to the risk of
67	occurrence of that disorder.
68	468.904  License required.--A person may not practice
69	genetic counseling or hold himself or herself out as a genetic
70	counselor or as being able to practice genetic counseling or to
71	render genetic counseling services in the state unless he or she
72	is licensed in accordance with this part.
73	468.905  Exemptions.--This part does not apply to:
74	(1)  Commissioned medical officers of the Armed Forces of
75	the United States and of the Public Health Service of the United
76	States while on active duty and while acting within the scope of
77	their military or public health responsibilities.
78	(2)  A health care practitioner defined in s. 456.001 who
79	is practicing within the scope of the health care practitioner's
80	license and who is doing work of a nature consistent with his or
81	her training and licensure.
82	468.906  Board of Genetic Counselors.--
83	(1)  The Board of Genetic Counselors is created within the
84	department and shall consist of five members, to be appointed by
85	the Governor and confirmed by the Senate.
86	(2)  Three members of the board must be licensed genetic
87	counselors who are residents of the state. The remaining two
88	members must be residents of the state who are not, and have
89	never been, licensed as genetic counselors or members of any
90	closely related profession.
91	(3)(a)  For the purpose of staggering terms, the Governor
92	shall appoint the initial members of the board as follows:
93	1.  One licensee member and one consumer member for terms
94	of 2 years each.
95	2.  One licensee member and one consumer member for terms
96	of 3 years each.
97	3.  One licensee member for a term of 4 years.
98	(b)  As the terms of the members expire, the Governor shall
99	appoint successors for terms of 4 years, and such members shall
100	serve until their successors are appointed.
101	(4)  All provisions of chapter 456 relating to the board
102	shall apply.
103	468.907  Authority to adopt rules.--The board shall adopt
104	rules pursuant to ss. 120.536(1) and 120.54 to administer the
105	provisions of this part conferring duties on it, including rules
106	relating to standards of practice for genetic counselors.
107	468.908  Licensure requirements; temporary license.--
108	(1)  Any person desiring to be licensed as a genetic
109	counselor under this part must apply to the department on a form
110	approved by the department.
111	(2)  The department shall license each applicant who:
112	(a)  Has completed the application form and remitted the
113	required fees.
114	(b)  Is of good moral character.
115	(c)  Provides satisfactory documentation of having earned:
116	1.  A master's degree from a genetic counseling training
117	program or an equivalent program as determined by the American
118	Board of Genetic Counseling; or
119	2.  A doctoral degree from a medical genetics training
120	program that is accredited by the American Board of Medical
121	Genetics.
122	(d)  Has passed the examination for certification as:
123	1.  A genetic counselor by the American Board of Genetic
124	Counseling or the American Board of Medical Genetics; or
125	2.  A medical or clinical geneticist by the American Board
126	of Medical Genetics.
127	(3)  The department may issue a temporary license to an
128	applicant who meets all of the requirements for licensure except
129	the examination requirement in this section and has obtained
130	active candidate status establishing eligibility to sit for the
131	next available certification exam administered by the American
132	Board of Genetic Counseling.
133	468.909  Renewal of license; continuing education.--
134	(1)  The department shall renew a license upon receipt of
135	the renewal application and fee set by the board, not to exceed
136	$600.
137	(2)  The board may by rule prescribe continuing education
138	requirements and approve course criteria, not to exceed 30 hours
139	biennially, as a condition for license renewal. The board shall
140	establish a procedure for approving continuing education courses
141	and providers, and may set a fee for continuing education
142	courses and provider approval.
143	468.911  Fees.--
144	(1)  The board shall by rule establish fees for the
145	following purposes:
146	(a)  An application fee, not to exceed $100.
147	(b)  An initial licensure fee, not to exceed $600.
148	(c)  A biennial renewal fee, not to exceed $600.
149	(d)  An inactive fee, not to exceed $100.
150	(e)  A delinquent fee, not to exceed $100.
151	(f)  A reactivation fee, not to exceed $100.
152	(g)  A voluntary inactive fee, not to exceed $100.
153	(2)  The board shall establish fees at a level, not to
154	exceed the statutory fee cap, which is adequate to ensure the
155	continued operation of the regulatory program under this part.
156	The board may not set or maintain the fees at a level that will
157	substantially exceed this need.
158	468.912  Prohibitions; penalties.--
159	(1)  A person may not:
160	(a)  Make a false or fraudulent statement in any
161	application, affidavit, or statement presented to the board or
162	in any proceeding before the board.
163	(b)  Practice genetic counseling without a license issued
164	under this part unless exempt from licensure under this part.
165	(c)  Use the title "genetic counselor" or any other title
166	or designation tending to indicate that the person is a genetic
167	counselor or is otherwise authorized to practice genetic
168	counseling unless that person has a current license as a genetic
169	counselor issued under this part or is exempt from licensure
170	under this part.
171	(2)  A person who violates any provision of this section
172	commits a misdemeanor of the second degree, punishable as
173	provided in s. 775.082 or s. 775.083.
174	468.913  Grounds for disciplinary action.--
175	(1)  The following acts constitute grounds for denial of a
176	license or disciplinary action, as specified in s. 456.072(2):
177	(a)  Attempting to procure a license to practice genetic
178	counseling by fraudulent misrepresentation.
179	(b)  Having a license to practice genetic counseling
180	revoked, suspended, or otherwise acted against, including the
181	denial of licensure in another jurisdiction.
182	(c)  Being convicted or found guilty of or pleading nolo
183	contendere to, regardless of adjudication, in any jurisdiction,
184	a crime that directly relates to the practice of genetic
185	counseling, including a violation of federal laws or regulations
186	regarding genetic counseling.
187	(d)  Filing a report or record that the licensee knows is
188	false, intentionally or negligently failing to file a report or
189	record required by state or federal law, willfully impeding or
190	obstructing such filing, or inducing another person to impede or
191	obstruct such filing. Such reports or records include only
192	reports or records that are signed in a person's capacity as a
193	licensee under this act.
194	(e)  Advertising goods or services related to genetic
195	counseling in a fraudulent, false, deceptive, or misleading
196	manner.
197	(f)  Violating an order of the board or department
198	previously entered in a disciplinary hearing or failing to
199	comply with a subpoena issued by the board or the department.
200	(g)  Practicing with a revoked, suspended, or inactive
201	license.
202	(h)  Gross or repeated malpractice or the failure to
203	deliver genetic counseling services with that level of care and
204	skill which is recognized by a reasonably prudent licensed
205	practitioner with similar professional training as being
206	acceptable under similar conditions and circumstances.
207	(i)  Unprofessional conduct, which includes, but is not
208	limited to, any departure from, or the failure to conform to,
209	the minimum standards of acceptable and prevailing genetic
210	counseling practice as set forth by the board in rules adopted
211	pursuant to this part, including:
212	1.  Engaging in any act or practice in a professional
213	capacity which the licensee is not competent to perform through
214	training or experience.
215	2.  Failing to refer a client to other competent
216	professionals when the licensee is unable or unwilling to
217	adequately support or serve the client.
218	3.  Failing to maintain the confidentiality of any
219	information received from a client, unless released by the
220	client or otherwise authorized or required by law.
221	4.  Exploiting a client for personal advantage, profit, or
222	interest.
223	(j)  Violating any provision of this part or chapter 456,
224	or any rules adopted pursuant thereto.
225	(2)  The board may enter an order denying licensure or
226	imposing any of the penalties in s. 456.072(2) against any
227	applicant for licensure or licensee who is found guilty of
228	violating any provision of subsection (1) or who is found guilty
229	of violating any provision of s. 456.072(1).
230	Section 2.  Paragraph (g) of subsection (3) of section
231	20.43, Florida Statutes, is amended to read:
232	20.43  Department of Health.--There is created a Department
233	of Health.
234	(3)  The following divisions of the Department of Health
235	are established:
236	(g)  Division of Medical Quality Assurance, which is
237	responsible for the following boards and professions established
238	within the division:
239	1.  The Board of Acupuncture, created under chapter 457.
240	2.  The Board of Medicine, created under chapter 458.
241	3.  The Board of Osteopathic Medicine, created under
242	chapter 459.
243	4.  The Board of Chiropractic Medicine, created under
244	chapter 460.
245	5.  The Board of Podiatric Medicine, created under chapter
246	461.
247	6.  Naturopathy, as provided under chapter 462.
248	7.  The Board of Optometry, created under chapter 463.
249	8.  The Board of Nursing, created under part I of chapter
250	464.
251	9.  Nursing assistants, as provided under part II of
252	chapter 464.
253	10.  The Board of Pharmacy, created under chapter 465.
254	11.  The Board of Dentistry, created under chapter 466.
255	12.  Midwifery, as provided under chapter 467.
256	13.  The Board of Speech-Language Pathology and Audiology,
257	created under part I of chapter 468.
258	14.  The Board of Nursing Home Administrators, created
259	under part II of chapter 468.
260	15.  The Board of Occupational Therapy, created under part
261	III of chapter 468.
262	16.  Respiratory therapy, as provided under part V of
263	chapter 468.
264	17.  Dietetics and nutrition practice, as provided under
265	part X of chapter 468.
266	18.  The Board of Athletic Training, created under part
267	XIII of chapter 468.
268	19.  The Board of Orthotists and Prosthetists, created
269	under part XIV of chapter 468.
270	20.  The Board of Genetic Counselors, created under part XV
271	of chapter 468.
272	21.20.  Electrolysis, as provided under chapter 478.
273	22.21.  The Board of Massage Therapy, created under chapter
274	480.
275	23.22.  The Board of Clinical Laboratory Personnel, created
276	under part III of chapter 483.
277	24.23.  Medical physicists, as provided under part IV of
278	chapter 483.
279	25.24.  The Board of Opticianry, created under part I of
280	chapter 484.
281	26.25.  The Board of Hearing Aid Specialists, created under
282	part II of chapter 484.
283	27.26.  The Board of Physical Therapy Practice, created
284	under chapter 486.
285	28.27.  The Board of Psychology, created under chapter 490.
286	29.28.  School psychologists, as provided under chapter
287	490.
288	30.29.  The Board of Clinical Social Work, Marriage and
289	Family Therapy, and Mental Health Counseling, created under
290	chapter 491.
291	Section 3.  Subsection (4) of section 456.001, Florida
292	Statutes, is amended to read:
293	456.001  Definitions.--As used in this chapter, the term:
294	(4)  "Health care practitioner" means any person licensed
295	under chapter 457; chapter 458; chapter 459; chapter 460;
296	chapter 461; chapter 462; chapter 463; chapter 464; chapter 465;
297	chapter 466; chapter 467; part I, part II, part III, part V,
298	part X, part XIII, or part XIV, or part XV of chapter 468;
299	chapter 478; chapter 480; part III or part IV of chapter 483;
300	chapter 484; chapter 486; chapter 490; or chapter 491.
301	Section 4.  This act shall take effect October 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.