HB 1033

CS

CHAMBER ACTION

1	The Health & Families Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to genetic counselors; creating part XV of
7	ch. 468, F.S., the "Genetic Counseling Practice Act";
8	providing a popular name; providing legislative purpose
9	and intent; providing definitions; requiring licensure to
10	practice genetic counseling; providing exemptions;
11	creating the Board of Genetic Counselors and providing for
12	appointment and staggering of terms of its members;
13	requiring the board to adopt rules; providing licensure
14	requirements; providing for biennial renewal of licensure;
15	providing for continuing education; providing fees;
16	prohibiting certain acts; providing penalties; providing
17	grounds for disciplinary action; providing for denial of
18	licensure or imposition of other disciplinary actions
19	authorized by law; amending s. 20.43, F.S.; creating the
20	Board of Genetic Counselors within the Division of Medical
21	Quality Assurance in the Department of Health; amending s.
22	456.001, F.S.; redefining the term "health care
23	practitioner" to include persons licensed under part XV of
24	ch. 468, F.S.; providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Part XV of chapter 468, Florida Statutes,
29	consisting of sections 468.901, 468.902, 468.903, 468.904,
30	468.905, 468.906, 468.907, 468.908, 468.909, 468.911, 468.912,
31	and 468.913, is created to read:
32	PART XV
33	GENETIC COUNSELORS
34	468.901  Popular name.--This part may be cited as the
35	"Genetic Counseling Practice Act."
36	468.902  Purpose and intent.--The sole legislative purpose
37	in enacting this part is to ensure that every genetic counselor
38	practicing in this state meets minimum requirements for safe
39	practice. It is the legislative intent that genetic counselors
40	who fall below minimum competency or who otherwise present a
41	danger to the public shall be prohibited from practicing in this
42	state. This part does not require payment from insurers for
43	genetic counseling services. This act does not apply to
44	counselors who do not identify or advertise themselves as
45	genetic counselors and who do not provide genetic risk
46	assessment, diagnosis and interpretation of family history, and
47	genetic test results.
48	468.903  Definitions.--As used in this part, the term:
49	(1)  "Board" means the Board of Genetic Counselors.
50	(2)  "Department" means the Department of Health.
51	(3)  "Genetic counselor" means a person licensed under this
52	part to practice genetic counseling.
53	(4)  "Practice of genetic counseling" means, for
54	remuneration, the communication process that deals with the
55	human problems associated with the occurrence, or the risk of
56	occurrence, of a genetic disorder in a family, including the
57	provision of services to help an individual or family:
58	(a)  Comprehend the medical facts, including the diagnosis,
59	the probable cause of the disorder, and the available management
60	of the disorder.
61	(b)  Appreciate the way heredity contributes to the
62	disorder and the risk of occurrence in specified relatives.
63	(c)  Understand the alternatives for dealing with the risk
64	of occurrence.
65	(d)  Choose the course of action which seems appropriate to
66	them in view of their risk, their family goals, and their
67	ethical and religious standards, and to act in accordance with
68	that decision.
69	(e)  Make the best possible psychosocial adjustment to the
70	disorder in an affected family member or to the risk of
71	occurrence of that disorder.
72	468.904  License required.--A person may not practice
73	genetic counseling or hold himself or herself out as a genetic
74	counselor or as being able to practice genetic counseling or to
75	render genetic counseling services in the state unless he or she
76	is licensed in accordance with this part.
77	468.905  Exemptions.--This part does not apply to:
78	(1)  Commissioned medical officers of the Armed Forces of
79	the United States and of the Public Health Service of the United
80	States while on active duty and while acting within the scope of
81	their military or public health responsibilities.
82	(2)  A health care practitioner defined in s. 456.001 who
83	is practicing within the scope of the health care practitioner's
84	license and who is doing work of a nature consistent with his or
85	her training and licensure.
86	468.906  Board of Genetic Counselors.--
87	(1)  The Board of Genetic Counselors is created within the
88	department and shall consist of five members, to be appointed by
89	the Governor and confirmed by the Senate.
90	(2)  Three members of the board must be licensed genetic
91	counselors who are residents of the state. The remaining two
92	members must be residents of the state who are not, and have
93	never been, licensed as genetic counselors or members of any
94	closely related profession.
95	(3)(a)  For the purpose of staggering terms, the Governor
96	shall appoint the initial members of the board as follows:
97	1.  One licensee member and one consumer member for terms
98	of 2 years each.
99	2.  One licensee member and one consumer member for terms
100	of 3 years each.
101	3.  One licensee member for a term of 4 years.
102	(b)  As the terms of the members expire, the Governor shall
103	appoint successors for terms of 4 years, and such members shall
104	serve until their successors are appointed.
105	(4)  All provisions of chapter 456 relating to the board
106	shall apply.
107	468.907  Authority to adopt rules.--The board shall adopt
108	rules pursuant to ss. 120.536(1) and 120.54 to administer the
109	provisions of this part conferring duties on it, including rules
110	relating to standards of practice for genetic counselors.
111	468.908  Licensure requirements; temporary license.--
112	(1)  Any person desiring to be licensed as a genetic
113	counselor under this part must apply to the department on a form
114	approved by the department.
115	(2)  The department shall license each applicant who:
116	(a)  Has completed the application form and remitted the
117	required fees.
118	(b)  Is of good moral character.
119	(c)  Provides satisfactory documentation of having earned:
120	1.  A master's degree from a genetic counseling training
121	program or an equivalent program as determined by the American
122	Board of Genetic Counseling; or
123	2.  A doctoral degree from a medical genetics training
124	program that is accredited by the American Board of Medical
125	Genetics.
126	(d)  Has passed the examination for certification as:
127	1.  A genetic counselor by the American Board of Genetic
128	Counseling or the American Board of Medical Genetics; or
129	2.  A medical or clinical geneticist by the American Board
130	of Medical Genetics.
131	(3)  The department may issue a temporary license to an
132	applicant who meets all of the requirements for licensure except
133	the examination requirement in this section and has obtained
134	active candidate status establishing eligibility to sit for the
135	next available certification exam administered by the American
136	Board of Genetic Counseling.
137	468.909  Renewal of license; continuing education.--
138	(1)  The department shall renew a license upon receipt of
139	the renewal application and fee set by the board, not to exceed
140	$600.
141	(2)  The board may by rule prescribe continuing education
142	requirements and approve course criteria, not to exceed 30 hours
143	biennially, as a condition for license renewal. The board shall
144	establish a procedure for approving continuing education courses
145	and providers, and may set a fee for continuing education
146	courses and provider approval.
147	468.911  Fees.--
148	(1)  The board shall by rule establish fees for the
149	following purposes:
150	(a)  An application fee, not to exceed $100.
151	(b)  An initial licensure fee, not to exceed $600.
152	(c)  A biennial renewal fee, not to exceed $600.
153	(d)  An inactive fee, not to exceed $100.
154	(e)  A delinquent fee, not to exceed $100.
155	(f)  A reactivation fee, not to exceed $100.
156	(g)  A voluntary inactive fee, not to exceed $100.
157	(2)  The board shall establish fees at a level, not to
158	exceed the statutory fee cap, which is adequate to ensure the
159	continued operation of the regulatory program under this part.
160	The board may not set or maintain the fees at a level that will
161	substantially exceed this need.
162	468.912  Prohibitions; penalties.--
163	(1)  A person may not:
164	(a)  Knowingly make a false or fraudulent statement in any
165	application, affidavit, or statement presented to the board or
166	in any proceeding before the board.
167	(b)  Practice genetic counseling without a license issued
168	under this part unless exempt from licensure under this part.
169	(c)  Use the title "genetic counselor" or any other title
170	or designation tending to indicate that the person is a genetic
171	counselor or is otherwise authorized to practice genetic
172	counseling unless that person has a current license as a genetic
173	counselor issued under this part or is exempt from licensure
174	under this part.
175	(2)  A person who violates any provision of this section
176	commits a misdemeanor of the second degree, punishable as
177	provided in s. 775.082 or s. 775.083.
178	468.913  Grounds for disciplinary action.--
179	(1)  The following acts constitute grounds for denial of a
180	license or disciplinary action, as specified in s. 456.072(2):
181	(a)  Attempting to procure a license to practice genetic
182	counseling by fraudulent misrepresentation.
183	(b)  Having a license to practice genetic counseling
184	revoked, suspended, or otherwise acted against, including the
185	denial of licensure in another jurisdiction.
186	(c)  Being convicted or found guilty of or pleading nolo
187	contendere to, regardless of adjudication, in any jurisdiction,
188	a crime that directly relates to the practice of genetic
189	counseling, including a violation of federal laws or regulations
190	regarding genetic counseling.
191	(d)  Filing a report or record that the licensee knows is
192	false, intentionally or negligently failing to file a report or
193	record required by state or federal law, willfully impeding or
194	obstructing such filing, or inducing another person to impede or
195	obstruct such filing. Such reports or records include only
196	reports or records that are signed in a person's capacity as a
197	licensee under this act.
198	(e)  Advertising goods or services related to genetic
199	counseling in a fraudulent, false, deceptive, or misleading
200	manner.
201	(f)  Violating an order of the board or department
202	previously entered in a disciplinary hearing or failing to
203	comply with a subpoena issued by the board or the department.
204	(g)  Practicing with a revoked, suspended, or inactive
205	license.
206	(h)  Gross or repeated malpractice or the failure to
207	deliver genetic counseling services with that level of care and
208	skill which is recognized by a reasonably prudent licensed
209	practitioner with similar professional training as being
210	acceptable under similar conditions and circumstances.
211	(i)  Unprofessional conduct, which includes, but is not
212	limited to, any departure from, or the failure to conform to,
213	the minimum standards of acceptable and prevailing genetic
214	counseling practice as set forth by the board in rules adopted
215	pursuant to this part, including:
216	1.  Engaging in any act or practice in a professional
217	capacity which the licensee is not competent to perform through
218	training or experience.
219	2.  Failing to refer a client to other competent
220	professionals when the licensee is unable or unwilling to
221	adequately support or serve the client.
222	3.  Failing to maintain the confidentiality of any
223	information received from a client, unless released by the
224	client or otherwise authorized or required by law.
225	4.  Exploiting a client for personal advantage, profit, or
226	interest.
227	(j)  Violating any provision of this part or chapter 456,
228	or any rules adopted pursuant thereto.
229	(2)  The board may enter an order denying licensure or
230	imposing any of the penalties in s. 456.072(2) against any
231	applicant for licensure or licensee who is found guilty of
232	violating any provision of subsection (1) or who is found guilty
233	of violating any provision of s. 456.072(1).
234	Section 2.  Paragraph (g) of subsection (3) of section
235	20.43, Florida Statutes, is amended to read:
236	20.43  Department of Health.--There is created a Department
237	of Health.
238	(3)  The following divisions of the Department of Health
239	are established:
240	(g)  Division of Medical Quality Assurance, which is
241	responsible for the following boards and professions established
242	within the division:
243	1.  The Board of Acupuncture, created under chapter 457.
244	2.  The Board of Medicine, created under chapter 458.
245	3.  The Board of Osteopathic Medicine, created under
246	chapter 459.
247	4.  The Board of Chiropractic Medicine, created under
248	chapter 460.
249	5.  The Board of Podiatric Medicine, created under chapter
250	461.
251	6.  Naturopathy, as provided under chapter 462.
252	7.  The Board of Optometry, created under chapter 463.
253	8.  The Board of Nursing, created under part I of chapter
254	464.
255	9.  Nursing assistants, as provided under part II of
256	chapter 464.
257	10.  The Board of Pharmacy, created under chapter 465.
258	11.  The Board of Dentistry, created under chapter 466.
259	12.  Midwifery, as provided under chapter 467.
260	13.  The Board of Speech-Language Pathology and Audiology,
261	created under part I of chapter 468.
262	14.  The Board of Nursing Home Administrators, created
263	under part II of chapter 468.
264	15.  The Board of Occupational Therapy, created under part
265	III of chapter 468.
266	16.  Respiratory therapy, as provided under part V of
267	chapter 468.
268	17.  Dietetics and nutrition practice, as provided under
269	part X of chapter 468.
270	18.  The Board of Athletic Training, created under part
271	XIII of chapter 468.
272	19.  The Board of Orthotists and Prosthetists, created
273	under part XIV of chapter 468.
274	20.  The Board of Genetic Counselors, created under part XV
275	of chapter 468.
276	21.20.  Electrolysis, as provided under chapter 478.
277	22.21.  The Board of Massage Therapy, created under chapter
278	480.
279	23.22.  The Board of Clinical Laboratory Personnel, created
280	under part III of chapter 483.
281	24.23.  Medical physicists, as provided under part IV of
282	chapter 483.
283	25.24.  The Board of Opticianry, created under part I of
284	chapter 484.
285	26.25.  The Board of Hearing Aid Specialists, created under
286	part II of chapter 484.
287	27.26.  The Board of Physical Therapy Practice, created
288	under chapter 486.
289	28.27.  The Board of Psychology, created under chapter 490.
290	29.28.  School psychologists, as provided under chapter
291	490.
292	30.29.  The Board of Clinical Social Work, Marriage and
293	Family Therapy, and Mental Health Counseling, created under
294	chapter 491.
295	Section 3.  Subsection (4) of section 456.001, Florida
296	Statutes, is amended to read:
297	456.001  Definitions.--As used in this chapter, the term:
298	(4)  "Health care practitioner" means any person licensed
299	under chapter 457; chapter 458; chapter 459; chapter 460;
300	chapter 461; chapter 462; chapter 463; chapter 464; chapter 465;
301	chapter 466; chapter 467; part I, part II, part III, part V,
302	part X, part XIII, or part XIV, or part XV of chapter 468;
303	chapter 478; chapter 480; part III or part IV of chapter 483;
304	chapter 484; chapter 486; chapter 490; or chapter 491.
305	Section 4.  This act shall take effect October 1, 2005.

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