2017-2018 Bill 264 Text of Previous Version (Jan. 19, 2017) - South Carolina Legislature Online

1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING CHAPTER 84 TO TITLE 40 SO AS TO 13 PROVIDE FOR THE REGULATION OF GENETIC 14 COUNSELORS; TO ESTABLISH THE BOARD OF GENETIC 15 COUNSELOR EXAMINERS; TO PROVIDE THE POWERS 16 AND DUTIES OF THE BOARD; TO DEFINE NECESSARY 17 TERMINOLOGY; TO PROVIDE PROCEDURES AND 18 CRITERIA FOR LICENSURE BY THE BOARD; TO PROVIDE 19 RELATED DUTIES OF THE DEPARTMENT OF LABOR, 20 LICENSING AND REGULATION; TO PROVIDE FOR THE 21 INVESTIGATION OF VIOLATIONS AND IMPOSITION OF 22 PENALTIES; AND TO PROVIDE CERTAIN EXEMPTIONS 23 FROM THE PROVISIONS OF THIS CHAPTER, AMONG 24 OTHER THINGS. 25 26 Be it enacted by the General Assembly of the State of South 27 Carolina: 28 29 SECTION 1. Title 40 of the 1976 Code is amended by adding: 30 31 “CHAPTER 84 32 33 Genetic Counselors 34 35 Section 408410. (A) There is created the Board of Genetic 36 Counselor Examiners to license genetic counselors under the 37 administration of the Department of Labor, Licensing and 38 Regulation. The purpose of this board is to protect the public 39 through the regulation of professionals who educate and 40 communicate with the public regarding the human problems 41 associated with the occurrence, or the risk of occurrence, of a

[264] 1 1 genetic disorder in a family, including the provision of services to 2 help an individual or family. 3 (B) The board consists of five members appointed by the 4 Governor with the advice and consent of the Senate. Four 5 members must be licensed genetic counselors, and one member 6 must represent the general public. The genetic counselor members 7 must have at least three years’ experience before being appointed 8 and while serving on the board be actively practicing in this State. 9 Members shall serve terms of four years and until their successors 10 are appointed and qualify. Vacancies must be filled in the manner 11 of the original appointment for the unexpired portion of the term. 12 13 Section 408420. As used in this chapter: 14 (1) ‘ABGC’ means the American Board of Genetic 15 Counseling, its successor or equivalent. 16 (2) ‘ABMG’ means the American Board of Medical Genetics, 17 its successor or equivalent. 18 (3) ‘ACGC’ means the Accreditation Council for Genetic 19 Counseling, its successor or equivalent. 20 (4) ‘Board’ means the State Board of Genetic Counselor 21 Examiners. 22 (5) ‘Department’ means the Department of Labor, Licensing 23 and Regulation. 24 (6) ‘Genetic counselor’ means a person who has met all the 25 conditions of this chapter and is licensed in this State to practice 26 genetic counseling. 27 (7) ‘Limited permittee’ means a person who obtains a limited 28 license by the board who meets all the requirements except the 29 examination, and whose activities are supervised and directed by a 30 supervisor. 31 (8) ‘NSGC’ means the National Society of Genetic Counselors, 32 its successor or equivalent. 33 (9) ‘Practice of genetic counseling’ means: 34 (a) obtain and evaluate individual, family, and medical 35 histories to determine genetic risk for genetic/medical conditions 36 and diseases in a patient, his offspring, and other family members; 37 (b) discuss the features, natural history, means of diagnosis, 38 genetic and environmental factors, and management of risk for 39 genetic/medical conditions and diseases; 40 (c) identify, order and coordinate genetic laboratory tests 41 and coordinate other diagnostic studies as appropriate for the 42 genetic assessment;

[264] 2 1 (d) integrate genetic laboratory test results and other 2 diagnostic studies with personal and family medical histories to 3 assess and communicate risk factors for genetic/medical conditions 4 and diseases; 5 (e) explain the clinical implications of genetic laboratory 6 tests and other diagnostic studies and their results; 7 (f) evaluate responses of the client and his family to the 8 condition or risk of recurrence and provide clientcentered 9 counseling and anticipatory guidance; 10 (g) identify and use community resources that provide 11 medical, educational, financial, and psychosocial support and 12 advocacy; and 13 (h) provide written documentation of medical, genetic, and 14 counseling information for families and health care professionals. 15 (10) ‘Student’ or ‘genetic counselor student’ means an 16 individual enrolled in a boardapproved genetic counselor program 17 while engaged in completing the clinical education requirement for 18 graduation. 19 (11) ‘Supervision’ means supervision provided by a licensed 20 genetic counselor or physician and shall mean the review of 21 genetic counseling and case management as appropriate that 22 include regular chart reviews of clients with the limited permittee 23 and the supervisor. 24 25 Section 408430. A person may not engage in the practice of 26 genetic counseling without a license issued in accordance with this 27 chapter. A person who practices as a genetic counselor without 28 being licensed under this chapter, whose license has been 29 suspended or revoked, or who uses in connection with his name 30 the words or letters ‘GC’, ‘LGC,’ or uses the title ‘gene counselor’, 31 ‘genetic associate’, ‘genetic counselor’, ‘genetic consultant’, or 32 ‘licensed genetic counselor’, or any other letters, words, or insignia 33 indicating or implying that he is a genetic counselor or who in any 34 other way, orally, in writing, in print, by sign directly or by 35 implication, represents himself as a genetic counselor without 36 being licensed by the board is subject to the penalties provided in 37 this chapter. 38 39 Section 408440. (A) A person desiring to be licensed as a 40 genetic counselor under this chapter shall apply to the department 41 on a form approved by the board. 42 (B) The board shall license an applicant who:

[264] 3 1 (1) has completed the application form and remitted the 2 required fees; 3 (2) is of good moral character; 4 (3) provides satisfactory documentation of having earned: 5 (a) a master’s degree from a genetic counseling training 6 program or an equivalent program as determined by the ACGS; or 7 (b) a doctoral degree from a medical genetics training 8 program that is accredited by the ABMG; and 9 (4) is certified as: 10 (a) a genetic counselor by the ABGC or the ABMG; or 11 (b) a medical or clinical geneticist by the ABMG. 12 (C) The board may issue a limited license to an applicant who 13 meets all of the requirements for licensure except the certification 14 requirement in this section and has obtained active candidate status 15 establishing eligibility to sit for the next available certification 16 examination administered by the ABGC or the ABMG. 17 (D) An applicant may be licensed pursuant to this chapter if he 18 demonstrates to the satisfaction of the board that he is licensed or 19 registered under the laws of another state, territory, or jurisdiction 20 of the United States which, in the opinion of the board, imposes 21 substantially the same licensing requirements as this chapter. 22 23 Section 408450. (A) The department shall renew a license upon 24 receipt of the renewal application and fee set by the board, not to 25 exceed three hundred dollars biannually. 26 (B) A renewal applicant shall provide documentation that he 27 continues to maintain certification required in Section 408440(B) 28 (4). 29 (C) The board shall require NSGCapproved course criteria, not 30 to exceed twentyfive hours biennially, as a condition for license 31 renewal. 32 (D) The board shall establish fees at levels which are adequate 33 to ensure the continued operation of the regulatory program under 34 this chapter. The board may not set or maintain the fees at a level 35 that will substantially exceed this need. 36 37 Section 408460. The Department of Labor, Licensing and 38 Regulation shall provide all administrative, fiscal, investigative, 39 inspectional, clerical, secretarial, and license renewal operations 40 and activities of the board in accordance with Chapter 1. 41 42 Section 408470. (A) The board may adopt rules governing its 43 proceedings and may promulgate regulations necessary to carry

[264] 4 1 out the provisions of this chapter including, but not limited to, 2 promulgation of regulations for the practice of genetic counseling, 3 and establishing disciplinary procedures. 4 (B) The board may have and use an official seal bearing the 5 words ‘State Board of Genetic Counselor Examiners in South 6 Carolina’. 7 8 Section 408480. The Department of Labor, Licensing and 9 Regulation shall investigate complaints and violations of this 10 chapter as provided in Chapter 1. The board may designate 11 individuals to serve as advisors to provide professional expertise to 12 inspectors or investigators. 13 14 Section 408490. For the purpose of an investigation or 15 proceeding under this chapter, the board or its designee may 16 subpoena witnesses, take evidence, and require the production of 17 documents or records which the board considers relevant to the 18 inquiry. 19 20 Section 4084100. In addition to other remedies provided in this 21 chapter or Chapter 1, the board in accordance with Section 401100 22 also may issue a cease and desist order or may petition an 23 administrative law judge for a temporary restraining order or other 24 equitable relief to enjoin a violation of this chapter. 25 26 Section 4084110. (A) In addition to other grounds provided in 27 Section 401110, the board, after notice and hearing, may restrict or 28 refuse to grant a license to an applicant and may refuse to renew 29 the license of a licensed person, and may suspend, revoke, or 30 otherwise restrict the license of a licensed person who: 31 (1) requests, receives, participates, or engages, directly or 32 indirectly, in the dividing, transferring, assigning, rebating, or 33 refunding of fees received for professional services or profits by 34 means of a credit or other valuable consideration including, but not 35 limited to, wages, an unearned commission, discount, or gratuity 36 with a person who referred a patient, or with a relative or business 37 associate of the referring person; 38 (2) has treated or undertaken to treat human ailments 39 otherwise than by a genetic counselor or has practiced genetic 40 counseling and failed to refer to a licensed medical doctor a patient 41 whose medical condition should have been determined at the time 42 of evaluation or treatment to be beyond the scope of practice of a 43 genetic counselor; or

[264] 5 1 (3) knowingly aided, assisted, procured, or advised a person 2 to practice genetic counseling contrary to this chapter or to 3 regulations promulgated by the board pursuant to this chapter or 4 knowingly performed an act which aids, assists, procures, or 5 advises an unlicensed person to practice genetic counseling. 6 (B)(1) An act or omission by a licensee causing the denial, 7 revocation, suspension, or restriction of a license to practice 8 genetic counseling in another state is sufficient for the issuance of 9 a formal complaint and the commencement of disciplinary 10 proceedings as provided in this section. Proof of an act or 11 omission may be shown by a copy of the transcript of record of the 12 disciplinary proceedings in another state or a copy of the final 13 order, consent order, or similar order stating the basis for the 14 action taken. This subsection only applies when the disciplinary 15 action taken in another state is based on grounds that would 16 constitute grounds for disciplinary action under subsection (A) and 17 Section 401110. 18 (2) Upon the filing of an initial complaint alleging that a 19 licensee has been disciplined in another state, the licensee must 20 submit to the board copies of all transcripts, documents, and orders 21 used, relied upon, or issued by the licensing authority in the other 22 state. Failure to submit these items within ninety days of the 23 board’s request results in the suspension of the individual’s license 24 to practice genetic counseling in this State until all of the items 25 have been provided to the board. 26 (3) A licensee may present mitigating testimony to the board 27 regarding disciplinary action taken in another state or evidence that 28 the acts or omissions committed in another state do not constitute 29 grounds for disciplinary action under subsection (A) and Section 30 401110. 31 (C) A complaint may be made in writing to the board or may be 32 made by the board on its own initiative. 33 (D) In enforcing the provisions of this chapter, the board, upon 34 reasonable grounds, may require a licensee or applicant to submit 35 to a mental or physical examination performed by a physician 36 designated by the board and including, but not limited to, 37 urinalysis and blood work to determine the presence of drugs. The 38 results of an examination are admissible in a hearing before the 39 board, notwithstanding a claim or privilege under a contrary rule 40 of law or statute. A person who accepts the privilege of practicing 41 genetic counseling in this State is considered to have consented to 42 submit to a mental or physical examination and to have waived all 43 objections to the admissibility of the results in a hearing before the

[264] 6 1 board upon the grounds that the same constitutes a privileged 2 communication. If a licensee or applicant fails to submit to an 3 examination when properly directed to do so by the board, unless 4 the failure was due to circumstances beyond the person’s control, 5 the board shall enter an order automatically suspending or denying 6 the license pending compliance and further order of the board. A 7 licensee or applicant who is prohibited from practicing genetic 8 counseling under this subsection must be afforded at reasonable 9 intervals the opportunity to demonstrate to the board the ability to 10 resume or begin the practice of genetic counseling with reasonable 11 skill and safety to patients. 12 (E) In enforcing the provisions of this chapter, the board upon 13 reasonable grounds may obtain records relating to the mental or 14 physical condition of a licensee or applicant including, but not 15 limited to, psychiatric records; and these records are admissible in 16 a hearing before the board, notwithstanding another provision of 17 law. A person who accepts the privilege of practicing genetic 18 counseling in this State or who files an application to practice 19 genetic counseling in this State is considered to have consented to 20 the board obtaining these records and to have waived all objections 21 to the admissibility of these records in a hearing before the board 22 upon the grounds that the same constitutes a privileged 23 communication. If a licensee or applicant refuses to sign a written 24 consent for the board to obtain these records when properly 25 requested by the board, unless the failure was due to circumstances 26 beyond the person’s control, the board shall enter an order 27 automatically suspending or denying the license pending 28 compliance and further order of the board. A licensee or applicant 29 who is prohibited from practicing genetic counseling under this 30 subsection must be afforded reasonable opportunity to demonstrate 31 to the board the ability to resume or begin the practice of genetic 32 counseling with reasonable skill and safety to patients. 33 34 Section 4084120. The board has jurisdiction over the actions 35 of licensees and former licensees as provided in Section 401115. 36 37 Section 4084130. In addition to the sanctions the board may 38 impose against a person pursuant to this chapter, the board may 39 take disciplinary action against a person as provided in Section 40 401120 and also may impose a civil penalty of not more than two 41 thousand dollars for each violation of this chapter or of a 42 regulation promulgated under this chapter, the total penalty not to 43 exceed ten thousand dollars.

[264] 7 1 2 Section 4084140. As provided in Section 401130, the board 3 may restrict or deny licensure to an applicant based on the same 4 grounds for which the board may take disciplinary action against a 5 licensee. 6 7 Section 4084150. A license may be denied based on a person’s 8 prior criminal record only as provided in Section 401140. 9 10 Section 4084160. A licensee under investigation for a violation 11 of this chapter or a regulation promulgated under this chapter may 12 voluntarily surrender the license in accordance with Section 13 401150. 14 15 Section 4084170. A person aggrieved by a final action of the 16 board may seek review of the decision in accordance with Section 17 401160. 18 19 Section 4084180. A person found in violation of this chapter or 20 a regulation promulgated pursuant to this chapter may be required 21 to pay costs associated with the investigation and prosecution of 22 the case in accordance with Section 401170. 23 24 Section 4084190. All costs and fines imposed pursuant to this 25 chapter must be paid in accordance with and are subject to the 26 collection and enforcement provisions of Section 401180. 27 28 Section 4084200. Investigations and proceedings conducted 29 under this chapter are confidential, and all communications are 30 privileged as provided in Section 401190. 31 32 Section 4084210. A person who engages in the practice of or 33 offers to engage in the practice of genetic counseling in the State in 34 violation of this chapter or who knowingly submits false 35 information to the board for the purpose of obtaining a license or 36 who violates another provision of this chapter is guilty of a 37 misdemeanor and, upon conviction, must be fined not more than 38 five hundred dollars or imprisoned not more than ninety days, or 39 both. Each violation is a separate offense. 40 41 Section 4084220. The department, on behalf of the board and 42 in accordance with Section 401120, may petition an administrative

[264] 8 1 law judge, in the name of the State, for injunctive relief against a 2 person violating this chapter. 3 4 Section 4084230. The provisions of this act do not apply to: 5 (1) a ‘genetic counselor student’ who is a student enrolled in a 6 boardapproved genetic counselor program while engaged in 7 completing the clinical education requirement for graduation under 8 the onsite supervision of a genetic counselor or physician who is 9 licensed to practice in this State; 10 (2) a genetic counselor licensed in another state who is 11 teaching or participating in special genetic counselor education 12 projects, nonprofit delivery of service from outside the state, 13 demonstrations, or courses in this State; 14 (3) a genetic counselor solely employed by the United States 15 Armed Services, United States Public Health Service, Veterans 16 Administration, or another federal agency and practicing within 17 the scope of employment; or 18 (4) a person licensed by the State to practice in a profession 19 such as a physician or nurse practitioner when acting within the 20 scope of the person’s profession and doing work of a nature 21 consistent with the person’s training. The person cannot not hold 22 himself out to the public as a genetic counselor. 23 24 Section 4084240. Nothing in this chapter may be construed to 25 authorize a licensed genetic counselor or another person to practice 26 medicine, surgery, osteopathy, homeopathy, chiropractic, 27 naturopathy, magnetic healing, or another form, branch, or method 28 of healing as authorized by the laws of this State. Nothing in this 29 chapter may be construed to restrict, inhibit, or limit the practice of 30 licensed physicians, nurse practitioners, or licensed physician 31 assistants.” 32 33 SECTION 2. If any section, subsection, paragraph, subparagraph, 34 sentence, clause, phrase, or word of this act is for any reason held 35 to be unconstitutional or invalid, such holding shall not affect the 36 constitutionality or validity of the remaining portions of this act, 37 the General Assembly hereby declaring that it would have passed 38 this act, and each and every section, subsection, paragraph, 39 subparagraph, sentence, clause, phrase, and word thereof, 40 irrespective of the fact that any one or more other sections, 41 subsections, paragraphs, subparagraphs, sentences, clauses, 42 phrases, or words hereof may be declared to be unconstitutional, 43 invalid, or otherwise ineffective.

[264] 9 1 2 SECTION 3. This act takes effect upon approval by the 3 Governor. 4 XX 5

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