GENETIC COUNSELING:  REQUIRE LICENSURE

House Bill 4756

Sponsor:  Rep. Mike Callton

Committee:  Health Policy

Complete to 6-29-11

A SUMMARY OF HOUSE BILL 4756 AS INTRODUCED 6-15-11

House Bill 4756 would add Part 186, entitled "Genetic Counseling," to the Public Health Code.  Beginning January 1, 2014, an individual could not engage in the practice of genetic counseling without being licensed under Part 186.

Definition of genetic counseling

A "genetic counselor" would mean an individual licensed under Part 186 to engage in the practice of genetic counseling.  The "practice of genetic counseling" would be defined as the providing of any of the following services:

** Obtaining and interpreting individual, family, and medical histories to determine the genetic risk for genetic or medical conditions or diseases in a client, the client's descendants, or other family members of the client.

** Discussing the features, natural history, means of diagnoses, genetic and environmental factors, and management of the genetic risks of genetic or medical conditions or diseases.

** Identifying and coordinating appropriate genetic laboratory tests and other diagnostic studies for genetic assessment of a client.

** Integrating genetic laboratory tests results and other diagnostic studies with personal and family medical history to assess and communicate a client's risk factors for genetic or medical conditions or diseases.

** Explaining the clinical implications of genetic laboratory tests and other diagnostic studies and their results.

** Evaluating the responses of a client and the client's family to a genetic or medical condition or disease or to the risk of recurrence of that condition or disease and providing client-centered counseling and anticipatory guidance.

** Identifying and utilizing community resources that provide medical, educational, financial, and psychosocial support and advocacy.

** Providing written documentation of medical, genetic, and counseling information for families and health care professionals.

Exemptions from the bill

Part 186 would not apply to state-licensed health professionals when acting within the scope of their health professions and doing work of a nature consistent with their training.

Licensing requirements

An individual would have to submit an application prescribed by the board, pay the licensing and application fees, and provide satisfactory evidence of having current certification through a nationally recognized certifying agency for genetic counselors or medical geneticists approved by the board.  

As a condition of renewal, a licensee would have to present satisfactory evidence to the board that in the period since the license was issued or last renewed the licensee maintained certification through a nationally recognized certifying agency approved by the board.

Temporary licenses

A temporary licensed genetic counselor would have to work under the supervision of a genetic counselor or a physician at all times while engaged in the practice of genetic counseling.

License fees

Fees for engaging in the practice of genetic counseling would be $40 for the license application processing fee; $150 annually for the license fee; and $50 per year for a temporary license.

Protected titles 

Only a person licensed under Part 186 could use, whether in connection with his or her name or place of business, the following titles:  genetic counselor, licensed genetic counselor, gene counselor, genetic consultant, genetic associate, or any words, letters, abbreviations, or insignia that indicated or implied a person held a license to engage in the practice of genetic counseling.

Michigan Board of Genetic Counseling

The Michigan Board of Genetic Counseling would be created in the Department of Licensing and Regulatory Affairs (LARA).  The board would comprise five genetic counselors, one physician board certified in genetics by a nationally recognized certifying agency for physicians, and three public members.  Members would serve four-year terms, with the terms staggered for the initial members.  The board would be required to perform any other requirements of Article 15 of the code in addition to other functions and duties as necessary to carry out Part 186.

Minimum standards in rules

Rules specifying the minimum standards for licensure, temporary licensure, and license renewal would be promulgated by the department in consultation with the board.  The department, in consultation with the board, could adopt by reference the professional standards and continuous professional education standards issued by a nationally recognized certifying agency for genetic counselors. 

MCL 333.16340 et al.

FISCAL IMPACT:

There are between 70 and 80 certified genetics counselors in the state, according to figures from the American Board of Genetics Counselors (ABGC), the National Society of Genetics Counselors, and the Michigan Association of Genetics Counselors.  Accordingly, the bill would generate less than $15,000 in annual license revenue. 

 

Additionally, under Part 161 of the Public Health Code, members of the Michigan Board of Genetic Counseling would be entitled to per diem compensation, annually established by the Legislature, and travel and other expenses at a level established by the Department of Technology, Management, and Budget (DTMB).  For the last several years, the annual appropriations acts for the Department of Licensing and Regulatory Affairs (or, previously, the Department of Community Health) have not set per diem compensation for the members of the various occupational regulatory boards, so it is expected that MBGC members would not receive any per diem compensation.    

 

The department indicates that it would require less than one full-time equivalent position to administer the licensure process, with the fee revenue expected to cover the costs of the bureau. 

                                                                                           Legislative Analyst:   Susan Stutzky

                                                                                                  Fiscal Analyst:   Mark Wolf

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.