AB255: Bill Text

2021 Assembly BILL 255

April 8, 2021 - Introduced by Representatives Steffen, Rozar, Brostoff, Billings, Cabral-Guevara, Dittrich, Duchow, Goyke, Kitchens, Kuglitsch, Skowronski, Tittl and Wichgers, cosponsored by Senators Testin, Darling, Erpenbach, Johnson, Larson, Pfaff and Wirch. Referred to Committee on Regulatory Licensing Reform.

AB255,1,11 An Act to renumber 252.14 (1) (ar) 4q., 448.970, subchapter VIII (title) of chapter 448 [precedes 448.980] and subchapter IX (title) of chapter 448 [precedes 448.985]; to amend 15.085 (1m) (b), 49.45 (9r) (a) 7. b., 146.81 (1) (dg), 146.997 (1) (d) 4., 155.01 (7), 252.14 (1) (ar) 4e., 446.01 (1v) (d), 448.956 (1m), 448.956 (4), 450.10 (3) (a) 5., 451.02 (1) and 462.04; and to create 15.406 (7), 48.981 (2) (a) 20m., 146.81 (1) (eu), 252.14 (1) (ar) 4s., 440.03 (13) (b) 30m., 440.08 (2) (a) 37m. and subchapter VIII of chapter 448 [precedes 448.970] of the statutes; relating to: the regulation and licensure of genetic counselors, creating a genetic counselors affiliated credentialing board, providing an exemption from emergency rule procedures, granting rule-making authority, and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill provides for regulation and licensing for the practice of genetic counseling.

Under the bill, subject to certain exceptions, no one may practice genetic counseling, as defined in the bill, or use the title “genetic counselor” or make similar representations without a license to practice genetic counseling. A license is granted by the seven-member Genetic Counselors Affiliated Credentialing Board, created in the bill. Under the bill, the board is attached for limited purposes to the Medical Examining Board, which regulates physicians and certain other professions.

Under the bill, the board may grant an initial license to a person who has successfully completed academic requirements for genetic counseling specified in the bill, has passed an examination specified in the bill, is certified by the American Board of Genetic Counseling, does not have an arrest or conviction record, and pays a fee. The bill also allows the board, for three months after the requirement in the bill to obtain a license goes into effect, to grant an initial license to practice genetic counseling to certain individuals who cannot satisfy all of the requirements described above but who satisfy certain experience and other requirements. Biennial renewal of a license requires completion of at least 30 hours of continuing education and maintenance of certification or recertification through the American Board of Genetic Counseling. The bill also includes provisions for the unlicensed temporary practice of genetic counseling and temporary licenses to practice genetic counseling.

The bill requires the board to promulgate rules to adopt the National Society of Genetic Counselors code of ethics to govern the professional conduct of genetic counselors, establish licensure renewal requirements, and establish criteria for the approval of continuing education programs and courses.

The bill includes provisions for the professional discipline of licensees, which allow the board to take certain actions against a licensee who violates certain prohibitions in the bill.

Finally, the bill also applies certain other laws, such as the law providing for confidentiality of health care records and the health care workers whistleblowers protection law, to licensed genetic counselors.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB255,1 Section 1. 15.085 (1m) (b) of the statutes is amended to read:

AB255,2,5 15.085 (1m) (b) The public members of the podiatry affiliated credentialing board, or occupational therapists affiliated credentialing board, or genetic counselors affiliated credentialing board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

AB255,2 Section 2. 15.406 (7) of the statutes is created to read:

AB255,3,5 15.406 (7) Genetic counselors affiliated credentialing board. There is created in the department of safety and professional services, attached to the medical examining board, a genetic counselors affiliated credentialing board consisting of the following members appointed for 4-year terms:

AB255,3,6 (a) Four genetic counselors who are licensed under subch. VIII of ch. 448.

AB255,3,8 (b) Two members who are licensed to practice medicine and surgery under subch. II of ch. 448, at least one of whom is a clinical geneticist.

AB255,3,9 (c) One public member.

AB255,3 Section 3. 48.981 (2) (a) 20m. of the statutes is created to read:

AB255,3,11 48.981 (2) (a) 20m. A genetic counselor.

AB255,4 Section 4. 49.45 (9r) (a) 7. b. of the statutes is amended to read:

AB255,3,14 49.45 (9r) (a) 7. b. A physical therapist who is licensed under subch. III of ch. 448 or who holds a compact privilege under subch. IX X of ch. 448.

AB255,5 Section 5. 146.81 (1) (dg) of the statutes is amended to read:

AB255,3,18 146.81 (1) (dg) A physical therapist or physical therapist assistant who is licensed under subch. III of ch. 448 or who holds a compact privilege under subch. IX X of ch. 448.

AB255,6 Section 6. 146.81 (1) (eu) of the statutes is created to read:

AB255,3,20 146.81 (1) (eu) A genetic counselor licensed under subch. VIII of ch. 448.

AB255,7 Section 7. 146.997 (1) (d) 4. of the statutes is amended to read:

AB255,3,25 146.997 (1) (d) 4. A physician, podiatrist, or perfusionist, physical therapist, or physical therapist assistant, or genetic counselor licensed under ch. 448 or a physical therapist or physical therapist assistant who holds a compact privilege under subch. IX X of ch. 448.

AB255,8 Section 8. 155.01 (7) of the statutes is amended to read:

AB255,4,13 155.01 (7) “Health care provider" means a nurse licensed or permitted under ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician, physician assistant, perfusionist, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant, or genetic counselor licensed under ch. 448, a person practicing Christian Science treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch. 455, a physical therapist or physical therapist assistant who holds a compact privilege under subch. IX X of ch. 448, a partnership thereof, a corporation or limited liability company thereof that provides health care services, a cooperative health care association organized under s. 185.981 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).

AB255,9 Section 9. 252.14 (1) (ar) 4e. of the statutes is amended to read:

AB255,4,17 252.14 (1) (ar) 4e. A physical therapist or physical therapist assistant who is licensed under subch. III of ch. 448 or who holds a compact privilege under subch. IX X of ch. 448.

AB255,10 Section 10. 252.14 (1) (ar) 4q. of the statutes is renumbered 252.14 (1) (ar) 4n.

AB255,11 Section 11. 252.14 (1) (ar) 4s. of the statutes is created to read:

AB255,4,20 252.14 (1) (ar) 4s. A genetic counselor licensed under subch. VIII of ch. 448.

AB255,12 Section 12. 440.03 (13) (b) 30m. of the statutes is created to read:

AB255,4,22 440.03 (13) (b) 30m. Genetic counselor.

AB255,13 Section 13. 440.08 (2) (a) 37m. of the statutes is created to read:

AB255,4,24 440.08 (2) (a) 37m. Genetic counselor: November 1 of each odd-numbered year.

AB255,14 Section 14. 446.01 (1v) (d) of the statutes is amended to read:

AB255,5,3 446.01 (1v) (d) Physical therapy examining board under subch. III of ch. 448. “Health care professional” also includes an individual who holds a compact privilege under subch. IX X of ch. 448.

AB255,15 Section 15. 448.956 (1m) of the statutes is amended to read:

AB255,5,11 448.956 (1m) Subject to sub. (1) (a), a licensee may provide athletic training to an individual without a referral, except that a licensee may not provide athletic training as described under s. 448.95 (5) (d) or (e) in an outpatient rehabilitation setting unless the licensee has obtained a written referral for the individual from a practitioner licensed or certified under subch. II, III, IV, V, or VII of this chapter; under ch. 446; or under s. 441.16 (2) or from a practitioner who holds a compact privilege under subch. IX X of ch. 448.

AB255,16 Section 16. 448.956 (4) of the statutes is amended to read:

AB255,5,18 448.956 (4) If a licensee or the consulting physician of the licensee determines that a patient's medical condition is beyond the scope of practice of the licensee, the licensee shall, in accordance with the protocol established under sub. (1) (a), refer the patient to a health care practitioner who is licensed under ch. 446 or 447 or subch. II, III or IV of ch. 448; or who holds a compact privilege under subch. IX X of ch. 448 and who can provide appropriate treatment to the patient.

AB255,17 Section 17. Subchapter VIII of chapter 448 [precedes 448.970] of the statutes is created to read:

AB255,5,21 chapter 448

AB255,5,22 subchapter VIII

AB255,5,23 genetic counselors affiliated

AB255,5,24 credentialing board

AB255,5,25 448.970 Definitions. In this subchapter:

AB255,6,4 (1) “Accreditation Council for Genetic Counseling,” “American Board of Genetic Counseling," “American Board of Medical Genetics and Genomics,” and “National Society of Genetic Counselors” include an equivalent successor organization as determined by the board.

AB255,6,5 (2) “Board" means the genetic counselors affiliated credentialing board.

AB255,6,6 (3) “Genetic counseling” means to do any of the following:

AB255,6,9 (a) Obtain and evaluate individual, family, and medical histories to determine genetic risk for genetic or medical conditions and diseases in a patient, a patient's offspring, and other family members.

AB255,6,12 (b) Discuss the features, natural history, means of diagnosis, genetic and environmental factors, and management of risk for genetic or medical conditions and diseases.

AB255,6,14 (c) Identify, coordinate, and order genetic laboratory tests as appropriate for a genetic assessment.

AB255,6,17 (d) Integrate genetic laboratory test results with personal and family medical history to assess and communicate risk factors for genetic or medical conditions and diseases.

AB255,6,19 (e) Explain the clinical implications of genetic laboratory tests and other diagnostic studies and their results.

AB255,6,21 (f) Evaluate a patient's or family's responses to the condition or risk of recurrence and provide patient-centered counseling and anticipatory guidance.

AB255,6,23 (g) Provide written documentation of medical, genetic, and counseling information for families and health care professionals.

AB255,6,25 (4) “Genetic counselor" means an individual who is licensed by the board to practice genetic counseling.

AB255,7,3 448.971 License required; exceptions. (1) (a) Except as provided in sub. (2), no person may practice genetic counseling unless the person is licensed under this subchapter.

AB255,7,10 (b) No person may designate himself or herself as a genetic counselor or use or assume the title “genetic associate," “genetic counselor," “licensed genetic counselor," or “registered genetic counselor," or append to the person's name the letters “G.A.," “G.C.," “L.G.C.," or “R.G.C.," or use any insignia or designation that would imply that the individual is licensed or certified or registered as a genetic counselor, or claim to render genetic counseling services unless the person is licensed under this subchapter.

AB255,7,12 (2) A license is not required under this subchapter for any of the following if the person does not claim to be a genetic counselor:

AB255,7,15 (a) Any person, such as a physician, who is lawfully practicing within the scope of a license, permit, registration, or certification granted by this state or the federal government.

AB255,7,17 (b) Any person assisting a genetic counselor in practice under the direct, on-premises supervision of the genetic counselor.

AB255,7,20 (c) A student of genetic counseling assisting a genetic counselor in the practice of genetic counseling if the assistance is within the scope of the student's education or training.

AB255,8,2 (d) A person who is licensed to practice genetic counseling in another state or country and who is providing consulting services in this state on a temporary basis, as determined by the board by rule, if the person notifies the board that he or she will be providing consulting services and of the nature and date of those services and receives authorization from the board to provide consulting services on a temporary basis under this paragraph.

AB255,8,5 (e) A person who is not licensed to practice genetic counseling in another state or country and who is providing consulting services in this state on a temporary basis, as determined by the board by rule, if the person satisfies all of the following:

AB255,8,7 1. The person is certified by the American Board of Genetic Counseling or the American Board of Medical Genetics and Genomics.

AB255,8,9 2. The person notifies the board that he or she will be providing consulting services and of the nature and date of those services.

AB255,8,11 3. The person receives authorization from the board to provide consulting services on a temporary basis under this paragraph.

AB255,8,13 448.973 Duties and powers of board. The board shall promulgate rules to do all of the following:

AB255,8,15 (1) Adopt the National Society of Genetic Counselors code of ethics as a code of ethics governing the professional conduct of genetic counselors.

AB255,8,17 (2) Establish criteria for the approval of continuing education programs and courses required for renewal of a genetic counselor license.

AB255,8,19 (3) Establish requirements for an applicant seeking renewal of a genetic counselor license, including that an applicant has satisfied all of the following:

AB255,8,21 (a) Successfully completed at least 30 hours of continuing education in the prior 2-year period.

AB255,8,23 (b) Maintained certification from and, if applicable, achieved recertification through the American Board of Genetic Counseling.

AB255,8,25 (4) Adopt a definition of “temporary basis" for purposes of s. 448.971 (2) (d) and (e).

AB255,9,3 448.974 Licensure of genetic counselors. (1) Except as provided in sub. (2), the board shall grant a license as a genetic counselor to an applicant who does all of the following:

AB255,9,5 (a) Submits an application for the license to the department on a form provided by the department.