LRB-2011/1
KP:kjf
2021 - 2022 LEGISLATURE
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
1An Act to renumber 252.14 (1) (ar) 4q., 448.970, subchapter VIII (title) of
2chapter 448 [precedes 448.980] and subchapter IX (title) of chapter 448
3[precedes 448.985];
to amend 15.085 (1m) (b), 49.45 (9r) (a) 7. b., 146.81 (1) (dg),
4146.997 (1) (d) 4., 155.01 (7), 252.14 (1) (ar) 4e., 446.01 (1v) (d), 448.956 (1m),
5448.956 (4), 450.10 (3) (a) 5., 451.02 (1) and 462.04; and
to create 15.406 (7),
648.981 (2) (a) 20m., 146.81 (1) (eu), 252.14 (1) (ar) 4s., 440.03 (13) (b) 30m.,
7440.08 (2) (a) 37m. and subchapter VIII of chapter 448 [precedes 448.970] of the
8statutes;
relating to: the regulation and licensure of genetic counselors,
9creating a genetic counselors affiliated credentialing board, providing an
10exemption from emergency rule procedures, granting rule-making authority,
11and 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
1Section
1. 15.085 (1m) (b) of the statutes is amended to read:
AB255,2,52
15.085
(1m) (b) The public members of the podiatry affiliated credentialing
3board
, or occupational therapists affiliated credentialing board
, or genetic
4counselors affiliated credentialing board shall not be engaged in any profession or
5occupation concerned with the delivery of physical or mental health care.
AB255,2
1Section
2. 15.406 (7) of the statutes is created to read:
AB255,3,52
15.406
(7) Genetic counselors affiliated credentialing board. There is
3created in the department of safety and professional services, attached to the medical
4examining board, a genetic counselors affiliated credentialing board consisting of the
5following members appointed for 4-year terms:
AB255,3,66
(a) Four genetic counselors who are licensed under subch. VIII of ch. 448.
AB255,3,87
(b) Two members who are licensed to practice medicine and surgery under
8subch. II of ch. 448, at least one of whom is a clinical geneticist.
AB255,3,99
(c) One public member.
AB255,3
10Section
3. 48.981 (2) (a) 20m. of the statutes is created to read:
AB255,3,1111
48.981
(2) (a) 20m. A genetic counselor.
AB255,4
12Section
4. 49.45 (9r) (a) 7. b. of the statutes is amended to read:
AB255,3,1413
49.45
(9r) (a) 7. b. A physical therapist who is licensed under subch. III of ch.
14448 or who holds a compact privilege under subch.
IX
X of ch. 448.
AB255,5
15Section
5. 146.81 (1) (dg) of the statutes is amended to read:
AB255,3,1816
146.81
(1) (dg) A physical therapist or physical therapist assistant who is
17licensed under subch. III of ch. 448 or who holds a compact privilege under subch.
18IX X of ch. 448.
AB255,6
19Section
6. 146.81 (1) (eu) of the statutes is created to read:
AB255,3,2020
146.81
(1) (eu) A genetic counselor licensed under subch. VIII of ch. 448.
AB255,7
21Section
7. 146.997 (1) (d) 4. of the statutes is amended to read:
AB255,3,2522
146.997
(1) (d) 4. A physician, podiatrist, or perfusionist, physical therapist,
23or physical therapist assistant
, or genetic counselor licensed under ch. 448 or a
24physical therapist or physical therapist assistant who holds a compact privilege
25under subch.
IX X of ch. 448.
AB255,8
1Section
8. 155.01 (7) of the statutes is amended to read:
AB255,4,132
155.01
(7) “Health care provider" means a nurse licensed or permitted under
3ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a
4physician, physician assistant, perfusionist, podiatrist, physical therapist, physical
5therapist assistant, occupational therapist,
or occupational therapy assistant
, or
6genetic counselor licensed under ch. 448, a person practicing Christian Science
7treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch.
8455, a physical therapist or physical therapist assistant who holds a compact
9privilege under subch.
IX X of ch. 448, a partnership thereof, a corporation or limited
10liability company thereof that provides health care services, a cooperative health
11care association organized under s. 185.981 that directly provides services through
12salaried employees in its own facility, or a home health agency, as defined in s. 50.49
13(1) (a).
AB255,9
14Section
9. 252.14 (1) (ar) 4e. of the statutes is amended to read:
AB255,4,1715
252.14
(1) (ar) 4e. A physical therapist or physical therapist assistant who is
16licensed under subch. III of ch. 448 or who holds a compact privilege under subch.
17IX X of ch. 448.
AB255,10
18Section
10. 252.14 (1) (ar) 4q. of the statutes is renumbered 252.14 (1) (ar) 4n.
AB255,11
19Section
11. 252.14 (1) (ar) 4s. of the statutes is created to read:
AB255,4,2020
252.14
(1) (ar) 4s. A genetic counselor licensed under subch. VIII of ch. 448.
AB255,12
21Section
12. 440.03 (13) (b) 30m. of the statutes is created to read:
AB255,4,2222
440.03
(13) (b) 30m. Genetic counselor.
AB255,13
23Section
13. 440.08 (2) (a) 37m. of the statutes is created to read:
AB255,4,2424
440.08
(2) (a) 37m. Genetic counselor: November 1 of each odd-numbered year.
AB255,14
25Section
14. 446.01 (1v) (d) of the statutes is amended to read:
AB255,5,3
1446.01
(1v) (d) Physical therapy examining board under subch. III of ch. 448.
2“Health care professional” also includes an individual who holds a compact privilege
3under subch.
IX X of ch. 448.
AB255,15
4Section
15. 448.956 (1m) of the statutes is amended to read:
AB255,5,115
448.956
(1m) Subject to sub. (1) (a), a licensee may provide athletic training
6to an individual without a referral, except that a licensee may not provide athletic
7training as described under s. 448.95 (5) (d) or (e) in an outpatient rehabilitation
8setting unless the licensee has obtained a written referral for the individual from a
9practitioner licensed or certified under subch. II, III, IV, V, or VII of this chapter;
10under ch. 446; or under s. 441.16 (2) or from a practitioner who holds a compact
11privilege under subch.
IX X of ch. 448.
AB255,16
12Section
16. 448.956 (4) of the statutes is amended to read:
AB255,5,1813
448.956
(4) If a licensee or the consulting physician of the licensee determines
14that a patient's medical condition is beyond the scope of practice of the licensee, the
15licensee shall, in accordance with the protocol established under sub. (1) (a), refer the
16patient to a health care practitioner who is licensed under ch. 446 or 447 or subch.
17II, III or IV of ch. 448; or who holds a compact privilege under subch.
IX X of ch. 448
18and who can provide appropriate treatment to the patient.
AB255,17
19Section
17. Subchapter VIII of chapter 448 [precedes 448.970] of the statutes
20is created to read:
AB255,5,2222
subchapter VIII
AB255,5,2323
genetic counselors affiliated
AB255,5,2424
credentialing board
AB255,5,25
25448.970 Definitions. In this subchapter:
AB255,6,4
1(1) “Accreditation Council for Genetic Counseling,” “American Board of
2Genetic Counseling," “American Board of Medical Genetics and Genomics,” and
3“National Society of Genetic Counselors” include an equivalent successor
4organization as determined by the board.
AB255,6,5
5(2) “Board" means the genetic counselors affiliated credentialing board.
AB255,6,6
6(3) “Genetic counseling” means to do any of the following:
AB255,6,97
(a) Obtain and evaluate individual, family, and medical histories to determine
8genetic risk for genetic or medical conditions and diseases in a patient, a patient's
9offspring, and other family members.
AB255,6,1210
(b) Discuss the features, natural history, means of diagnosis, genetic and
11environmental factors, and management of risk for genetic or medical conditions and
12diseases.
AB255,6,1413
(c) Identify, coordinate, and order genetic laboratory tests as appropriate for a
14genetic assessment.
AB255,6,1715
(d) Integrate genetic laboratory test results with personal and family medical
16history to assess and communicate risk factors for genetic or medical conditions and
17diseases.
AB255,6,1918
(e) Explain the clinical implications of genetic laboratory tests and other
19diagnostic studies and their results.
AB255,6,2120
(f) Evaluate a patient's or family's responses to the condition or risk of
21recurrence and provide patient-centered counseling and anticipatory guidance.
AB255,6,2322
(g) Provide written documentation of medical, genetic, and counseling
23information for families and health care professionals.
AB255,6,25
24(4) “Genetic counselor" means an individual who is licensed by the board to
25practice genetic counseling.
AB255,7,3
1448.971 License required; exceptions. (1) (a) Except as provided in sub.
2(2), no person may practice genetic counseling unless the person is licensed under
3this subchapter.
AB255,7,104
(b) No person may designate himself or herself as a genetic counselor or use or
5assume the title “genetic associate," “genetic counselor," “licensed genetic counselor,"
6or “registered genetic counselor," or append to the person's name the letters “G.A.,"
7“G.C.," “L.G.C.," or “R.G.C.," or use any insignia or designation that would imply that
8the individual is licensed or certified or registered as a genetic counselor, or claim to
9render genetic counseling services unless the person is licensed under this
10subchapter.
AB255,7,12
11(2) A license is not required under this subchapter for any of the following if
12the person does not claim to be a genetic counselor:
AB255,7,1513
(a) Any person, such as a physician, who is lawfully practicing within the scope
14of a license, permit, registration, or certification granted by this state or the federal
15government.
AB255,7,1716
(b) Any person assisting a genetic counselor in practice under the direct,
17on-premises supervision of the genetic counselor.
AB255,7,2018
(c) A student of genetic counseling assisting a genetic counselor in the practice
19of genetic counseling if the assistance is within the scope of the student's education
20or training.
AB255,8,221
(d) A person who is licensed to practice genetic counseling in another state or
22country and who is providing consulting services in this state on a temporary basis,
23as determined by the board by rule, if the person notifies the board that he or she will
24be providing consulting services and of the nature and date of those services and
1receives authorization from the board to provide consulting services on a temporary
2basis under this paragraph.
AB255,8,53
(e) A person who is not licensed to practice genetic counseling in another state
4or country and who is providing consulting services in this state on a temporary
5basis, as determined by the board by rule, if the person satisfies all of the following: