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2021 - 2022 LEGISLATURE

2021 Senate BILL 259

March 31, 2021 - Introduced by Senators Testin, Darling, Erpenbach, Johnson, Larson, Pfaff and Wirch, cosponsored by Representatives Steffen, Rozar, Brostoff, Billings, Cabral-Guevara, Dittrich, Duchow, Goyke, Kitchens, Kuglitsch, Skowronski, Tittl and Wichgers. Referred to Committee on Insurance, Licensing and Forestry.

SB259,1,11 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: