MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Public Health and Human Services
By: Representative McGee
AN ACT TO BE KNOWN AS THE MISSISSIPPI GENETIC COUNSELOR PRACTICE ACT; TO PROVIDE FOR THE LICENSURE AND REGULATION OF GENETIC COUNSELORS BY THE STATE BOARD OF HEALTH; TO DEFINE CERTAIN TERMS AND DEFINE THE SCOPE OF PRACTICE OF GENETIC COUNSELING; TO PROVIDE THAT FROM AND AFTER JANUARY 1, 2025, A LICENSE ISSUED UNDER THIS ACT IS REQUIRED TO ENGAGE IN THE PRACTICE OF GENETIC COUNSELING; TO PROHIBIT PERSONS FROM HOLDING THEMSELVES OUT AS GENETIC COUNSELORS UNLESS THEY ARE LICENSED IN ACCORDANCE WITH THIS ACT; TO PRESCRIBE THE MINIMUM QUALIFICATIONS FOR GENETIC COUNSELING LICENSURE; TO PROVIDE FOR RECIPROCAL LICENSURE FOR PERSONS WHO ARE LICENSED OR REGISTERED AS A GENETIC COUNSELOR UNDER THE LAWS OF ANOTHER STATE; TO AUTHORIZE THE BOARD TO GRANT PROVISIONAL GENETIC COUNSELOR LICENSES FOR PERSONS WHO HAVE BEEN GRANTED ACTIVE CANDIDATE STATUS; TO PRESCRIBE CONTINUING EDUCATION REQUIREMENTS FOR LICENSEES; TO PROVIDE EXEMPTIONS FROM LICENSURE FOR CERTAIN PERSONS; TO CREATE THE MISSISSIPPI COUNCIL OF ADVISORS IN GENETIC COUNSELING TO ADVISE THE BOARD AND DEPARTMENT ON MATTERS RELATING TO THE ADMINISTRATION AND INTERPRETATION OF THE PROVISIONS OF THIS ACT; TO PRESCRIBE THE POWERS AND DUTIES OF THE BOARD IN ADMINISTERING THE PROVISIONS OF THIS ACT; TO AUTHORIZE THE BOARD TO DENY, SUSPEND OR REVOKE LICENSES FOR CERTAIN CONDUCT; TO AUTHORIZE THE BOARD TO RECEIVE AND PROCESS COMPLAINTS AND INVESTIGATE ALLEGATIONS OR PRACTICES VIOLATING THE PROVISIONS OF THIS ACT; TO AUTHORIZE THE BOARD TO SEEK INJUNCTIVE RELIEF TO PROHIBIT PERSONS FROM PROVIDING SERVICES AS A GENETIC COUNSELOR WITHOUT BEING LICENSED UNDER THIS ACT; TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Short Title. This chapter shall be known and may be cited as the Mississippi Genetic Counselor Practice Act.
SECTION 2. Definitions. For the purposes of this chapter, the following terms shall have the meanings as defined in this section:
(a) "Board" means the State Board of Health.
(b) "Department" means the State Department of Health.
(c) "Advisory Council" means the Mississippi Council of Advisors in Genetic Counseling established in this chapter.
(d) "ABGC" means the American Board of Genetic Counseling, its successor or equivalent.
(e) "ABMG" means the American Board of Medical Genetics, its successor or equivalent.
(f) "NSGC" means the National Society of Genetic Counselors, its successor or equivalent.
(g) "Active candidate status (ACS)" means a person who has met the requirements established by the ABGC to take the ABGC certification examination in general genetics and genetic counseling and has been granted this designation by ABGC.
(h) "CEU" means continuing education unit as defined by the NSGC.
(i) "Licensed genetic counselor" means a person licensed under this chapter and regulations promulgated under this chapter.
(j) "Provisionally licensed genetic counselor" means a person provisionally licensed under this chapter and regulations promulgated under this chapter.
(k) "Examination for licensure" means the ABGC or ABMG certification exam.
(l) "Genetic counseling intern" means a student enrolled in a genetic counseling program accredited by ABGC or ABMG.
(m) "License" means the document of licensure issued by the board.
SECTION 3. Scope of practice. The practice of "genetic counseling" means the provision of services by an individual who qualifies for a license under this chapter. It includes:
(a) Obtaining and interpreting individual, family, medical, and developmental histories;
(b) Determining the mode of inheritance and risk of transmission of genetic conditions and birth defects;
(c) Discussing the inheritance, features, natural history, means of diagnosis, and management of these conditions;
(d) Identifying, ordering, coordinating, and explaining the clinical implications of genetic laboratory tests and other diagnostic studies;
(e) Assessing psychosocial factors, and recognizing social, educational and cultural issues;
(f) Evaluating the client's or family's responses to the condition or risk of recurrence and provide client-centered counseling and anticipatory guidance;
(g) Communicating information to their clients in an understandable manner;
(h) Facilitating informed decision making about testing and management;
(i) Identifying and effectively using community resources that provide medical, educational, financial, and psychosocial support and advocacy; and
(j) Providing accurate written documentation of medical, genetic, and counseling information for families and health care professionals.
SECTION 4. Licensure required. (1) The board shall establish a licensure process no later than January 1, 2025. After the time that the licensure process is established, a license issued under this chapter is required to engage in the practice of genetic counseling. Genetic counselors who are practicing in Mississippi on July 1, 2024, are allowed to continue their current practice until the licensure process is established by the board, at such time they shall be required to seek licensure.
(2) Except in the case of a provisional genetic counselor license issued under Section 6 of this act, all licenses shall be issued for a two-year period upon the payment of the licensing fee prescribed by the board, and shall be renewed upon the filing of a renewal application and the payment of the licensing renewal fee.
(3) A genetic counselor whose license is suspended or revoked or whose surrender of license with or without prejudice has been accepted by the board shall promptly deliver the original license and current biennial registration to the board.
(4) No person shall hold himself or herself out as a genetic counselor unless he or she is licensed in accordance with this chapter. No person who is not so licensed may use, in connection with his or her name or place of business, the title "genetic counselor", "licensed genetic counselor", "gene counselor", "genetic consultant", "genetic associate" or any words, letters, abbreviations or insignia indicating or implying that a person holds a genetic counseling license.
SECTION 5. Qualifications for licensure. (1) The board shall require the following as a minimum to qualify for genetic counseling licensure. Each applicant under this chapter shall:
(a) Submit an application prescribed by the board;
(b) Pay a fee determined by the board;
(c) Provide satisfactory evidence of having certification as a:
(i) Genetic counselor by the ABGC or ABMG; or
(ii) Geneticist by the ABMG; and
(d) Meet educational requirements, which shall include a bachelor's and master's degree.
(2) An applicant who is licensed or registered as a genetic counselor under the laws of another state, territory or jurisdiction of the United States, which in the opinion of the board imposes substantially the same licensing requirements as this chapter may be licensed under this chapter. The issuance of a license by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2, as applicable.
(3) The board may provide for the late renewal of a license upon the payment of a late fee in accordance with its rules and regulations, but no such late renewal of a license may be granted more than one (1) year after its expiration.
(4) A suspended license shall be subject to expiration and may be renewed as provided in this section, but such renewal shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity, or in any other conduct or activity in violation of the order of judgment by which the license was suspended. If a license revoked on disciplinary grounds is reinstated, the licensee, as a condition of reinstatement, shall pay the renewal fee and any late fee that may be applicable.
(5) An individual who does not otherwise qualify for licensure under this chapter but who has worked as a genetic counselor for a minimum of ten (10) years before July 1, 2024, may apply to the board for licensure but shall provide documentation of the following:
(a) A master's or higher degree in genetics or related field of study;
(b) Has never failed the ABMG/ABGC certification examination;
(c) Three (3) letters of recommendation from at least one (1) genetic counselor who qualifies for licensure under this chapter, and either a clinical geneticist certified by ABMG or medical geneticist certified by ABMG. All individuals submitting letters of recommendation must have worked with the applicant in an employment setting during the last five (5) years and can attest to the applicant's competency in providing genetic counseling services; and
(d) Attendance of NSGC/ABGC approved CEU programs within the last five (5) years.
SECTION 6. Provisional licensed genetic counselor. (1) The board may grant a provisional genetic counselor license to a person who has been granted ACS:
(a) Upon filing an approved application with the board; and
(b) Payment of a fee to be determined by the board.
(2) Such license shall be valid for one (1) year from the date of its issue and may be renewed for an additional one (1) year if an applicant fails the ABGC or ABMG certification exam.
(3) Such provisional license shall expire automatically upon the earliest of the following:
(a) Issuance of a full license;
(b) Thirty (30) days after the applicant fails to pass the certification examination; or
(c) The date printed on the temporary license.
(4) A provisionally licensed genetic counselor must work under the general supervision of a licensed genetic counselor or a licensed physician at all times during which the provisional licensed genetic counselor performs genetic counseling.
SECTION 7. Continuing Education Requirements. (1) Each applicant shall present satisfactory evidence when seeking license renewal that in the period since the license was issued or last renewed the applicant has completed twelve and five-tenths (12.5) hours of NSGC or ABMG continuing education units (CEUs) and/or other means as approved by NSGC for re-certification by ABGC or ABMG every five (5) years, prorated for the length of the license.
(2) The board shall make exceptions for licensees from the continuing education requirements, including waiver of all or a portion of these requirements or the granting of an extension of time in which to complete these requirements, upon a finding of good cause following receipt of a written request for exception based upon emergency or hardship. Emergency or hardship cases include, but are not limited to:
(a) Long term personal illness or illness involving a close relative or person for whom the licensee has caregiving responsibilities;
(b) Where the licensee can demonstrate that the required course(s) are not reasonably available; and
(c) Other demonstrated economic, technological or legal hardships that substantially relate to the ability to perform or complete the continuing education requirements.
SECTION 8. Certain exemptions from licensure. The provisions of this chapter shall not apply to the following:
(a) Any person licensed by the state to practice in a profession other than that of genetic counseling, such as a licensed physician or nurse practitioner, when acting within the scope of the person's profession and doing work of a nature consistent with the person's training. However, the person shall not hold himself or herself out to the public as a genetic counselor.
(b) Any person employed as a genetic counselor by the federal government or an agency thereof if such person provides genetic counseling services solely under the direction and control of the organization by which he or she is employed.
(c) A student or intern enrolled in an ABGC accredited genetic counseling educational program if genetic counseling services performed by the student are an integral part of the student's course of study and are performed under the direct supervision of a licensed genetic counselor assigned to supervise the student and who is on duty and available in the assigned patient care area, and if the person is designated by a title "genetic counseling intern;"
(d) A nonresident genetic counselor may practice genetic counseling in Mississippi for no more than a total of five (5) days per calendar year with current licensure from another state.
SECTION 9. Council of Advisors in Genetic Counseling established. (1) (a) There is established the Mississippi Council of Advisors in Genetic Counseling under the jurisdiction of the board. The purpose of the council is to advise the board and department on matters relating to the administration and interpretation of the provisions of this chapter.
(b) The council shall be comprised of three (3) to five (5) members, with the majority of the council being licensed genetic counselors and may include a public member and shall include at least one (1) licensed physician.
(c) Each council member shall serve a term of three (3) years. However, the terms of initial appointees shall be staggered so that no more than one (1) member's term expires in any one (1) year. No council member may be appointed to more than three (3) consecutive full terms. If a vacancy occurs, the board shall appoint a person to fill the unexpired term.
(d) A person is eligible for appointment as a public member if the person or the person's spouse:
(i) Is not employed by and does not participate in the management of an agency or business entity that provides health care services or that sells, manufactures or distributes health care supplies or equipment; and
(ii) Does not own, control or have a direct or indirect interest in more than ten percent (10%) of a business entity that provides health care services or that sells, manufactures or distributes health care supplies or equipment.
(2) The board shall appoint the initial advisory council members not later than September 1, 2024.
(3) The council shall meet at least annually or as deemed necessary to conduct business. Meetings may be convened at the call of the chairman or the written request of a majority of the council members, or at the request of the department.
(4) A majority of the members of the council shall constitute a quorum for all purposes.
(5) Members of the council shall receive no compensation for services performed on the council, but may be reimbursed for necessary and actual expenses incurred in connection with attendance at meetings of the council or for authorized business of the council, in accordance with Section 25-3-41, from funds made available to the board for such purpose.
(6) It shall be a ground for removal from the council if a member:
(a) Does not have at the time of appointment the qualifications required for appointment to the council;
(b) Does not maintain during service on the council the qualifications required for appointment to the council;
(c) Violates a prohibition established by this chapter; or
(d) Fails to attend council meetings for a period of one (1) year.
SECTION 10. State Board of Health powers and duties. (1) (a) The board shall adopt, amend, promulgate and enforce such rules, regulations and standards governing genetic counselors as may be necessary to further the accomplishment of the purpose of this chapter, and in so doing shall consider the corresponding recommendations of the advisory council.
(b) The board shall publish and disseminate to all licensees, in an appropriate manner, the licensure standards prescribed by this chapter, any amendments thereto, and such rules and regulations as the board may adopt, within sixty (60) days of their adoption.
(2) The board shall adopt a code of ethics for genetic counselors based upon the NSGC "Code of Ethics for the Profession of Genetic Counselors."
(3) The board shall issue and renew licenses to any person who meets the requirements of this chapter.
(4) Denial or revocation of license. (a) The board may deny or refuse to renew a license, or suspend or revoke a license, or issue orders to cease or desist from certain conduct, or issue warnings or reprimands where the licensee or applicant for license has been convicted of unlawful conduct or has demonstrated unprofessional conduct which has endangered or is likely to endanger the health, welfare or safety of the public. Such conduct includes:
(i) Obtaining a license by means of fraud, misrepresentation or concealment of material facts;
(ii) Being guilty of unprofessional conduct as defined by the rules and established by the board or violating the Code of Ethics of the NSGC;
(iii) Being convicted of a crime in any court other than a misdemeanor;
(iv) Violating any lawful order, rule or regulation rendered or adopted by the board; or
(v) Violating any provision of this chapter.
(b) Such denial, refusal to renew, suspension, revocation, order to cease and desist from designated conduct, or warning or reprimand may be ordered by the board in a decision made after a hearing in the manner provided by the rules and regulations adopted by the board. One (1) year from the date of the revocation of a license, application may be made to the board for reinstatement. The board shall have discretion to accept or reject an application for reinstatement and may, but shall not be required to, hold a hearing to consider such reinstatement.
(5) Receive and process complaints. (a) The board shall have full authority to investigate and evaluate each and every applicant applying for a license to practice genetic counseling, with the advice of the advisory council.
(b) The board shall have the authority to issue subpoenas, examine witnesses and administer oaths, and shall, at its discretion, investigate allegations or practices violating the provisions of this chapter, and in so doing shall have power to seek injunctive relief to prohibit any person from providing services as a licensed genetic counselor without being licensed as provided under this chapter.
(6) A license certificate issued by the board is the property of the board and must be surrendered on demand.
SECTION 11. Penalties. Any person who violates any provision of this chapter shall, upon conviction thereof, be guilty of a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or imprisoned in the county jail for a period not exceeding six (6) months, or both.
SECTION 12. This act shall be codified as a new chapter in Title 73, Mississippi Code of 1972.
SECTION 13. This act shall take effect and be in force from and after July 1, 2024.