Commerce, Occupational and Professional Licensing

Rule R156-75

Genetic Counselors Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 36183
Filed: 05/14/2012 02:39:21 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Genetic Counselor Licensing Board are proposing these amendments to: 1) amend the amount of time that individuals may hold a temporary license; 2) define unprofessional conduct as violating any provision of a code of ethics accepted by the genetic counselor profession; and 3) make grammatical changes and renumber subsections.

Summary of the rule or change:

In Section R156-75-102, the proposed amendment adds a definition of "unprofessional conduct". In Section R156-75-302b, the amendments made with respect to temporary licenses that can be issued to genetic counselor applicants. Temporary licenses are currently issued for 15 months but are also required to expire 30 days after the licensee fails the next available exam; however, the applicant rarely notifies the Division after failing an exam. As a result, an applicant who failed the exam often holds the active temporary license for several months after the temporary license should have expired. The proposed amendments set the expiration date as December 31 immediately following the date of the next available American Board of Genetic Counseling (ABGC) certification exam date. This way the temporary license will always expire soon after the exam results are reported to the applicant. Under the proposed amendments, the Division will no longer need to rely on the applicant to report whether they passed the ABGC exam or not. In Section R156-75-502, the proposed amendment adds and defines unprofessional conduct as violating any provision of the Code of Ethics established by the National Society of Genetic Counselors (NSGC), revised January 2006, and incorporates the Code of Ethics by reference.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Subsection 58-1-202(1)(a)
• Subsection 58-75-302(2)
• Subsection 58-75-303(2)

This rule or change incorporates by reference the following material:

• Adds National Society of Genetic Counselors Code of Ethics, published by National Society of Genetic Counselors, 01/01/2006

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $100 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to licensed genetic counselors and applicants for licensure in that classification. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed genetic counselors and applicants for licensure in that classification. Small businesses that employ temporary genetic counselors may be impacted due to the automatic expiration of temporary licenses on December 31 after the next available ABGC certification exam date; however, the extent of any cost impact is insignificant.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensed genetic counselors and applicants for licensure in that classification. Some temporary genetic counselors may experience some cost impact due to the automatic expiration of temporary licenses on December 31 after the next available ABGC certification exam date. If a temporary licensee wants to continue to practice after their first temporary license expires, the applicant must pay a $50 application fee to obtain a second temporary license. The Division is not able to determine an aggregate amount because it is unable to determine how many applicants will be impacted by this change.

Compliance costs for affected persons:

The proposed amendments only apply to licensed genetic counselors and applicants for licensure in that classification. Some temporary genetic counselors may experience some cost impact due to the automatic expiration of temporary licenses on December 31 after the next available ABGC certification exam date. If a temporary licensee wants to continue to practice after their first temporary license expires, the applicant must pay a $50 application fee to obtain a second temporary license. The Division is unable to determine how many applicants will be impacted by this change.

Comments by the department head on the fiscal impact the rule may have on businesses:

This filing's amendment of the temporary license provision and addition of a definition of unprofessional conduct to include violations of the professional code of ethics appear to be clarifying in nature. No fiscal impact to businesses is anticipated from these amendments.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Rich Oborn at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at roborn@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/02/2012

Interested persons may attend a public hearing regarding this rule:

• 06/06/2012 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

07/09/2012

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-75. Genetic Counselors Licensing Act Rule.

R156-75-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 75, as defined or used in this rule:

(1) "Active candidate status", as used in Subsection R156-75-302b(1), describes an individual who has been approved by the American Board of Genetic Counseling (ABGC) to sit for the certification exam in genetic counseling.

(2) "General supervision", as used in Subsection R156-75-302b(2), means the supervisor has the overall responsibility to assess the work of the supervisee including at least twice monthly face to face meetings with chart review and weekly case review. An annual supervision contract signed by the supervisor and supervisee must be on file with both parties.

(3) "Unprofessional conduct", as defined in Title 58, Chapters 1 and 40, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-75-502.

(4) "Qualified continuing education", as used in this rule, means continuing education that meets the standards set forth in Section R156-75-304.

 

R156-75-302b. Qualifications for Licensure - Temporary License.

In accordance with Subsection 58-75-302(2), the requirements for temporary licensure are established as follows:

(1) An applicant shall meet all the qualifications for licensure as established in Subsection 58-75-302(1) with the exception of Subsection 58-75-302(1)(e), and have active candidate status conferred by the ABGC.

(2) An individual practicing under the authority of a temporary license must practice under the general supervision of a licensed genetic counselor or a licensed physician certified in clinical genetics by the American Board of Medical Genetics.

(3) [Before May 1, 2010, a temporary license may be issued for a period of up to 42 months. In accordance with Subsection 58-1-303(1)(a), the applicant must take the next available examination. If the applicant fails the first sitting of the ABGC certification exam, the applicant may reapply for a second temporary license.

(4) Beginning May 1, 2010]In accordance with Subsection 58-1-303(1)(a), a temporary license shall expire on December 31 immediately following the next available ABGC certification exam date[may be issued for a period of up to 15 months. In accordance with Subsection 58-1-303(1)(a), the applicant must take the next available examination]. If the applicant fails the first sitting of the ABGC certification exam, the applicant may reapply for a second temporary license.

([5]4) A temporary license [will]shall not be issued if the applicant has failed the ABGC certification examination more than once.[

(6) A temporary license shall expire upon the earliest of one of the following:

(a) issuance of full licensure;

(b) 30 days after failing the certification exam; or

(c) the date printed on the temporary license.]

 

R156-75-502. Unprofessional Conduct.

"Unprofessional conduct" includes violating any provision of the Code of Ethics established by the National Society of Genetic Counselors (NSGC), revised January 2006, which is hereby adopted and incorporated by reference.

 

KEY: licensing, occupational licensing, genetic counselors

Date of Enactment or Last Substantive Amendment: [October 22, 2009]2012

Notice of Continuation: October 20, 2011

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-75-302(2); 58-75-303(2)