DAR File No. 37533

Commerce, Occupational and Professional Licensing

Rule R156-75

Genetic Counselors Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 37533
Filed: 04/22/2013 04:03:39 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Genetic Counselor Licensing Board reviewed the rule and determined that it was necessary to make the following amendments: 1) modify the length of time individuals may hold a temporary license; 2) eliminate the possibility of issuance of a second temporary license; 3) decrease the amount of continuing education genetic counselors must complete as a requirement for license renewal; 4) further define unprofessional conduct; and 5) make grammatical and stylistic changes.

Summary of the rule or change:

In Section R156-75-302b, all temporary licenses currently expire on December 31 immediately following the next available American Board of Genetic Counseling (ABGC) examination date. Individuals have only one opportunity per year to take the ABGC exam. For this reason, the rule allows them to obtain the temporary license a second time. Beginning in 2014, individuals will have two opportunities per year to take the exam. This upcoming increase in exam availability led the Board to recommend a rule amendment to decrease the length of time individuals may hold temporary licenses to 18 months and to not allow individuals to obtain a temporary license a second time. In Section R156-75-304, currently, genetic counselors must complete 50 hours of continuing education during every renewal cycle. In an effort to decrease regulation and to be more consistent with requirements for national ABGC certification renewal, the Board recommends this requirement be decreased to 40 hours. In Section R156-75-502, the proposed amendment makes it unprofessional conduct for a genetic counselor to fail to provide general supervision to a temporary genetic counselor when under their supervision.

State statutory or constitutional authorization for this rule:

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

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 impact genetic counselors and temporary genetic counselors. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only impact genetic counselors and temporary genetic counselors. Small businesses that employ temporary genetic counselors may experience some cost impact due to the inability to apply for the temporary license a second time; however, the extent of the cost impact is insignificant because cost impact is offset by the increase in availability of the exam. Small businesses that employ genetic counselors may also experience a cost savings due to the decrease in the number of continuing education hours required for license renewal. The cost of continuing education for genetic counselors ranges from $25 to $40 for every 10 hours of continuing education, plus registration and transportation costs if applicable.

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

The proposed amendments only impact genetic counselors and temporary genetic counselors. Some genetic counselors may experience cost savings due to the decrease in the amount of continuing education required for license renewal. Under the proposed amendment, genetic counselors are required to complete 10 fewer hours of continuing education. As a result, some genetic counselors will save money they would have otherwise spent in order to complete 10 additional hours of continuing education. The cost of continuing education for genetic counselors ranges from $25 to $40 for every 10 hours of continuing education, plus registration and transportation costs if applicable. Many licensees already complete 50 hours of continuing education every two years in order to maintain their ABGC certification. Temporary genetic counselors may experience some cost impact due to the inability to apply for the temporary license a second time; however, the extent of cost impact is insignificant because it is likely offset by the increase in availability of the exam.

Compliance costs for affected persons:

The proposed amendments only impact genetic counselors and temporary genetic counselors. Some genetic counselors may experience cost savings due to the decrease in the amount of continuing education required for license renewal. Under the proposed amendment, genetic counselors are required to complete 10 fewer hours of continuing education. As a result, some genetic counselors will save money they would have otherwise spent in order to complete 10 additional hours of continuing education. The cost of continuing education for genetic counselors ranges from $25 to $40 for every 10 hours of continuing education, plus registration and transportation costs if applicable. Many licensees already complete 50 hours of continuing education every two years in order to maintain their ABGC. Temporary genetic counselors may experience some cost impact due to the inability to apply for the temporary license a second time; however, the extent of cost impact is insignificant because it is likely offset by the increase in availability of the exam.

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

The proposed amendment requires a person to test and qualify for a non-temporary genetic counselor license at or before the time the temporary license expires, rather than applying to renew the temporary license. Affected businesses will incur the associated licensing costs at an earlier date than they would under the existing rule, but the actual cost of licensing remains unchanged. The proposed amendment also reduces the number of continuing education hours that are required to renew a genetic counselor license. Affected businesses will experience nominal savings from this reduction. Finally, the filing establishes that it is unprofessional conduct for a licensed genetic counselor to fail to supervise an affiliated individual holding a temporary license. No fiscal impact to businesses is anticipated from this change.

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:

06/14/2013

Interested persons may attend a public hearing regarding this rule:

• 05/23/2013 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

06/21/2013

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-75. Genetic Counselors Licensing Act Rule.

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]shall 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) [In accordance with]A temporary license issued under Subsection 58-1-303(1)(a)[, a temporary license] shall expire on the date a non-temporary license is issued or 18 months after issuance of the temporary license, whichever is earlier. An individual may apply for and obtain a temporary license only one time and it shall not be renewed or extended[December 31 immediately following the next available ABGC certification exam date. If the applicant fails the first sitting of the ABGC certification exam, the applicant may reapply for a second temporary license].

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

 

R156-75-304. Continuing Education.

(1) In accordance with Subsections 58-1-203(1)(g), 58-1-308(3)(b) and Section 58-75-303, there is created a continuing education requirement as a condition for renewal or reinstatement of licenses issued under Title 58, Chapter 75.

(2) Continuing education shall consist of [50]40 hours ([5]4 CEU[']s) in each preceding two year licensing cycle and [must]shall be approved for recertification purposes by the ABGC.

(3) A licensee shall be responsible for maintaining competent records of completed [qualified professional]continuing education for a period of four years after close of the two year period to which the records pertain. It is the responsibility of the licensee to maintain such information with respect to qualified professional education to demonstrate it meets the requirements under this section.

(4) A licensee requesting a waiver of the continuing education requirement shall comply with requirements established by rule in R156-1-308[who documents circumstances which prevent the licensee from meeting the continuing professional education requirements established under this section may apply to be excused from the requirement for a period of up to two years. It is the responsibility of the licensee to document the reasons and justify why the requirement could not be met].

 

R156-75-502. Unprofessional Conduct.

"Unprofessional conduct" includes :

(1) 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; and

(2) if licensed as a genetic counselor and contracted to provide general supervision to a temporary genetic counselor, failing to provide such supervision as defined in Subsection R156-75-102(2).

 

KEY: licensing, occupational licensing, genetic counselors

Date of Enactment or Last Substantive Amendment: [July 9, 2012]2013

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)