Florida Senate - 2020 SB 1134 By Senator Harrell 25-01461A-20 20201134__ Page 1 of 8 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to genetic counseling; creating

part 2 IV of ch. 483, F.S., titled “Genetic Counseling”; 3 providing a

short title; providing legislative 4 findings and intent; defining terms; providing 5 licensure, licensure renewal, and continuing education 6 requirements; requiring the Department of Health to 7 adopt by rule continuing education requirements; 8 prohibiting certain acts; providing penalties and 9 grounds for disciplinary action; authorizing the 10 department to enter an order denying licensure or 11 imposing other penalties for certain violations; 12 providing exemptions; amending s. 456.001, F.S.; 13 revising the definition of the term “health care 14 practitioner” to include licensed genetic counselors; 15 amending s. 20.43, F.S.; correcting a cross-reference 16 relating to the department’s responsibilities for 17 regulating health care practitioners; providing an 18 effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22

Section 1.

Part IV of

chapter 483, Florida Statutes, 23 consisting of sections 483.911, 483.912, 483.913, 483.914, 24 483.915, 483.916, 483.917, and 483.918, Florida Statutes, is 25 created to read: 26 27

PART IV 28 GENETIC COUNSELING 29

Florida Senate - 2020 SB 1134 25-01461A-20 20201134__ Page 2 of 8 CODING: Words stricken are deletions; words underlined are additions. 30 483.911

Short title.—This part may be cited as the “Genetic 31 Counseling Patient Protection Act.” 32 483.912 Legislative findings and intent.—The sole 33 legislative purpose for enacting this

part is to ensure that 34 every genetic counselor practicing in this state meets minimum 35 requirements for safe practice. The Legislature finds that the 36 delivery of genetic counseling services by unskilled and 37 incompetent persons presents a danger to public health and 38 safety.

Because it is difficult for the public to make informed 39 choices related to genetic counseling services and since the 40 consequences of uninformed choices can seriously endanger public 41 health and safety, it is the intent of the Legislature to 42 prohibit the delivery of genetic counseling services by persons 43 who are determined to possess less than minimum competencies or 44 who otherwise present a danger to the public. 45 483.913

Definitions.—As used in this part, the term: 46 (1) “Department” means the Department of Health. 47 (2) “Genetic counselor” means a person licensed under this 48 part to practice genetic counseling. 49 (3) “Practice of genetic counseling” means the process of 50 advising an individual or family affected by or at risk of 51 genetic disorders, including services to help an individual or 52 family: 53 (

a) Understand a diagnosis, the probable cause, and 54 available options for treatment and management of a genetic 55 disorder. 56 (

b) Understand how heredity contributes to a genetic 57 disorder and the risk of its occurrence. 58

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c) Consider alternatives to genetic counseling for 59 addressing the risk of occurrence of a genetic disorder. 60 (

d) Choose a course of action appropriate to the individual 61 or family, taking into consideration their risks, their family 62 goals, and their ethical and religious standards, and to act in 63 accordance with that decision. 64 (

e) Adjust to a diagnosis and the risk of occurrence of a 65 genetic disorder. 66 483.914 Licensure requirements.— 67

(1) Any person desiring to be licensed as a genetic 68 counselor under this part must apply to the department on a form 69 approved by the department by rule. 70

(2) The department shall issue a license to each applicant 71 who: 72 (

a) Has completed an application. 73 (

b) Is of good moral character. 74 (

c) Provides satisfactory documentation of having earned: 75 1. A master’s degree from a genetic counseling training 76 program or an equivalent program as determined by the American 77 Board of Genetic Counseling, Inc., or the Canadian Association 78 of Genetic Counsellors; or 79 2. A doctoral degree from a medical genetics training 80 program accredited by the American Board of Medical Genetics and 81 Genomics or the Canadian College of Medical Geneticists. 82 (

d) Has passed the examination for certification as: 83 1. A genetic counselor by the American Board of Genetic 84 Counseling, Inc., the American Board of Medical Genetics and 85 Genomics, or the Canadian Association of Genetic Counsellors; or 86 2. A medical or clinical geneticist by the American Board 87

Florida Senate - 2020 SB 1134 25-01461A-20 20201134__ Page 4 of 8 CODING: Words stricken are deletions; words underlined are additions. of Medical Genetics and Genomics or the Canadian College of 88 Medical Geneticists. 89

(3) The department may issue a temporary license for up to 90 2 years to an applicant who meets all requirements for licensure 91 except for the examination requirement in this

section and is 92 eligible to sit for the next available certification examination 93 administered by the American Board of Genetic Counseling, Inc. 94 483.915 Licensure renewal and continuing education 95 requirements.— 96

(1) The department shall renew a license upon receipt of a 97 renewal application. 98

(2) The department shall adopt by rule continuing education 99 requirements consistent with nationally accepted standards of 100 the American Board of Genetic Counseling, Inc. 101 483.916 Prohibitions; penalties.— 102

(1) A person may not: 103 (

a) Make a false or fraudulent statement in any 104 application, affidavit, or statement presented to the 105 department. 106 (

b) Practice genetic counseling or hold himself or herself 107 out as a genetic counselor or as being able to practice genetic 108 counseling or to render genetic counseling services without a 109 license issued under this part unless exempt from licensure 110 under this part. 111 (

c) Use the title “genetic counselor” or any other title, 112 designation, words, letters, abbreviations, or device tending to 113 indicate that the person is authorized to practice genetic 114 counseling unless that person holds a current license as a 115 genetic counselor issued under this part or is exempt from 116

Florida Senate - 2020 SB 1134 25-01461A-20 20201134__ Page 5 of 8 CODING: Words stricken are deletions; words underlined are additions. licensure under this part. 117

(2) A person who violates this

section commits a 118 misdemeanor of the second degree, punishable as provided in s. 119 775.082 or s. 775.083. 120 483.917 Grounds for disciplinary action; penalties.— 121

(1) The following acts constitute grounds for denial of a 122 license or disciplinary action, as specified in s. 456.072(2): 123 (

a) Attempting to obtain, obtaining, or renewing a license 124 under this part by fraudulent misrepresentation. 125 (

b) Having a license revoked, suspended, or otherwise acted 126 against, including the denial of licensure in another 127 jurisdiction. 128 (

c) Being convicted or found guilty of, or entering a plea 129 of nolo contendere to, regardless of adjudication, a crime in 130 any jurisdiction which directly relates to the practice of 131 genetic counseling, including a violation of federal laws or 132 regulations regarding genetic counseling. 133 (

d) Making or filing a report or record that the licensee 134 knows is false, intentionally or negligently failing to file a 135 report or record required by state or federal law, willfully 136 impeding or obstructing such filing, or inducing another person 137 to impede or obstruct such filing. Such reports or records 138 include only reports or records that are signed in a person’s 139 capacity as a licensee under this part. 140 (

e) Knowingly advertising services related to genetic 141 counseling in a fraudulent, false, deceptive, or misleading 142 manner. 143 (

f) Violating a previous order of the department entered in 144 a disciplinary hearing or failing to comply with a subpoena 145

Florida Senate - 2020 SB 1134 25-01461A-20 20201134__ Page 6 of 8 CODING: Words stricken are deletions; words underlined are additions. issued by the department. 146 (

g) Practicing with a revoked, suspended, or inactive 147 license. 148 (

h) Gross or repeated malpractice or the failure to deliver 149 genetic counseling services with that level of care and skill 150 which is recognized by a reasonably prudent licensed genetic 151 counselor as being acceptable under similar conditions and 152 circumstances. 153 (

i) Unprofessional conduct, including, but not limited to, 154 any departure from or failure to conform to the minimal 155 prevailing standards of acceptable practice under this part and 156 department rule, including: 157 1. Practicing or offering to practice beyond the scope 158 permitted by law or accepting and performing genetic counseling 159 services the licensee knows, or has reason to know, he or she is 160 not competent to perform. 161 2.

Failing to refer a patient to a health care practitioner 162 as defined in s. 456.001 if the licensee is unable or unwilling 163 to provide genetic counseling services to the patient. 164 3. Failing to maintain the confidentiality of any 165 information received under this part or failing to maintain the 166 confidentiality of patient records pursuant to s. 456.057, 167 unless such information or records are released by the patient 168 or otherwise authorized or required by law to be released. 169 4.

Exercising influence on the patient or family in such a 170 manner as to exploit the patient or family for financial gain of 171 the licensee. 172 (

j) Violating this part or

chapter 456, or any rules 173 adopted pursuant thereto. 174

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(2) The department may enter an order denying licensure to 175 or imposing penalties against any applicant for licensure or any 176 licensee who is found guilty of violating subsection (1) or s. 177 483.916. 178 483.918 Exemptions.—This part does not apply to: 179

(1) Commissioned medical officers of the United States 180 Armed Forces or the United States Public Health Service while on 181 active duty or while acting within the scope of their military 182 or public health responsibilities. 183

(2) A health care practitioner as defined in s. 456.001, 184 other than a genetic counselor licensed under this part, who is 185 practicing within the scope of his or her training, education, 186 and licensure and who is doing work of a nature consistent with 187 such training, education, and licensure. 188

Section 2. Subsection (4) of

section 456.001, Florida 189 Statutes, is amended to read: 190 456.001

Definitions.—As used in this chapter, the term: 191 (4) “Health care practitioner” means any person licensed 192 under

chapter 457;

chapter 458;

chapter 459;

chapter 460; 193

chapter 461;

chapter 462;

chapter 463;

chapter 464;

chapter 465; 194

chapter 466;

chapter 467;

part I,

part II,

part III,

part V, 195

part X,

part XIII, or

part XIV of

chapter 468;

chapter 478; 196

chapter 480;

part II, or

part III, or

part IV of

chapter 483; 197

chapter 484;

chapter 486;

chapter 490; or

chapter 491. 198

Section 3. Subsection (8) of

section 20.43, Florida 199 Statutes, is amended to read: 200 20.43 Department of Health.—There is created a Department 201 of Health. 202

(8) The department may hold copyrights, trademarks, and 203

Florida Senate - 2020 SB 1134 25-01461A-20 20201134__ Page 8 of 8 CODING: Words stricken are deletions; words underlined are additions. service marks and enforce its rights with respect thereto, 204 except such authority does not extend to any public records 205 relating to the department’s responsibilities for health care 206 practitioners regulated under

part II of

chapter 456 455. 207

Section 4. This act shall take effect July 1, 2020. 208