Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Health Care & Wellness Committee

SSB 5608

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning genetic counselors.

Sponsors: Senate Committee on Health & Long-Term Care (originally sponsored by Senators Franklin, Pflug, Fairley, Regala, Marr and Kohl-Welles).

Brief Summary of Substitute Bill

  • Establishes a licensure program for genetic counselors.

Hearing Date: 3/24/09

Staff: Jim Morishima (786-7191)

Background:

Generally speaking, a genetic counselor is a person who provides information on medical genetics and counsels individuals and families on genetic disorders. Genetic counselors are not credentialed in Washington, although the American Board of Genetic Counselors (ABGC) does offer a private credential.

In response to legislation introduced in 2005, the Department of Health (DOH) conducted a sunrise review. In its review, which was issued in January 2006, the DOH recommended against regulating genetic counseling as its own profession. In its final report, the DOH indicated that it could not find instances where a patient was harmed by a genetic counselor, that the public can be assured of a genetic counselor's competency through the ABGC, that genetic counseling may, in some cases, constitute the practice of medicine, and that the low numbers of genetic counselors (around 50 in 2006) would lead to high licensing fees.

Summary of Bill:

Beginning August 1, 2010, a person may not represent that he or she is a licensed genetic counselor without a license issued by the Secretary of Health (Secretary). Genetic counseling is defined as a communication process conducted by one or more appropriately trained individuals that includes:

In order to obtain a license, an applicant must graduate from a master's or doctorate program in genetic counseling or medical genetics, successfully complete clinical experience requirements established by the Secretary, and successfully complete an examination. In addition, the Secretary may establish a continuing competency program.

An applicant for licensure must take the examination on dates and at locations established by the Secretary. If an applicant fails the examinations four times, the Secretary may invalidate the current application and require remedial education before the person may re-take the examination. The Secretary may approve an examination prepared or administered by a private organization that certifies and re-certifies genetic counselors, or an association of licensing agencies, for use by an applicant in meeting the credentialing requirements. A person who is licensed as a genetic counselor in another state may be licensed without examination if the Secretary determines that the licensing standards in the other state are substantially equivalent to Washington's standards.

The Secretary may grant a provisional license to a person who has met all the requirements for licensure except the examination. A provisionally licensed genetic counselor must practice under the supervision of a licensed genetic counselor or a licensed physician with a current certification in clinical genetics issued by an organization approved by the Secretary. A provisional license may last only one year and may not be renewed more than four times.

The licensure and discipline of licensed genetic counselors is governed by the Uniform Disciplinary Act (UDA). For purposes of the UDA, the Secretary is the disciplining authority.

A genetic counseling license is not required for the following:

The Advisory Committee on Genetic Counseling (ACGC) is established, consisting of five members: three genetic counselors; one licensed health care provider with genetic expertise; and one member of the public. The DOH must seek the advice and assistance from the ACGC in administering the genetic counselors licensing program, including:

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.