BILL NUMBER: AB 2300	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 17, 2010
	AMENDED IN ASSEMBLY  MAY 3, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Emmerson

                        FEBRUARY 18, 2010

   An act to  amend Section 124981 of, and to  add Section
124982 to  ,  the Health and Safety Code, relating to
genetic counselors.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2300, as amended, Emmerson. Genetic counselors.
   Existing law, the Hereditary Disorders Act, requires the State
Department of Public Health to establish hereditary disorder
programs, 100 specified, and to license master level genetic
counselors and doctoral level geneticists. One of the requirements
for licensure is that an individual demonstrate competence by a
examination administered or approved by the department. Existing law
prohibits an unlicensed person from using the title of genetic
counselor. 
   This bill, until regulations are finalized by the department,
would require the department to license genetic counselors who meet
specified requirements and would allow the department to revoke
licenses issued pursuant to these requirements upon the person losing
certification by the American Board of Genetic Counseling or upon
conviction of certain felonies, as defined. 
   This bill would  also  require, on and after July 1,
2011, the department to issue a temporary genetic counselor license,
valid for  one year   24 months  , to a
person who meets all of the requirements for licensure except passing
the above-described examination  and who has applied for the
first availab   le certification examination or has
certified that he or she will apply to take the examination within
one year  . The bill would require a person working under a
temporary genetic counselor license to work under the general
supervision of a licensed genetic counselor or a licensed physician
and surgeon.  The bill would allow the department to revoke a
temporary genetic counselor license upon the conviction of certain
felonies, as defined. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 124981 of the   Health
and Safety Code   is amended to read: 
   124981.  (a)  No person shall use the title of genetic counselor
unless the person has applied for and obtained a license from the
department.
   (b) The applicant for a genetic counselor license shall meet
minimum qualifications that include but are not limited to 
all   both  of the following:
   (1) Has earned a master's degree or above from a program
specializing in or having substantial course content in genetics.
   (2) Has demonstrated competence by an examination administered or
approved by the department.
   (c) The license shall be valid for three years unless at any time
during that period it is revoked or suspended. The license may be
renewed prior to the expiration of the three-year period.
   (d) To qualify to renew the license, a licenseholder shall have
completed 45 hours of continuing education units during the
three-year license renewal period. At least 30 hours of the
continuing education units shall be in genetics.
   (e) The license fee for an original license and license renewal
shall not exceed two hundred dollars ($200). 
   (f) Until the department has finalized regulations that are needed
to implement subdivision (b), the department shall license, upon
application and payment of the application fee specified in
subdivision (e), a genetic counselor applicant who meets the
requirements of subdivision (b), is currently credentialed and in
good standing with the American Board of Genetic Counseling, and has
no history of disciplinary action by the board. When the department
has finalized the regulations needed to implement subdivision (b),
genetic counselors who have received a license pursuant to this
subdivision shall be subject to the regulations implementing this
section and Sections 124980 and 124982, and this subdivision shall
become inoperative.  
   (g) The department may revoke the license of a genetic counselor
who is licensed pursuant to subdivision (f) if either of the
following occur:  
   (1) The counselor loses his or her credential granted by the
American Board of Genetic Counseling or is placed on probationary
status.  
   (2) The counselor has been convicted of a felony charge that is
substantially related to the qualifications, functions, or duties of
a genetic counselor. A plea of guilty or nolo contendere to a felony
charge shall be deemed a conviction for the purposes of this
paragraph. 
   SECTION 1.   SEC. 2.  Section 124982 is
added to the Health and Safety Code, to read:
   124982.  (a) On and after July 1, 2011, the department shall issue
a temporary genetic counselor license  valid for one year
 to a person to practice as a licensed genetic counselor who
meets  all the   both of the following: 
    (1)    The  requirements for licensure
set forth in  subdivision (b) of  Section 124981, except
passing the certification examination as required by  paragraph
(2) of subdivision (b) of  Section 124981. 
   (b) A person holding a temporary genetic counselor license who
fails the first available certification examination held by the ABGC
may reapply, no later than 30 days after the date of the examination,
on a one-time basis, for an additional temporary genetic counselor
license.  
   (2) Either of the following requirements:  
   (A) The person has applied for the first available certification
examination offered. The department may require an applicant for a
temporary genetic counselor license to provide documentation of
acceptance for the examination.  
   (B) The person meets the requirements to apply for the examination
and certifies that he or she plans to apply to sit for the
examination in the coming year. The department may require an
applicant to provide documentation showing registration for the
examination when it is received by the applicant.  
   (b) A temporary genetic counselor license shall be valid for 24
months and shall not be extended or renewed. 
   (c) Notwithstanding subdivision (a), a temporary license issued
pursuant to this section shall expire upon any of the following
events, whichever occurs earlier:
   (1) The issuance of a license pursuant to Section 124981.
   (2) Thirty days after notification of the department that an
applicant has failed the certification examination, or on the date
that the applicant applies and is granted an additional temporary
license pursuant to subdivision (b).
   (3) The expiration date on the temporary license.
   (d) A person holding a temporary genetic counselor license issued
pursuant to this section, shall be required to work under the general
supervision of a licensed genetic counselor or a licensed physician
and surgeon. 
   (e) The department may revoke the temporary license of a genetic
counselor licensed pursuant to this section if the person has been
convicted of a felony charge that is substantially related to the
qualifications, functions, or duties of a genetic counselor. A plea
of guilty or nolo contendere to a felony charge shall be deemed a
conviction for the purposes of this subdivision.