BILL NUMBER: AB 2300	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 18, 2010
	AMENDED IN SENATE  AUGUST 9, 2010
	AMENDED IN SENATE  JULY 15, 2010
	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, repeal, and add 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,  beginning July 1, 2011, and  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 repeal these provisions
as of January 1, 2014.
   This bill would also require, on and after July 1, 2011, the
department to issue a temporary genetic counselor license, valid for
24 months, to a person who meets all of the requirements for
licensure except passing the above-described examination and who
meets the requirements to apply for the examination and has applied,
or plans to apply, for the examination, as specified, and who pays a
fee of $200. 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, 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.
   (h) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date. 
   (i) The amendments made to this section by the act adding this
subdivision shall become operative on July 1, 2011. 
  SEC. 2.  Section 124981 is added to the Health and Safety Code, 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, 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) This section shall become operative on January 1, 2014.
  SEC. 3.  Section 124982 is added to the Health and Safety Code, to
read:
   124982.  (a)  On and after July 1, 2011, the 
 The  department shall issue a temporary genetic counselor
license to a person to practice as a licensed genetic counselor who
meets all 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.
   (2) Either of the following requirements:
   (A) The person meets the requirements to apply for and 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   certification
examination and  plans to apply to sit for the examination in
the year following the year of the first available examination. The
department shall require the applicant to provide documentation
showing  registration for the   examination, when the
documentation is received by the applicant. After the applicant takes
the exam, th   e department shall require the applicant to
provide documentation showing  that the applicant took the
examination.
   (3) Payment of a fee of two hundred dollars ($200).
   (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.
   (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. 
   (f) This section shall become operative on July 1, 2011.