BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2300|
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THIRD READING
Bill No: AB 2300
Author: Emmerson (R)
Amended: 8/9/10 in Senate
Vote: 21
SENATE HEALTH COMMITTEE : 7-0, 6/23/10
AYES: Alquist, Aanestad, Cedillo, Leno, Negrete McLeod,
Pavley, Romero
NO VOTE RECORDED: Strickland, Cox
SENATE APPROPRIATIONS COMMITTEE : 10-0, 8/2/10
AYES: Kehoe, Alquist, Ashburn, Corbett, Emmerson, Leno,
Price, Wolk, Wyland, Yee
NO VOTE RECORDED: Walters
ASSEMBLY FLOOR : 74-0, 5/6/10 (Consent) - See last page for
vote
SUBJECT : Genetic counselors
SOURCE : Author
DIGEST : This bill requires the Department of Public
Health (DPH) to license genetic counselors who are
credentialed by, and in good standing with, the American
Board of Genetic Counseling, and requires DPH to issue a
temporary genetic counselor license to a person who meets
the requirements for licensure except for passing the
certification examination, but who has applied to take the
exam, or intends to take the exam,in the year of the first
CONTINUED
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available examination.
ANALYSIS :
Existing law
1. Provides for administration of various genetic screening
programs by the Department of Public Health, including a
prenatal testing program and a newborn screening
program.
2. Requires DPH to designate prenatal diagnosis centers to
provide prenatal testing and genetic counseling for
genetic and birth defects.
3. Requires DPH to establish regulations and standards for
the licensure of master level genetic counselors and
doctoral level geneticists.
4. Provides that no person shall use the title of genetic
counselor unless they have received a license from DPH.
5. Establishes requirements for licensure, including that
the person has received a master's degree or above from
a program specializing in or having substantial course
content in genetics, and has passed a competency
examination administered by the department.
This bill:
1. Requires DPH, until it adopts regulations, to license
genetic counselors who are credentialed by, and in good
standing with, the American Board of Genetic Counseling
(ABGC), and have no history of disciplinary actions by
ABGC.
2. Allows DPH to revoke the license of a genetic counselor
if the person loses ABGC credentialing or is placed on
probationary status by the ABGC, or has been convicted
of, or plead guilty to, a felony charge substantially
related to the qualifications, functions, and duties of
a genetic counselor, until January 1, 2014, unless
otherwise charged.
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3. States that no person shall use the title of genetic
counselor unless the person has applied for and obtained
a license from DPH.
4. The applicant for a genetic counselor license shall meet
minimum qualifications that include, but are not limited
to, both of the following:
A. Has earned a master's degree or above from a
program specializing in or having substantial
course content in genetics.
B. Has demonstrated competence by an examination
administered or approved by DPH.
5. Requires a license to 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.
6. Requires, a license-holder to have completed 45 hours of
continuing education units during the three-year license
renewal period. At least 30 hours of the continuing
education units must be in genetics.
7. Requires a license fee for an original license and
license renewal to not exceed $200.
8. Requires DPH, on and after July 1, 2011, to issue a
temporary counselor license that is valid for 24 months
to a person who meets the requirements for licensure
except for passing the certification examination, who
meets the requirements to apply for the first available
certification exam offered by ABGC, or who meets the
requirements to apply for the exam and certifies that
they plan to apply to take the exam in the year of the
first available examination. Requires DPH to require
the applicant to provide documentation showing that the
applicant took the examination, and submitted a fee of
$200.
9. Provides that a temporary license shall not be extended
or renewed.
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10.Provides that a temporary license shall expire at the
earliest of the following:
A. Upon the issuance of a regular license.
B. Thirty days after the temporary licensee has
failed the certification exam.
C. Upon the expiration of the temporary license.
11.Requires a person holding a temporary genetic counselor
license to work under the supervision of a licensed
genetic counselor or physician.
12.Allows DPH to revoke the temporary license of a genetic
counselor if the person loses ABGC credentialing or is
placed on probationary status by the ABGC, or has been
convicted of or plead guilty to, a felony charge
substantially related to the qualifications, functions,
and duties of a genetic counselor.
Background
According to the Human Genome Project (HGP), genetic
counselors are health professionals with specialized
degrees and experience in the areas of medical genetics and
counseling. Genetic counselors practice as part of a
health care team, providing information and support to
families who have members with birth defects or genetic
disorders, and who may be at risk of inherited conditions.
According the HGP, genetic counselors work in a variety of
capacities, including in clinical settings, with biotech
companies, and in laboratories.
People may seek genetic counseling at various times,
including before or during pregnancy to discuss factors
that may increase the chance of having a child with a birth
defect or genetic condition, or during adulthood, to
discuss the likelihood of developing conditions that are
hereditary and that occur later in life.
According to the ABGC, genetic counselors work as members
of a health care team, providing information and support to
families who have members with birth defects or genetic
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disorders and to families who may be at risk for a variety
of inherited conditions. They identify families at risk,
investigate the problem present in the family, interpret
information about the disorder, analyze inheritance
patterns and risks of recurrence, and review available
options with the family.
Genetic counselors also provide supportive counseling to
families, serve as patient advocates, and refer individuals
and families to community or state support services. They
serve as educators and resource people for other health
care professionals and for the general public. Some
counselors also work in administrative capacities. Many
engage in research activities related to the field of
medical genetics and genetic counseling.
The ABGC currently certifies genetic counselors. To be
certified, applicants must demonstrate competency in
several defined areas. ABGC also has accredited 32
graduate programs in genetic counseling in the U.S.,
including 3 in California, which produce 20 to 25 graduates
per year. According to the ABGC, about 300 genetic
counselors currently practice in California, in areas that
include prenatal, pediatric, metabolic, cancer, cardiology,
neurology, adult-onset disorder, preconception, and
infertility genetics as well as general and other genetic
testing. Employers of genetic counselors include academic
centers, private laboratories, public hospitals, and
private physician groups. Some genetic counselors work in
private practice.
Several states, including Illinois, Massachusetts, Utah,
and Washington have enacted licensure statutes for genetic
counselors and many others are considering legislation to
do so. All currently have provisions for temporary
licenses.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee analysis:
Fiscal Impact (in thousands)
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Major Provisions 2010-11 2011-12
2012-13 Fund
CDPH licensing up to $50 up to
$50$25Special*
staff
*State Deprtment of Public Health Licensing and
Certification Fund
SUPPORT : (Verified 8/9/10)
American College of Medical Genetics
American Society of Human Genetics
National Society of Genetic Counselors
National Urea Cycle Disorders Foundation
Quest Diagnostics
ARGUMENTS IN SUPPORT : The National Society of Genetic
Counselors states, " without AB 2300 graduates of
California's three genetic counseling training programs
would be forced to seek employment outside the state if
they wished to work immediately upon completing their
degree, making it difficult for entities that use genetic
counselors to attract new graduates. These circumstances
place California at a disadvantage relative to other
states."
The American College of Medical Genetics states, "AB 2300
is necessary for California to be able to recruit and
retain appropriately qualified genetic counselors."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
Leon, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue,
Bonnie Lowenthal, Ma, Miller, Monning, Nava, Nestande,
Niello, Nielsen, Norby, V. Manuel Perez, Portantino,
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Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio,
Audra Strickland, Swanson, Torlakson, Torres, Torrico,
Tran, Villines, Yamada, John A. Perez
NO VOTE RECORDED: Bass, Block, De La Torre, Gilmore,
Mendoza, Vacancy
CTW:do 8/9/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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