BILL ANALYSIS                                                                                                                                                                                                    



                                                                AB 2300
                                                                Page  1

        CONCURRENCE IN SENATE AMENDMENTS
        AB 2300 (Emmerson)
        As Amended  August 18, 2010
        Majority vote
         
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        |ASSEMBLY:  |74-0 |(May 6, 2010)   |SENATE: |31-0 |(August 20,    |
        |           |     |                |        |     |2010)          |
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         Original Committee Reference:    B.,P. & C.P.  

         SUMMARY  :   Establishes a temporary genetic counselor license (TGCL)  
        and an interim genetic counselor license (IGCL).  Specifically,  this  
        bill  :  

         The Senate amendments  :


        1)Require, until the State Department of Public Health (DPH) finalizes  
          regulations to implement the genetic counselor license, the DPH to  
          grant an interim genetic counselor license (IGCL) to a genetic  
          counselor applicant who meets specified requirements, pays the  
          application fee, is currently credentialed and in good standing with  
          the American Board of Genetic Counseling (board), and has no history  
          of disciplinary action by the board. 


        2)State that those genetic counselors holding an IGCL will be subject  
          to the final regulations relating to a genetic counselor license,  
          and the IGCL shall become inoperative once those regulations are in  
          place.  



        3)Permit the DPH to revoke an IGCL if the counselor loses his or her  
          credential granted by the board or is placed on probationary status  
          or 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.

        4)Requires a TGCL applicant to meet either of the following  
          requirements:

           a)   The person has applied for the first available certification  







                                                                AB 2300
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             examination offered. The DPH may require an applicant for a  
             temporary genetic counselor license to provide documentation of  
             acceptance for the examination; or,

           b)   The person meets the requirements to apply for the  
             certification examination and plans to apply to sit for the  
             examination in the year following the year of the first available  
             examination. DPH 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, DPH shall require the applicant to provide  
             documentation showing that the applicant took the examination.

        5)Make the TGCL valid for two years, instead of one, and state that it  
          cannot be extended or renewed.

        6)Requires the applicant for a TGCL to provide documentation showing  
          registration for the examination, when that document is received by  
          the applicant, that the applicant took the examination, and pay a  
          fee of $200. 

        7)Permits the DPH to revoke a TGCL 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.

        8)Make the TGCL and IGCL provisions operative on July 1, 2011.  

        9)Sunset the above provisions relating to a genetic counselor license,  
          the TGCL, and the interim license on January 1, 2014, and makes  
          operative the following provisions:

           a)   No person shall use the title of genetic counselor unless the  
             person has applied for and obtained a license from the DPH;

           b)   The applicant for a genetic counselor license shall meet  
             minimum qualifications that include, but are not limited to, both  
             of the following:

             i)     Has earned a master's degree or above from a program  
               specializing in or having substantial course content in  
               genetics; and,

             ii)    Has demonstrated competence by an examination administered  
               or approved by the DPH.







                                                                AB 2300
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           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; and,

           e)   The license fee for an original license and license renewal  
             shall not exceed $200.

        10)Make technical and conforming amends.

         AS PASSED BY THE ASSEMBLY  , this bill required the DPH to issue a TGCL  
        after July 1, 2011 to genetic counselors meeting specified current law  
        eligibility.  

         FISCAL EFFECT  :   According to the Senate Appropriations Committee  
        analysis:

                             Fiscal Impact (in thousands)

         Major Provisions         2010-11      2011-12       2012-13     Fund
                                                                
        CDPH licensing staff               up to $50 up to $50 $25Special*

        *State Department of Public Health Licensing and Certification Fund

         COMMENTS  :  This bill is substantially similar to the version approved  
        by the Assembly.    

         
        Analysis Prepared by  :    Sarah Weaver / B., P. & C.P. / (916) 319-3301

                                                                    FN:  
                                                               0006378