Chapter 360-39 GENETIC COUNSELORS
(1) |
'ABGC' means
the American Board of Genetic Counseling or its successor or
equivalent. |
(2) |
'ABMG' means the
American Board of Medical Genetics and Genomics or its successor or
equivalent. |
(3) |
'ACGC' means the
Accreditation Council for Genetic Counseling or its successor or
equivalent. |
(4) |
'Board' means the
Georgia Composite Medical Board. |
(5) |
'Examination for licensure' means the
ABGC or ABMG certification examination or the examination provided by a
successor entity to the ABGC or ABMG to fairly test the competence and
qualifications of applicants to practice genetic counseling. |
(6) |
'Genetic counseling' means the provision
of services by a genetic counselor to
(a) |
Obtain and evaluate individual, family, and medical histories to determine
genetic risk for genetic or medical conditions and diseases in a patient, his
or her offspring, and other family members; |
(b) |
Discuss the features, natural history,
means of diagnosis, genetic and environmental factors, and management of risk
for genetic or medical conditions and diseases; |
(c) |
Identify, order, and coordinate genetic
laboratory tests and other diagnostic studies as appropriate for the genetic
assessment consistent with practice based competencies provided by the
ACGC; |
(d) |
Integrate genetic
laboratory test results and other diagnostic studies with personal and family
medical history to assess and communicate risk factors for genetic or medical
conditions and diseases; |
(e) |
Explain the clinical implications of genetic laboratory tests and other
diagnostic studies and their results; |
(f) |
Evaluate the client's or family's
responses to the condition or risk of recurrence and provide client centered
counseling and anticipatory guidance; |
(g) |
Identify and utilize community resources
that provide medical, educational, financial, and psychosocial support and
advocacy; or |
(h) |
Provide written
documentation of medical, genetic, and counseling information for families and
health care professionals. |
|
(7) |
'Genetic counseling intern' means a
student enrolled in a genetic counseling program accredited by the ACGC or
ABMG. |
(8) |
'Genetic counselor' means
an individual licensed by the board pursuant to this article104 to engage in
the competent practice of genetic counseling. |
(9) |
'Genetic testing' and 'genetic test' mean
a test or analysis of human genes, gene products, DNA, RNA, chromosomes,
proteins, or metabolites that detects genotypes, mutations, chromosomal
changes, abnormalities, or deficiencies, including carrier status, that (A) are
linked to physical or mental disorders or impairments, (B) indicate a
susceptibility to illness, disease, impairment, or other disorders, whether
physical or mental, or (C) demonstrate genetic or chromosomal damage due to
environmental factors. The terms do not include routine physical measurements;
chemical, blood, and urine analyses that are widely accepted and in use in
clinical practice; tests for use of drugs; tests for the presence of the human
immunodeficiency virus; analyses of proteins or metabolites that do not detect
genotypes, mutations, chromosomal changes, abnormalities, or deficiencies; or
analyses of proteins or metabolites that are directly related to a manifested
disease, disorder, or pathological condition that could reasonably be detected
by a health care professional with appropriate training and expertise in the
field of medicine involved. |
(10) |
'NSGC' means the National Society of Genetic Counselors or its successor or
equivalent. |
(11) |
'Qualified
supervisor' means any person that is board certified as a genetic counselor
under this article or any licensed physician. |
(12) |
'Supervision' means the overall
responsibility of a qualified supervisor to assess the work of the genetic
counselor with a temporary license, including regular meetings and chart
review, if an annual supervision contract signed by the supervisor and the
temporarily licensed genetic counselor is on file with both parties. The
supervisor's presence shall not be required during the performance of the
service. |
(1) |
Applications for licensure as a genetic
counselor must submit an application on a form approved by the Board, submit an
application fee, and submit an affidavit that the applicant is a United States
citizen, a legal permanent resident of the United States, or that he/she is a
qualified alien or non-immigrant under the Federal Immigration and Nationality
Act. If the applicant is not a U.S. citizen, he/she must submit documentation
that will determine his/her qualified alien status. The Board participates in
the DHS-USCIS SAVE (Systematic Alien Verification for Entitlements
or "SAVE") program for the purpose of verifying citizenship and immigration
status information of non-citizens. If the applicant is a qualified alien or
non-immigrant under the Federal Immigration and Nationality Act, he/she must
provide the alien number issued by the Department of Homeland Security or other
federal immigration agency. |
(2) |
An
applicant for licensure as a genetic counselor must be at least 21 years of
age. |
(3) |
Has not engaged in conduct
or activities which would constitute grounds for discipline under this
article; |
(4) |
Has successfully
completed:
(A) |
A master's degree in genetic
counseling from an ACGC, ABGC, or ABMG accredited training program or an
equivalent program approved by the ACGC, ABGC, or ABMG. |
(B) |
A doctoral degree and successful
completion of an ABMG/ACGME accredited medical genetics training program or an
equivalent program approved by the ABMG/ACGME; these individuals would also be
required to pass the ABGC examination. |
|
(5) |
Has successfully completed the ABGC or
ABMG certification examination or the examination provided by a successor
entity to the ABGC or ABMG; |
(6) |
Has
met the requirements for certification set forth by the ABGC or the ABMG, if
required by the board pursuant to rule; and |
(7) |
Has met any other requirements
established by rule. |
A temporary license may be issued to an individual who has made
application to the board, has submitted evidence to the board of admission to
examination for licensure, has met all of the requirements for licensure in
accordance with this Code section, except for the examination requirement, and
has met any other condition established by rule. The holder of a temporary
license shall practice only under the supervision of a qualified supervisor and
may not have the authority to order genetic tests. Nothing in this subsection
shall prohibit an applicant from reapplying for a temporary license if he or
she meets the qualifications of this subsection. The Temporary license is only
valid for 18 months.
(1) |
All licenses shall expire biennially
unless renewed. Genetic Counselors who are applying for their first renewal in
Georgia shall be exempt from the continuing education requirement. |
(2) |
Each licensee shall notify the Board
within thirty (30) days, in writing, of all changes of address. Any mailing or
notice from the Board shall be considered to be served on the licensee when
sent to the licensee's last address on file with the Board. |
(3) |
All active licenses must be renewed every
two years. This may be done via the internet or through mail. A licensee may
not practice after the expiration date of the license. A license must be
renewed biennially by the last day of the month in which the applicant's
birthday falls, and the licensee must establish satisfaction of Board-approved
continuing education requirements to be eligible for renewal. |
(4) |
Licensees have the right to obtain a late
renewal of their licenses during the three (3) month period immediately
following the expiration date. During this period, the penalty for late renewal
applies. A licensee may not practice after the expiration date of his or her
license. |
(5) |
The Board shall
administratively revoke any license not renewed prior to the expiration of the
late renewal period. In order to obtain a license after revocation for failure
to renew, an applicant must reapply for reinstatement/restoration and meet the
requirements in effect at the time of the application. |
(6) |
Notwithstanding the provisions of
paragraph (4) of this rule, any service member as defined in O.C.G.A. § 43-1-31
whose license to practice as a genetic counselor expired while on active duty
outside the state shall be permitted to practice in accordance with the expired
license and shall not be charged with a violation relating to such practice on
an expired license for a period of six (6) months from the date of his or her
discharge from active duty or reassignment to a location within the state. Such
service member shall be entitled to renew such expired license without penalty
within six (6) months after the date of his or her discharge from active duty
or reassignment to a location within this state. The service member must
present to the Board a copy of the official military orders or a written
verification signed by the service member's commanding officer to waive any
charges. |
(7) |
The fee for renewals
and late renewals shall be designated in the fee schedule. |
(8) |
A person who has permitted his or her
license to expire or who has had his or her license on inactive status may have
his or her license restored by:
(a) |
Making
application to the board; |
(b) |
Filing proof acceptable to the board of his or her fitness to have his or her
license restored, including, but not limited to, sworn evidence certifying to
active practice in another jurisdiction satisfactory to the board;
and |
(c) |
Paying the required
restoration fee. |
|
(9) |
In
the event of licensure retirement or inactivity in excess of two (2) years or
if derogatory information or communication is received during the reactivation
process, the applicant should be prepared to appear before the Board and
Committee, for an interview regarding continued competence to ensure the public
is protected. If competence is not demonstrated to the Board's satisfaction,
additional continuing education and/or supervision may be required for a period
of time at the Board's discretion. |
(10) |
If licensure retirement was in excess of
vie (5) Years, in addition to the above, the applicant would be requirement to
successfully complete up to 250 hours of continuing education. |
(11) |
All applicants must provide an affidavit
and a secure and verifiable document in accordance with O.C.G.A.
50-36-1(f).
If the applicant has previously provided a secure and verifiable document and
affidavit of United States citizenship, no additional documentation of
citizenship is required for renewal. If the applicant for renewal is not a
United States citizen, he/she must submit documentation that will determine
his/her qualified alien status. The Board participates in the DHS-USCIS SAVE
(Systematic Alien Verification for Entitlements or "SAVE") program for purpose
of verifying citizenship and immigration status information of non-U.S.
citizens. If the applicant for renewal is a qualified alien or non-immigrant
under the Federal Immigration and Nationality Act, he/she must provide the
alien number issued by the Department of Homeland Security or other federal
agency. |
(1) |
Licenses shall be renewable biennially on
the renewal date established by the board. |
(2) |
The board shall be authorized to require
persons seeking renewal of licensure under this article to complete board
approved continuing education. |
(3) |
Thirty (30) contact hours of continuing education (3 CEUs) are required for
license renewal, except for the first renewal in which no continuing education
is required. Please note that these contact hours need to be approved by the
National Society of Genetic Counselors (NSGC). Professional activity credits
(PACs) do not count towards these 30 contact hours. Please note that NSGC
counts one contact hour as 0.1 CEU. |
(1) |
A person who notifies the board on forms
prescribed thereby may elect to place his or her license on an inactive status
and shall, subject to rules of the board, be excused from payment of
restoration fees until he or she notifies the board of his or her desire to
resume active status |
(2) |
A person
requesting restoration from inactive status shall be required to pay the
current renewal fee and shall be required to restore his or her license as
provided in O.C.G.A. § 43-34-313(c). |
(3) |
A genetic counselor whose license is on
inactive status shall not practice genetic counseling in this state. |
(4) |
A person whose license expired while he
or she was:
(a) |
In federal service on active
duty within the armed forces of the United States or with the state militia and
called into service or training; or |
(b) |
In training or education under the
supervision of the United States preliminary to induction into military service
may have his or her license renewed or restored without paying a lapsed renewal
fee if, within two years after termination from the service, training, or
education except under conditions other than honorable, he or she furnishes the
board with satisfactory evidence that he or she has been so engaged and that
his or her service, training, or education has been terminated. |
|
(1) |
The composition of the Genetic Counselor
Advisory Committee ("Advisory Committee") shall be comprised as follows:
(a) |
Board members of the Georgia Composite
Medical Board. |
(b) |
At least four
(4) appointees, who will be licensed within six months of licensure and
representative of the genetic counselors profession, and such other individuals
as the Board, in its discretion, may determine. |
|
(2) |
Shall serve a three year term and may be
reappointed for an additional three year term by a majority vote of the Board,
but may not serve more than two consecutive terms. |
(3) |
Requirements for Genetic Counselors
Advisory Members:
1. |
All appointees to the
Advisory Committee with the exception of medical board members shall have on
file with the Executive Director of the Board, or his/her designee, a resume
and three (3) letters of recommendation, (one of which may be from a physician
familiar with the appointee's practice). |
2. |
In order to preserve continuity on the
Advisory Committee, two appointees shall serve a three year-term and two
appointees shall serve a two-year term which will be considered a partial term.
At the time of the appointment, each appointee will be notified in writing by
the Executive Director of the Board as to the beginning and ending dates of
their respective appointment terms. Each may reapply to the full Board to serve
an additional term, but may not serve more than two consecutive two-year
terms. |
3. |
In the event an Advisory
Committee member is replaced during a term, the replacement member will serve
the remaining time of that term as a partial term. An Advisory Committee member
who serves a partial term will, after the completion of the partial term, be
eligible to serve two consecutive two-year terms. |
4. |
Appointees shall serve without
compensation from the State of Georgia for their time and expenses. |
|
(4) |
The Advisory Committee shall
advise the Board on matters pertaining to the appointment of the Advisory
Committee members and on all matters within the purview of the Genetic
Counselors Licensure Act. The Board, in consultation with the Advisory
Committee, shall:
(a) |
Determine the
qualifications and fitness of applicants for licensure and renewal of
licensure; |
(b) |
Adopt and revise
rules consistent with the laws of the State of Georgia that are necessary to
conduct its duties and administer the Act; and |
(c) |
Examine for, approve, issue, deny revoke,
suspend and renew the license of applicants and certificate holders and conduct
hearings in connection with all duties to be performed pursuant to the
Act; |
|
(5) |
The appointed
Advisory Committee members, who are not members of the Board, must be available
to meet on as an needed basis and may not miss more than three (3) consecutive
meetings of the Advisory Committee, or four (4) meetings in a calendar year,
without an excused absence from either the Executive Director of the Board or
the Board Chairperson.
(a) |
The Advisory
committee may recommend to the Board the removal of a member for violation of
the attendance rule. Such a recommendation shall be by majority vote of the
Advisory Committee. |
(b) |
Upon
receipt of a recommendation for removal, the Board may remove a member of the
Advisory Committee by a majority vote. |
|
(6) |
Advisory Committee members serve at the
discretion of the Board. Advisory Committee vacancies may be filled by the
Board. The Advisory Committee may make a recommendation on who shall be
appointed to the Advisory Committee. All applicants must meet any deadline set
by the Board and shall have on file with the Executive Director of the Board,
or with his/her designee, a resume and three (3) letters of recommendation,
(one of which may be from a physician familiar with the applicant's practice of
genetic counselors. |
(a) |
On and after January 1, 2020, a person
shall not engage in the practice of genetic counseling in this state without a
valid license issued by the board pursuant to this article. |
(b) |
A person shall not hold himself or
herself out as a genetic counselor unless he or she holds a license issued by
the board in accordance with this article. A person not licensed by the board
pursuant to this article shall not use in connection with his or her name or
place of business the terms 'genetic counselor,' 'licensed genetic counselor,'
'gene counselor,' 'genetic consultant,' 'genetic associate,' or any words,
letters, abbreviations, or insignia indicating or implying the person holds a
genetic counseling license |
The provisions of this article shall not apply to:
(1) |
Any person licensed by the state to
practice in a profession other than that of a genetic counselor, such as a
physician, when acting within the scope of the person's profession and doing
work of a nature consistent with the person's training; provided, however, that
such person shall not hold himself or herself out to the public as a genetic
counselor; |
(2) |
Any person employed
as a genetic counselor by the federal government or an agency thereof if the
person provides genetic counseling services solely under the direction and
control of the organization by which he or she is employed; |
(3) |
A student or intern enrolled in an ACGC
accredited genetic counseling educational program if genetic counseling
services performed by the student are an integral part of the student's course
of study and are performed under the direct instruction of a licensed genetic
counselor or physician assigned to the student and who is on duty and available
in the assigned patient care area and if the person is designated with the
title of 'genetic counseling intern'; |
(4) |
Any company providing services available
directly to consumers without such consumers seeing a physician or genetic
counselor, that are approved by the United States Food and Drug Administration
to assess risks for certain genetic diseases or conditions, but that do not
diagnose such diseases or conditions; or |
(5) |
Any person using genetic data for
purposes of nutritional counseling who is licensed as a dietitian under Chapter
11A of this title or exempt from such licensure pursuant to paragraph (10) of
Code Section
43-11A-18." |