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." |
