S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5281
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 17, 2015
                                      ___________
       Introduced  by M. of A. ROSENTHAL, McDONOUGH -- Multi-Sponsored by -- M.
         of A. CROUCH, SIMOTAS, SKARTADOS, STIRPE -- read once and referred  to
         the Committee on Higher Education
       AN  ACT  to amend the education law, in relation to licensing of genetic
         counselors
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.   The education law is amended by adding a new article 142
    2  to read as follows:
    3                                 ARTICLE 142
    4                             GENETIC COUNSELING
    5  SECTION 7050. INTRODUCTION.
    6          7051. DEFINITIONS.
    7          7052. PRACTICE OF  GENETIC  COUNSELING  AND  USE  OF  THE  TITLE
    8                  "GENETIC COUNSELOR".
    9          7053. STATE COMMITTEE FOR GENETIC COUNSELING.
   10          7054. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
   11          7055. EXEMPT PERSONS.
   12          7056. LIMITED PERMITS.
   13          7057. SPECIAL PROVISION.
   14          7058. BOUNDARIES OF PROFESSIONAL PRACTICE.
   15          7059. MANDATORY CONTINUING EDUCATION.
   16    S 7050. INTRODUCTION. THIS ARTICLE APPLIES TO THE LICENSING OF GENETIC
   17  COUNSELORS.  THE  GENERAL  PROVISIONS  FOR  ALL PROFESSIONS CONTAINED IN
   18  ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
   19    S 7051. DEFINITIONS. AS USED IN THIS ARTICLE:
   20    1. THE TERM "GENETIC COUNSELOR" SHALL MEAN A HEALTH  PROFESSIONAL  WHO
   21  IS  ACADEMICALLY  AND  CLINICALLY PREPARED TO PROVIDE GENETIC COUNSELING
   22  SERVICES TO INDIVIDUALS  AND  FAMILIES  SEEKING  INFORMATION  ABOUT  THE
   23  OCCURRENCE,  RISK OF OCCURRENCE OR RECURRENCE, OF GENETIC/MEDICAL CONDI-
   24  TIONS AND DISEASES.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07222-01-5
       A. 5281                             2
    1    2. THE TERM "LICENSED GENETIC COUNSELOR" SHALL MEAN A GENETIC  COUNSE-
    2  LOR LICENSED PURSUANT TO THIS ARTICLE.
    3    3. THE TERM "CERTIFIED GENETIC COUNSELOR" SHALL MEAN A GENETIC COUNSE-
    4  LOR  WITH  A  MASTER'S  OR DOCTORAL DEGREE IN GENETIC COUNSELING FROM AN
    5  ACCREDITED GENETIC COUNSELING PROGRAM OR EQUIVALENT AND WHO  HAS  PASSED
    6  THE  CERTIFICATION  EXAMINATION  IN GENETIC COUNSELING ACCEPTABLE TO THE
    7  DEPARTMENT.
    8    S 7052. PRACTICE OF GENETIC COUNSELING AND USE OF THE  TITLE  "GENETIC
    9  COUNSELOR".  1.  THE  "PRACTICE  OF  GENETIC  COUNSELING" SHALL MEAN THE
   10  COMMUNICATION TO AND EDUCATION OF CLIENTS, THEIR FAMILIES, OTHER  HEALTH
   11  CARE  PROFESSIONALS  AND THE GENERAL PUBLIC WITH REGARD TO GENETIC TEST-
   12  ING, INDIVIDUAL FAMILY HISTORIES, OR OTHER GENETIC, MEDICAL, AND TECHNI-
   13  CAL INFORMATION ASSOCIATED WITH THE OCCURRENCE, RISK  OF  OCCURRENCE  OR
   14  RECURRENCE,  OF  A  GENETIC  OR HEREDITARY CONDITION OR BIRTH DEFECT.  A
   15  PRACTITIONER OF GENETIC COUNSELING SHALL SEEK TO PROMOTE DECISION-MAKING
   16  FOR THEIR CLIENT WHICH RESPECTS THE CLIENT'S CULTURE,  LANGUAGE,  TRADI-
   17  TION, LIFESTYLE, RELIGION, BELIEFS AND VALUES.  GENETIC COUNSELING SHALL
   18  INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   19    (A)  OBTAIN  AND EVALUATE INDIVIDUAL, FAMILY, AND MEDICAL HISTORIES TO
   20  DETERMINE GENETIC RISK FOR GENETIC/MEDICAL CONDITIONS AND DISEASES IN  A
   21  PATIENT, HIS OR HER OFFSPRING, AND OTHER FAMILY MEMBERS;
   22    (B) DISCUSS THE FEATURES, NATURAL HISTORY, MEANS OF DIAGNOSIS, GENETIC
   23  AND  ENVIRONMENTAL  FACTORS,  AND MANAGEMENT OF RISK FOR GENETIC/MEDICAL
   24  CONDITIONS AND DISEASES;
   25    (C) IDENTIFY AND COORDINATE GENETIC LABORATORY TESTS AND  OTHER  DIAG-
   26  NOSTIC STUDIES AS APPROPRIATE FOR THE GENETIC ASSESSMENT;
   27    (D)  INTEGRATE  GENETIC  LABORATORY  TEST RESULTS AND OTHER DIAGNOSTIC
   28  STUDIES WITH PERSONAL AND FAMILY MEDICAL HISTORY TO ASSESS AND  COMMUNI-
   29  CATE RISK FACTORS FOR GENETIC/MEDICAL CONDITIONS AND DISEASES;
   30    (E)  EXPLAIN THE CLINICAL IMPLICATIONS OF GENETIC LABORATORY TESTS AND
   31  OTHER DIAGNOSTIC STUDIES AND THEIR RESULTS;
   32    (F) EVALUATE THE CLIENT'S OR FAMILY'S RESPONSES TO  THE  CONDITION  OR
   33  RISK  OF RECURRENCE AND PROVIDE CLIENT-CENTERED COUNSELING AND ANTICIPA-
   34  TORY GUIDANCE;
   35    (G) IDENTIFY AND UTILIZE COMMUNITY  RESOURCES  THAT  PROVIDE  MEDICAL,
   36  EDUCATIONAL, FINANCIAL, AND PSYCHOSOCIAL SUPPORT AND ADVOCACY; AND
   37    (H)  PROVIDE WRITTEN DOCUMENTATION OF MEDICAL, GENETIC, AND COUNSELING
   38  INFORMATION FOR PATIENTS AND HEALTH CARE PROFESSIONALS.
   39    2.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AUTHORIZE A LICENSED
   40  GENETIC COUNSELOR TO DIAGNOSE OR TREAT ANY GENETIC  DISEASE  OR  MEDICAL
   41  CONDITION.
   42    3.  IF IN THE COURSE OF PROVIDING GENETIC COUNSELING TO ANY PATIENT, A
   43  GENETIC COUNSELOR FINDS ANY INDICATION  OF  DISEASE  OR  CONDITION  THAT
   44  REQUIRES  MEDICAL  ASSESSMENT,  THE  GENETIC  COUNSELOR SHALL REFER THAT
   45  PATIENT TO A LICENSED PHYSICIAN.
   46    4. ONLY A PERSON LICENSED, OR WITH A LIMITED PERMIT  OR  EXEMPT  UNDER
   47  THIS  ARTICLE  SHALL PRACTICE GENETIC COUNSELING. ONLY A PERSON LICENSED
   48  OR HOLDING A LIMITED PERMIT UNDER  THIS  ARTICLE  SHALL  USE  THE  TITLE
   49  "LICENSED  GENETIC  COUNSELOR" AND USE THE LETTERS "L.G.C." AFTER HIS OR
   50  HER NAME. ANY PERSON WHO DOES NOT HAVE A VALID LICENSE OR LIMITED PERMIT
   51  AS A GENETIC COUNSELOR SHALL NOT USE IN CONNECTION WITH HIS OR HER  NAME
   52  OR  PLACE  OF  BUSINESS THE TITLE "GENETIC COUNSELOR", "LICENSED GENETIC
   53  COUNSELOR", "GENE COUNSELOR", "GENOMIC COUNSELOR", "GENETIC  ASSOCIATE",
   54  OR  ANY WORDS OR LETTERS, ABBREVIATIONS OR INSIGNIA INDICATING OR IMPLY-
   55  ING THAT A PERSON HAS MET THE QUALIFICATIONS  FOR  OR  HAS  THE  LICENSE
   56  ISSUED PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
       A. 5281                             3
    1    S  7053.  STATE COMMITTEE FOR GENETIC COUNSELING. 1. A STATE COMMITTEE
    2  FOR GENETIC COUNSELING SHALL BE APPOINTED BY THE BOARD OF  REGENTS  UPON
    3  THE  RECOMMENDATION  OF  THE COMMISSIONER AND SHALL ASSIST ON MATTERS OF
    4  LICENSURE AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE
    5  HUNDRED  EIGHT  OF THIS TITLE. NOTWITHSTANDING THE PROVISIONS OF SECTION
    6  SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE, THE COMMITTEE SHALL  ASSIST  THE
    7  BOARD FOR MEDICINE SOLELY IN GENETIC COUNSELING MATTERS.  MEMBERS OF THE
    8  FIRST  COMMITTEE NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO SUCH
    9  COMMITTEE. THE TERMS OF THE FIRST APPOINTED MEMBERS SHALL  BE  STAGGERED
   10  SO  THAT  TWO  MEMBERS  ARE APPOINTED FOR THREE YEARS, THREE MEMBERS ARE
   11  APPOINTED FOR FOUR YEARS AND TWO MEMBERS ARE APPOINTED FOR  FIVE  YEARS.
   12  AN  EXECUTIVE SECRETARY TO THE COMMITTEE SHALL BE APPOINTED BY THE BOARD
   13  OF REGENTS ON THE RECOMMENDATION OF THE COMMISSIONER.
   14    2. THE COMMITTEE SHALL CONSIST OF SEVEN INDIVIDUALS, TO BE COMPOSED OF
   15  THE FOLLOWING:
   16    (A) FIVE LICENSED GENETIC COUNSELORS,
   17    (B) ONE LICENSED PHYSICIAN, AND
   18    (C) A REPRESENTATIVE OF THE PUBLIC AT LARGE WHO IS NOT INVOLVED IN THE
   19  ORGANIZATION, FINANCING OR DELIVERY OF THE PROFESSION.
   20    3. COMMITTEE MEMBERS SHALL BE APPOINTED FOR TERMS OF FIVE YEARS.
   21    S 7054. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
   22  LICENSE  AS  A  "LICENSED GENETIC COUNSELOR", AN APPLICANT SHALL FULFILL
   23  THE FOLLOWING REQUIREMENTS:
   24    1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   25    2. EDUCATION: HAVE RECEIVED A MASTER'S OR DOCTORAL DEGREE  IN  GENETIC
   26  COUNSELING FROM A PROGRAM REGISTERED BY THE DEPARTMENT, OR DETERMINED BY
   27  THE  DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT, IN ACCORDANCE WITH THE
   28  COMMISSIONER'S REGULATIONS.  APPROPRIATE COURSEWORK SHALL BE  DETERMINED
   29  IN  ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS ON RECOMMENDATIONS OF
   30  THE STATE COMMITTEE FOR GENETIC COUNSELING;
   31    3. EXPERIENCE: EXPERIENCE ACCEPTABLE TO THE DEPARTMENT;
   32    4. EXAMINATION: PASS A GENETIC COUNSELING EXAMINATION SATISFACTORY  TO
   33  THE COMMITTEE AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   34    5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   35    6.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
   36  MENT;
   37    7. FEES: PAY A FEE OF THREE HUNDRED DOLLARS TO THE DEPARTMENT  FOR  AN
   38  INITIAL  LICENSE  AND  TWO HUNDRED DOLLARS FOR EACH SUBSEQUENT TRIENNIAL
   39  RE-REGISTRATION OF A LICENSE.
   40    S 7055. EXEMPT PERSONS. THIS ARTICLE DOES NOT PROHIBIT THE PRACTICE OF
   41  GENETIC COUNSELING BY LICENSED  PHYSICIANS  OR  OTHER  LICENSED  PROFES-
   42  SIONALS  PURSUANT  TO  TITLE EIGHT OF THIS CHAPTER TO OPERATE WITHIN THE
   43  SCOPE OF THEIR PROFESSION'S LICENSE.  SUCH EXEMPT PERSONS ARE PROHIBITED
   44  FROM USING THE TITLE "GENETIC COUNSELOR" OR "LICENSED GENETIC COUNSELOR"
   45  AS PROVIDED FOR IN THIS ARTICLE.  THE FOLLOWING INDIVIDUALS  MAY  ENGAGE
   46  IN  THE PRACTICE OF GENETIC COUNSELING WITHOUT BEING LICENSED UNDER THIS
   47  ARTICLE:
   48    1. A LICENSED HEALTH CARE PROFESSIONAL PRACTICING WITHIN  THE  PROFES-
   49  SIONAL'S SCOPE OF PRACTICE;
   50    2.  A  STUDENT  OR  INTERN  ENROLLED  IN  AN APPROVED ACADEMIC PROGRAM
   51  ENGAGED IN ACTIVITIES CONSTITUTING THE PRACTICE OF A  REGULATED  OCCUPA-
   52  TION  OR PROFESSION; PROVIDED, HOWEVER, SUCH ACTIVITIES SHALL BE PART OF
   53  A SUPERVISED TRAINING PROGRAM;
   54    3. AN EMPLOYEE OF THE STATE DEPARTMENT OF HEALTH IN THE  PROVISION  OF
   55  EDUCATION  REGARDING  SINGLE  GENE  CONDITIONS,  INCLUDING  SICKLE CELL,
   56  CYSTIC FIBROSIS, AND HEMOGLOBINOPATHIES;
       A. 5281                             4
    1    4. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROHIBITING  SERVICES
    2  PROVIDED BY AN ATTORNEY, RAPE CRISIS COUNSELOR, OR CLERGY MEMBER WORKING
    3  WITHIN  HIS  OR  HER  MINISTERIAL  CHARGE  OF  OBLIGATION, PROVIDED SUCH
    4  SERVICES ARE NOT WITHIN THE SCOPE OF PRACTICE FOR GENETIC COUNSELING.
    5    S  7056.  LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE
    6  AND DURATION SHALL BE ISSUED BY THE DEPARTMENT TO  ELIGIBLE  APPLICANTS,
    7  AS FOLLOWS:
    8    1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
    9  ALL  QUALIFICATIONS  FOR  LICENSURE AS A GENETIC COUNSELOR, EXCEPT THOSE
   10  RELATING TO THE EXAMINATION.
   11    2. LIMITED PERMITS SHALL BE FOR  ONE  YEAR.  LIMITED  PERMITS  MAY  BE
   12  RE-REGISTERED,  AT  THE DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL
   13  YEAR.
   14    3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RE-REGISTRATION  SHALL
   15  BE SEVENTY DOLLARS.
   16    S  7057.    SPECIAL  PROVISION. ANY PERSON WHO POSSESSES A MASTER'S OR
   17  DOCTORAL DEGREE OF GENETIC COUNSELING SATISFACTORY TO THE DEPARTMENT, ON
   18  THE EFFECTIVE DATE OF THIS SECTION, WHO HAS FIFTEEN YEARS  POST-GRADUATE
   19  GENETIC  COUNSELOR  EMPLOYMENT  AND MEETS THE REQUIREMENTS FOR A LICENSE
   20  PURSUANT TO THIS ARTICLE, EXCEPT FOR EXAMINATION, AND WHO FILES WITH THE
   21  DEPARTMENT WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS  SECTION  SHALL
   22  BE LICENSED AS A LICENSED GENETIC COUNSELOR.
   23    S  7058.  BOUNDARIES  OF  PROFESSIONAL  PRACTICE. ANY INDIVIDUAL WHOSE
   24  LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM  THE  PROVISIONS  OF  THIS
   25  ARTICLE SHALL BE PROHIBITED FROM:
   26    1. PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER OR AS
   27  A  TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR
   28  HER PROFESSION;
   29    2. USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR  PROFESSIONAL
   30  SERVICE  IN  THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
   31  SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY  PROCEDURE  IN  WHICH  HUMAN
   32  TISSUE  IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
   33  MEANS. INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING  RADIATION,
   34  THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY; OR
   35    3. PROVIDING PSYCHOTHERAPY OUTSIDE THE SCOPE OF PRACTICE OF A LICENSED
   36  GENETIC COUNSELOR.
   37    S  7059.  MANDATORY CONTINUING EDUCATION. 1. (A) EACH LICENSED GENETIC
   38  COUNSELOR REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNIALLY  WITH  THE
   39  DEPARTMENT TO PRACTICE IN THE STATE, SHALL COMPLY WITH PROVISIONS OF THE
   40  MANDATORY  CONTINUING  EDUCATION  REQUIREMENTS PRESCRIBED IN SUBDIVISION
   41  TWO OF THIS SECTION EXCEPT AS SET FORTH IN PARAGRAPHS  (B)  AND  (C)  OF
   42  THIS  SUBDIVISION.  LICENSED  GENETIC  COUNSELORS WHO DO NOT SATISFY THE
   43  MANDATORY CONTINUING EDUCATION REQUIREMENTS  SHALL  NOT  PRACTICE  UNTIL
   44  THEY  HAVE  MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRA-
   45  TION CERTIFICATE, EXCEPT THAT A LICENSED GENETIC COUNSELOR MAY  PRACTICE
   46  WITHOUT  HAVING  MET  SUCH  REQUIREMENTS IF HE OR SHE IS ISSUED A CONDI-
   47  TIONAL REGISTRATION CERTIFICATE PURSUANT TO SUBDIVISION  THREE  OF  THIS
   48  SECTION.
   49    (B)  IN  ACCORD  WITH  THE  INTENT  OF THIS SECTION, ADJUSTMENT TO THE
   50  MANDATORY CONTINUING EDUCATION REQUIREMENT MAY BE GRANTED BY THE DEPART-
   51  MENT FOR REASONS OF HEALTH  CERTIFIED  BY  AN  APPROPRIATE  HEALTH  CARE
   52  PROFESSIONAL,  FOR  EXTENDED  ACTIVE  DUTY  WITH THE ARMED FORCES OF THE
   53  UNITED STATES, OR FOR OTHER GOOD  CAUSE  ACCEPTABLE  TO  THE  DEPARTMENT
   54  WHICH MAY PREVENT COMPLIANCE.
   55    (C) A LICENSED GENETIC COUNSELOR NOT ENGAGED IN PRACTICE AS DETERMINED
   56  BY  THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCA-
       A. 5281                             5
    1  TION REQUIREMENT UPON THE FILING OF  A  STATEMENT  WITH  THE  DEPARTMENT
    2  DECLARING  SUCH  STATUS.  ANY  LICENSEE WHO RETURNS   TO THE PRACTICE OF
    3  GENETIC COUNSELING DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY
    4  THE  DEPARTMENT  PRIOR  TO REENTERING THE PROFESSION AND SHALL MEET SUCH
    5  MANDATORY EDUCATION REQUIREMENTS AS SHALL BE PRESCRIBED  BY  REGULATIONS
    6  OF THE COMMISSIONER.
    7    2.  DURING  EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
    8  TRATION AS A LICENSED GENETIC COUNSELOR  SHALL  COMPLETE  A  MINIMUM  OF
    9  FORTY-FIVE HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION. ANY LICENSED
   10  GENETIC  COUNSELOR WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE
   11  DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS  FROM  SUCH  EFFECTIVE
   12  DATE,  SHALL  COMPLETE CONTINUING EDUCATION HOURS ON A PRORATED BASIS. A
   13  LICENSEE WHO  HAS  NOT  SATISFIED  THE  MANDATORY  CONTINUING  EDUCATION
   14  REQUIREMENT  SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY
   15  THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS  AND  UNTIL  A  CONDITIONAL
   16  REGISTRATION  IS  ISSUED  AS  PROVIDED  FOR IN SUBDIVISION THREE OF THIS
   17  SECTION. CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM  MAY  NOT
   18  BE TRANSFERRED TO THE SUBSEQUENT TRIENNIUM.
   19    3.  THE  DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
   20  TRATION TO A  LICENSEE  WHO  FAILS  TO  MEET  THE  CONTINUING  EDUCATION
   21  REQUIREMENTS  ESTABLISHED  IN  SUBDIVISION  TWO  OF THIS SECTION BUT WHO
   22  AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
   23  WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL  REGIS-
   24  TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
   25  NIAL  REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
   26  BE DETERMINED BY THE DEPARTMENT BUT  SHALL  NOT  EXCEED  ONE  YEAR.  ANY
   27  LICENSEE  WHO  IS  NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
   28  SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED  CONTINUING
   29  EDUCATION  AND  WHO  PRACTICES GENETIC COUNSELING WITHOUT SUCH REGISTRA-
   30  TION, MAY BE SUBJECT TO THE DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION
   31  SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   32    4. FOR THE PURPOSES OF THIS  SECTION,  "ACCEPTABLE  FORMAL  CONTINUING
   33  EDUCATION"  SHALL  MEAN  FORMAL  COURSES OF LEARNING WHICH CONTRIBUTE TO
   34  PROFESSIONAL PRACTICE IN GENETIC COUNSELING AND WHICH MEET THE STANDARDS
   35  PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. THE  DEPARTMENT  MAY,  IN
   36  ITS  DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF
   37  THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING  EDUCATION  COURSES  IN
   38  SPECIFIC  SUBJECTS.  TO  FULFILL  THIS  MANDATORY  CONTINUING  EDUCATION
   39  REQUIREMENT, COURSES MUST BE  TAKEN  FROM  A  SPONSOR  APPROVED  BY  THE
   40  DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
   41    5.  LICENSED  GENETIC COUNSELORS SHALL MAINTAIN ADEQUATE DOCUMENTATION
   42  OF COMPLETION  OF  ACCEPTABLE  FORMAL  CONTINUING  EDUCATION  AND  SHALL
   43  PROVIDE  SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAILURE TO
   44  PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT  SHALL  BE
   45  AN  ACT  OF  MISCONDUCT  SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO
   46  SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   47    THE MANDATORY CONTINUING EDUCATION FEE SHALL  BE  FORTY-FIVE  DOLLARS,
   48  SHALL  BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
   49  TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
   50  FEE REQUIRED BY SECTION SIXTY-EIGHT HUNDRED FIVE OF THIS TITLE.
   51    S 2. Severability. If any clause, sentence, paragraph, section or part
   52  of this act shall be adjudged by any court of competent jurisdiction  to
   53  be  invalid  and  after  exhaustion  of all further judicial review, the
   54  judgment shall not affect, impair or invalidate the  remainder  thereof,
   55  but  shall  be  confined in its operation to the clause, sentence, para-
       A. 5281                             6
    1  graph, section or part of this act directly involved in the  controversy
    2  in which the judgment shall have been rendered.
    3    S  3. This act shall take effect one year after it shall have become a
    4  law; provided, however, that the state education department  is  author-
    5  ized  to promulgate any and all rules and regulations and take any other
    6  measure necessary to implement this act on or before its effective date,
    7  and provided further that section 7059 of article 142 of  the  education
    8  law,  as  added by section one of this act shall take effect three years
    9  after the effective date of this act.