S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4820--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    April 20, 2015
                                      ___________
       Introduced  by  Sens. LAVALLE, LARKIN -- read twice and ordered printed,
         and when printed to be committed to the Committee on Higher  Education
         --  committee  discharged,  bill amended, ordered reprinted as amended
         and recommitted to said committee
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03054-02-5
       S. 4820--A                          2
    1  OCCURRENCE, RISK OF OCCURRENCE OR RECURRENCE, OF GENETIC/MEDICAL  CONDI-
    2  TIONS AND DISEASES.
    3    2.  THE TERM "LICENSED GENETIC COUNSELOR" SHALL MEAN A GENETIC COUNSE-
    4  LOR LICENSED PURSUANT TO THIS ARTICLE.
    5    3. THE TERM "CERTIFIED GENETIC COUNSELOR" SHALL MEAN A GENETIC COUNSE-
    6  LOR WITH A MASTER'S OR DOCTORAL DEGREE IN  GENETIC  COUNSELING  FROM  AN
    7  ACCREDITED  GENETIC  COUNSELING PROGRAM OR EQUIVALENT AND WHO HAS PASSED
    8  THE CERTIFICATION EXAMINATION IN GENETIC COUNSELING  ACCEPTABLE  TO  THE
    9  DEPARTMENT.
   10    S  7052.  PRACTICE OF GENETIC COUNSELING AND USE OF THE TITLE "GENETIC
   11  COUNSELOR". 1. THE "PRACTICE  OF  GENETIC  COUNSELING"  SHALL  MEAN  THE
   12  COMMUNICATION  TO AND EDUCATION OF CLIENTS, THEIR FAMILIES, OTHER HEALTH
   13  CARE PROFESSIONALS AND THE GENERAL PUBLIC WITH REGARD TO  GENETIC  TEST-
   14  ING, INDIVIDUAL FAMILY HISTORIES, OR OTHER GENETIC, MEDICAL, AND TECHNI-
   15  CAL  INFORMATION  ASSOCIATED  WITH THE OCCURRENCE, RISK OF OCCURRENCE OR
   16  RECURRENCE, OF A GENETIC OR HEREDITARY CONDITION OR  BIRTH  DEFECT.    A
   17  PRACTITIONER OF GENETIC COUNSELING SHALL SEEK TO PROMOTE DECISION-MAKING
   18  FOR  THEIR  CLIENT WHICH RESPECTS THE CLIENT'S CULTURE, LANGUAGE, TRADI-
   19  TION, LIFESTYLE, RELIGION, BELIEFS AND VALUES.  GENETIC COUNSELING SHALL
   20  INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   21    (A) OBTAIN AND EVALUATE INDIVIDUAL, FAMILY, AND MEDICAL  HISTORIES  TO
   22  DETERMINE  GENETIC RISK FOR GENETIC/MEDICAL CONDITIONS AND DISEASES IN A
   23  PATIENT, HIS OR HER OFFSPRING, AND OTHER FAMILY MEMBERS;
   24    (B) DISCUSS THE FEATURES, NATURAL HISTORY, MEANS OF DIAGNOSIS, GENETIC
   25  AND ENVIRONMENTAL FACTORS, AND MANAGEMENT OF  RISK  FOR  GENETIC/MEDICAL
   26  CONDITIONS AND DISEASES;
   27    (C)  IDENTIFY  AND COORDINATE GENETIC LABORATORY TESTS AND OTHER DIAG-
   28  NOSTIC STUDIES AS APPROPRIATE FOR THE GENETIC ASSESSMENT;
   29    (D) INTEGRATE GENETIC LABORATORY TEST  RESULTS  AND  OTHER  DIAGNOSTIC
   30  STUDIES  WITH PERSONAL AND FAMILY MEDICAL HISTORY TO ASSESS AND COMMUNI-
   31  CATE RISK FACTORS FOR GENETIC/MEDICAL CONDITIONS AND DISEASES;
   32    (E) EXPLAIN THE CLINICAL IMPLICATIONS OF GENETIC LABORATORY TESTS  AND
   33  OTHER DIAGNOSTIC STUDIES AND THEIR RESULTS;
   34    (F)  EVALUATE  THE  CLIENT'S OR FAMILY'S RESPONSES TO THE CONDITION OR
   35  RISK OF RECURRENCE AND PROVIDE CLIENT-CENTERED COUNSELING AND  ANTICIPA-
   36  TORY GUIDANCE;
   37    (G)  IDENTIFY  AND  UTILIZE  COMMUNITY RESOURCES THAT PROVIDE MEDICAL,
   38  EDUCATIONAL, FINANCIAL, AND PSYCHOSOCIAL SUPPORT AND ADVOCACY; AND
   39    (H) PROVIDE WRITTEN DOCUMENTATION OF MEDICAL, GENETIC, AND  COUNSELING
   40  INFORMATION FOR PATIENTS AND HEALTH CARE PROFESSIONALS.
   41    2.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AUTHORIZE A LICENSED
   42  GENETIC  COUNSELOR  TO  DIAGNOSE OR TREAT ANY GENETIC DISEASE OR MEDICAL
   43  CONDITION, PRACTICE PSYCHOTHERAPY, OR PRACTICE ANY OTHER PROFESSION THAT
   44  IS LICENSED UNDER THIS TITLE.
   45    3. IF IN THE COURSE OF PROVIDING GENETIC COUNSELING TO ANY PATIENT,  A
   46  GENETIC  COUNSELOR  FINDS  ANY  INDICATION  OF DISEASE OR CONDITION THAT
   47  REQUIRES MEDICAL ASSESSMENT, THE  GENETIC  COUNSELOR  SHALL  REFER  THAT
   48  PATIENT TO A LICENSED PHYSICIAN.
   49    4.  ONLY  A  PERSON LICENSED UNDER THIS ARTICLE SHALL PRACTICE GENETIC
   50  COUNSELING. ONLY A PERSON LICENSED UNDER  THIS  ARTICLE  SHALL  USE  THE
   51  TITLE  "LICENSED  GENETIC  COUNSELOR" AND USE THE LETTERS "L.G.C." AFTER
   52  HIS OR HER NAME. ANY PERSON WHO DOES NOT  HAVE  A  VALID  LICENSE  AS  A
   53  GENETIC  COUNSELOR  SHALL  NOT USE IN CONNECTION WITH HIS OR HER NAME OR
   54  PLACE OF BUSINESS THE TITLE "GENETIC COUNSELOR", "LICENSED GENETIC COUN-
   55  SELOR", "GENE COUNSELOR", "GENOMIC COUNSELOR", "GENETIC  ASSOCIATE",  OR
       S. 4820--A                          3
    1  ANY  WORDS  OR LETTERS, ABBREVIATIONS OR INSIGNIA INDICATING OR IMPLYING
    2  THAT A PERSON IS LICENSED PURSUANT TO THIS ARTICLE.
    3    S  7053.  STATE COMMITTEE FOR GENETIC COUNSELING. 1. A STATE COMMITTEE
    4  FOR GENETIC COUNSELING SHALL BE APPOINTED BY THE BOARD OF  REGENTS  UPON
    5  THE  RECOMMENDATION  OF  THE COMMISSIONER AND SHALL ASSIST ON MATTERS OF
    6  LICENSURE AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE
    7  HUNDRED EIGHT OF THIS TITLE. NOTWITHSTANDING THE PROVISIONS  OF  SECTION
    8  SIXTY-FIVE  HUNDRED  EIGHT OF THIS TITLE, THE COMMITTEE SHALL ASSIST THE
    9  BOARD FOR MEDICINE SOLELY IN GENETIC COUNSELING MATTERS.  MEMBERS OF THE
   10  FIRST COMMITTEE NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO  SUCH
   11  COMMITTEE.
   12    2. THE COMMITTEE SHALL CONSIST OF SEVEN INDIVIDUALS, TO BE COMPOSED OF
   13  THE FOLLOWING:
   14    (A) FIVE LICENSED GENETIC COUNSELORS,
   15    (B) ONE LICENSED PHYSICIAN, AND
   16    (C) A REPRESENTATIVE OF THE PUBLIC AT LARGE WHO IS NOT INVOLVED IN THE
   17  ORGANIZATION, FINANCING OR DELIVERY OF THE PROFESSION.
   18    3.  COMMITTEE MEMBERS SHALL BE APPOINTED FOR TERMS OF FIVE YEARS.  THE
   19  TERMS OF THE FIRST APPOINTED MEMBERS SHALL  BE  STAGGERED  SO  THAT  TWO
   20  MEMBERS  ARE  APPOINTED FOR THREE YEARS, THREE MEMBERS ARE APPOINTED FOR
   21  FOUR YEARS AND TWO MEMBERS ARE APPOINTED FOR FIVE YEARS.
   22    S 7054. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
   23  LICENSE  AS  A  "LICENSED GENETIC COUNSELOR", AN APPLICANT SHALL FULFILL
   24  THE FOLLOWING REQUIREMENTS:
   25    1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   26    2. EDUCATION: HAVE RECEIVED A MASTER'S OR DOCTORAL DEGREE  IN  GENETIC
   27  COUNSELING FROM A PROGRAM REGISTERED BY THE DEPARTMENT, OR DETERMINED BY
   28  THE  DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT, IN ACCORDANCE WITH THE
   29  COMMISSIONER'S REGULATIONS.  APPROPRIATE COURSEWORK SHALL BE  DETERMINED
   30  IN  ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS ON RECOMMENDATIONS OF
   31  THE STATE COMMITTEE FOR GENETIC COUNSELING;
   32    3. EXPERIENCE: EXPERIENCE ACCEPTABLE TO THE DEPARTMENT;
   33    4. EXAMINATION: PASS A GENETIC COUNSELING EXAMINATION SATISFACTORY  TO
   34  THE COMMITTEE AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   35    5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   36    6.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
   37  MENT;
   38    7. FEES: PAY A FEE OF THREE HUNDRED DOLLARS TO THE DEPARTMENT  FOR  AN
   39  INITIAL  LICENSE  AND  TWO HUNDRED DOLLARS FOR EACH SUBSEQUENT TRIENNIAL
   40  RE-REGISTRATION OF A LICENSE.
   41    S 7055. EXEMPT PERSONS. THIS ARTICLE DOES NOT PROHIBIT THE PRACTICE OF
   42  GENETIC COUNSELING BY LICENSED PHYSICIANS OR OTHER PROFESSIONALS  PURSU-
   43  ANT  TO TITLE EIGHT OF THIS CHAPTER TO THE EXTENT THAT THE SCOPE OF SUCH
   44  LICENSE INCLUDES SERVICES WITHIN THE  PRACTICE  OF  GENETIC  COUNSELING.
   45  SUCH EXEMPT PERSONS ARE PROHIBITED FROM USING THE TITLE "GENETIC COUNSE-
   46  LOR"  OR  "LICENSED  GENETIC COUNSELOR" AS PROVIDED FOR IN THIS ARTICLE.
   47  THE FOLLOWING INDIVIDUALS MAY ENGAGE IN THE PRACTICE  OF  GENETIC  COUN-
   48  SELING WITHOUT BEING LICENSED UNDER THIS ARTICLE:
   49    1.  A  LICENSED HEALTH CARE PROFESSIONAL LICENSED UNDER TITLE EIGHT OF
   50  THIS CHAPTER WHO IS PRACTICING WITHIN THE SCOPE OF PRACTICE  AS  DEFINED
   51  IN THIS TITLE;
   52    2.  A  STUDENT  OR  INTERN  ENROLLED  IN  AN APPROVED ACADEMIC PROGRAM
   53  ENGAGED IN ACTIVITIES CONSTITUTING  THE  PRACTICE  OF  A  PROFESSION  AS
   54  DEFINED  IN  THIS  TITLE, WHOSE SCOPE OF PRACTICE INCLUDES GENETIC COUN-
   55  SELING; PROVIDED, HOWEVER, SUCH ACTIVITIES SHALL BE PART OF A SUPERVISED
       S. 4820--A                          4
    1  TRAINING PROGRAM UNDER A LICENSED  GENETIC  COUNSELOR  OR  PHYSICIAN  IN
    2  ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
    3    3.  AN  EMPLOYEE OF THE STATE DEPARTMENT OF HEALTH IN THE PROVISION OF
    4  EDUCATION REGARDING CONDITIONS INCLUDED ON THE NEWBORN SCREENING PANELS.
    5  NOTHING IN THIS ARTICLE SHALL BE  CONSTRUED  AS  PROHIBITING  COUNSELING
    6  SERVICES  PROVIDED  BY  AN  ATTORNEY, RAPE CRISIS COUNSELOR, OR PASTORAL
    7  COUNSELING BY A CLERGY MEMBER WORKING  WITHIN  HIS  OR  HER  MINISTERIAL
    8  CHARGE OF OBLIGATION.
    9    S 7056. LIMITED PERMITS.  LIMITED PERMITS MAY BE ISSUED BY THE DEPART-
   10  MENT TO AUTHORIZE THE PRACTICE OF THE PROFESSION UNDER A LICENSED GENET-
   11  IC COUNSELOR OR PHYSICIAN PURSUANT TO THE COMMISSIONER'S REGULATIONS:
   12    1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
   13  ALL  QUALIFICATIONS  FOR  LICENSURE AS A GENETIC COUNSELOR, EXCEPT THOSE
   14  RELATING TO THE EXAMINATION, IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
   15  LATIONS.
   16    2. LIMITED PERMITS SHALL BE FOR ONE YEAR. SUCH PERMITS MAY BE EXTENDED
   17  AT THE DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
   18    3. THE FEE FOR EACH LIMITED PERMIT  AND  FOR  EACH  RENEWAL  SHALL  BE
   19  SEVENTY DOLLARS.
   20    S  7057.  SPECIAL PROVISION. 1. ANY PERSON WHO POSSESSES A MASTER'S OR
   21  DOCTORAL DEGREE OF GENETIC COUNSELING SATISFACTORY TO THE DEPARTMENT, ON
   22  THE EFFECTIVE DATE OF THIS SECTION, WHO HAS FIFTEEN YEARS  POST-GRADUATE
   23  GENETIC  COUNSELOR  EMPLOYMENT  AND MEETS THE REQUIREMENTS FOR A LICENSE
   24  PURSUANT TO THIS ARTICLE, EXCEPT  FOR  EXAMINATION,  AND  WHO  FILES  AN
   25  APPLICATION AND FEE WITH THE DEPARTMENT WITHIN ONE YEAR OF THE EFFECTIVE
   26  DATE OF THIS SECTION SHALL BE LICENSED AS A LICENSED GENETIC COUNSELOR.
   27    2.  THIS  ARTICLE  SHALL  NOT PROHIBIT THE PROVISIONS OF GENETIC COUN-
   28  SELING SERVICES AS DEFINED IN SUBDIVISION ONE OF SECTION SEVEN  THOUSAND
   29  FIFTY-TWO OF THIS ARTICLE BY A CORPORATION; PROVIDED, HOWEVER, THAT SUCH
   30  SERVICES  ARE  PROVIDED BY A LICENSED GENETIC COUNSELOR OR PERSON EXEMPT
   31  UNDER THIS ARTICLE AND A VIOLATION OF THIS PROVISION SHALL BE A CLASS  A
   32  MISDEMEANOR.  PROVIDED  FURTHER,  THAT ANY SUCH CORPORATION MUST HAVE IN
   33  EFFECT A REQUIREMENT THAT ALL PROFESSIONAL JUDGMENTS,  DECISIONS,  IDEN-
   34  TIFICATION  OR  COORDINATION  OF  GENETIC TESTING, OR OTHER PROFESSIONAL
   35  INTERACTIONS WITH CLIENTS OR PATIENTS BE MADE BASED UPON THE BEST INTER-
   36  ESTS OF SUCH CLIENT OR PATIENT.
   37    3. ANY PERSON OR FIRM OFFERING THE SERVICES  OF  A  GENETIC  COUNSELOR
   38  SHALL  EMPLOY  ONLY  PERSONS LICENSED OR EXEMPT UNDER THIS ARTICLE AND A
   39  VIOLATION OF THIS PROVISION SHALL BE A CLASS A MISDEMEANOR.
   40    S 7058. BOUNDARIES OF  PROFESSIONAL  PRACTICE.  ANY  INDIVIDUAL  WHOSE
   41  LICENSE  OR  AUTHORITY  TO  PRACTICE DERIVES FROM THE PROVISIONS OF THIS
   42  ARTICLE SHALL BE PROHIBITED FROM:
   43    1. PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER OR AS
   44  A TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF HIS  OR
   45  HER PROFESSION;
   46    2.  USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
   47  SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES  OF  THIS
   48  SUBDIVISION,  "INVASIVE  PROCEDURE"  MEANS  ANY PROCEDURE IN WHICH HUMAN
   49  TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR  OTHER
   50  MEANS.  INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
   51  THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY; OR
   52    3. PROVIDING PSYCHOTHERAPY AS DEFINED IN SUBDIVISION  TWO  OF  SECTION
   53  EIGHTY-FOUR HUNDRED ONE OF THIS TITLE.
   54    S  7059.  MANDATORY  CONTINUING EDUCATION. 1. A. EACH LICENSED GENETIC
   55  COUNSELOR REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNIALLY  WITH  THE
   56  DEPARTMENT TO PRACTICE IN THE STATE, SHALL COMPLY WITH PROVISIONS OF THE
       S. 4820--A                          5
    1  MANDATORY  CONTINUING  EDUCATION  REQUIREMENTS PRESCRIBED IN SUBDIVISION
    2  TWO OF THIS SECTION EXCEPT AS SET FORTH IN PARAGRAPHS B AND  C  OF  THIS
    3  SUBDIVISION.   EACH GENETIC COUNSELOR SHALL BE EXEMPT FROM THE MANDATORY
    4  CONTINUING  EDUCATION REQUIREMENTS FOR THE TRIENNIAL REGISTRATION PERIOD
    5  DURING WHICH THEY ARE FIRST LICENSED.  LICENSED GENETIC  COUNSELORS  WHO
    6  DO NOT SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT
    7  PRACTICE  UNTIL  THEY  HAVE  MET  SUCH  REQUIREMENTS, AND THEY HAVE BEEN
    8  ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT A LICENSED GENETIC  COUN-
    9  SELOR  MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS
   10  ISSUED A CONDITIONAL REGISTRATION CERTIFICATE  PURSUANT  TO  SUBDIVISION
   11  THREE OF THIS SECTION.
   12    B. IN ACCORD WITH THE INTENT OF THIS SECTION, ADJUSTMENT TO THE MANDA-
   13  TORY  CONTINUING  EDUCATION REQUIREMENT MAY BE GRANTED BY THE DEPARTMENT
   14  FOR REASONS OF HEALTH CERTIFIED BY AN APPROPRIATE  HEALTH  CARE  PROFES-
   15  SIONAL,  FOR  EXTENDED  ACTIVE  DUTY WITH THE ARMED FORCES OF THE UNITED
   16  STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT  WHICH  MAY
   17  PREVENT COMPLIANCE.
   18    C.  A LICENSED GENETIC COUNSELOR NOT ENGAGED IN PRACTICE AS DETERMINED
   19  BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING  EDUCA-
   20  TION  REQUIREMENT  UPON  THE  FILING  OF A STATEMENT WITH THE DEPARTMENT
   21  DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS    TO  THE  PRACTICE  OF
   22  GENETIC COUNSELING DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY
   23  THE  DEPARTMENT  PRIOR  TO REENTERING THE PROFESSION AND SHALL MEET SUCH
   24  MANDATORY EDUCATION REQUIREMENTS AS SHALL BE PRESCRIBED  BY  REGULATIONS
   25  OF THE COMMISSIONER.
   26    2.  DURING  EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
   27  TRATION AS A LICENSED GENETIC COUNSELOR  SHALL  COMPLETE  A  MINIMUM  OF
   28  FORTY-FIVE  HOURS  OF  FORMAL  CONTINUING  EDUCATION  THROUGH SUCCESSFUL
   29  COMPLETION OF EDUCATION COURSES OR PROGRAMS  APPROVED  BY  THE  NATIONAL
   30  SOCIETY  OF  GENETIC  COUNSELORS  OR ITS SUCCESSORS, OR OTHER COURSES OR
   31  PROGRAMS ACCEPTABLE TO THE DEPARTMENT. ANY  LICENSED  GENETIC  COUNSELOR
   32  WHOSE  FIRST  REGISTRATION  DATE  FOLLOWING  THE  EFFECTIVE DATE OF THIS
   33  SECTION OCCURS LESS THAN THREE YEARS FROM  SUCH  EFFECTIVE  DATE,  SHALL
   34  COMPLETE  CONTINUING  EDUCATION  HOURS ON A PRORATED BASIS OF 1.25 HOURS
   35  PER MONTH. A LICENSEE WHO HAS NOT  SATISFIED  THE  MANDATORY  CONTINUING
   36  EDUCATION  REQUIREMENT  SHALL  NOT  BE  ISSUED  A TRIENNIAL REGISTRATION
   37  CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL  A
   38  CONDITIONAL  REGISTRATION IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE
   39  OF THIS SECTION. CONTINUING EDUCATION HOURS TAKEN DURING  ONE  TRIENNIUM
   40  MAY NOT BE TRANSFERRED TO THE SUBSEQUENT TRIENNIUM.
   41    3.  THE  DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
   42  TRATION TO A  LICENSEE  WHO  FAILS  TO  MEET  THE  CONTINUING  EDUCATION
   43  REQUIREMENTS  ESTABLISHED  IN  SUBDIVISION  TWO  OF THIS SECTION BUT WHO
   44  AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
   45  WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL  REGIS-
   46  TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
   47  NIAL  REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
   48  BE DETERMINED BY THE DEPARTMENT BUT  SHALL  NOT  EXCEED  ONE  YEAR.  ANY
   49  LICENSEE  WHO  IS  NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
   50  SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED  CONTINUING
   51  EDUCATION  AND  WHO  PRACTICES GENETIC COUNSELING WITHOUT SUCH REGISTRA-
   52  TION, MAY BE SUBJECT TO THE DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION
   53  SIXTY-FIVE HUNDRED TEN OF THIS CHAPTER.
   54    4. FOR THE PURPOSES OF THIS  SECTION,  "ACCEPTABLE  FORMAL  CONTINUING
   55  EDUCATION"  SHALL  MEAN  FORMAL  COURSES OF LEARNING WHICH CONTRIBUTE TO
   56  PROFESSIONAL PRACTICE IN GENETIC COUNSELING AND WHICH MEET THE STANDARDS
       S. 4820--A                          6
    1  PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. THE  DEPARTMENT  MAY,  IN
    2  ITS  DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF
    3  THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING  EDUCATION  COURSES  IN
    4  SPECIFIC  SUBJECTS.  TO  FULFILL  THIS  MANDATORY  CONTINUING  EDUCATION
    5  REQUIREMENT, COURSES MUST BE CONTINUING EDUCATION  COURSES  OR  PROGRAMS
    6  APPROVED  BY THE NATIONAL SOCIETY OF GENETIC COUNSELORS OR ITS SUCCESSOR
    7  OR FROM A SPONSOR APPROVED BY THE  DEPARTMENT,  PURSUANT  TO  THE  REGU-
    8  LATIONS OF THE COMMISSIONER.
    9    5.  LICENSED  GENETIC COUNSELORS SHALL MAINTAIN ADEQUATE DOCUMENTATION
   10  OF COMPLETION  OF  ACCEPTABLE  FORMAL  CONTINUING  EDUCATION  AND  SHALL
   11  PROVIDE  SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAILURE TO
   12  PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT  SHALL  BE
   13  AN  ACT  OF  MISCONDUCT  SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO
   14  SECTION SIXTY-FIVE HUNDRED TEN OF THIS CHAPTER.
   15    THE MANDATORY CONTINUING EDUCATION FEE SHALL  BE  FORTY-FIVE  DOLLARS,
   16  SHALL  BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
   17  TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
   18  FEE REQUIRED BY SECTION SIXTY-EIGHT HUNDRED FIVE OF THIS ARTICLE.
   19    S 2. Severability. If any clause, sentence, paragraph, section or part
   20  of this act shall be adjudged by any court of competent jurisdiction  to
   21  be  invalid  and  after  exhaustion  of all further judicial review, the
   22  judgment shall not affect, impair or invalidate the  remainder  thereof,
   23  but  shall  be  confined in its operation to the clause, sentence, para-
   24  graph, section or part of this act directly involved in the  controversy
   25  in which the judgment shall have been rendered.
   26    S  3.  This  act shall take effect eighteen months after it shall have
   27  become a law; provided, however, that the state education department  is
   28  authorized  to promulgate any and all rules and regulations and take any
   29  other measure necessary to implement this act on or before its effective
   30  date, and provided further that section  7059  of  article  142  of  the
   31  education  law,  as  added  by section one of this act shall take effect
   32  three years after the effective date of this act.