Commerce, Occupational and Professional Licensing

Rule R156-75

Genetic Counselors Licensing Act Rules

Notice of Proposed Rule

(Amendment)

DAR File No.: 32883
Filed: 08/13/2009 02:06:14 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Genetic Counselor Licensing Board reviewed this rule and need to update the rule with respect to temporary licensure and to increase the continuing education hours.

Summary of the rule or change:

Throughout the rule, the term "rules" has been replaced with "rule" where applicable. Also, statutory and rule citations have been updated where necessary. In Section R156-75-302b, the existing rule allows an individual to hold a temporary genetic counselor license for up to 42 months. The reason for making the temporary license available for such a long period of time was because, at one time, the American Board of Genetic Counseling (ABGC) certification examination was only administered once every three years. However, the certification exam is now offered every two years. Beginning in 2010, it will be offered once a year. The increase in the frequency of the certification exam offering provides a basis for decreasing the maximum term of the temporary license. Paragraph (3) is amended to allow a temporary license to be issued for up to 42 months until 04/30/2010. Subsection R156-75-302b(4) is added to provide that beginning 05/01/2010, a temporary license may be issued for a period of up to 15 months and to provide that if a temporary licensee fails the exam, the licensee can reapply for a second temporary license. In Section R156-75-304, the number of required continuing education hours for each 2-year period is being increased from 30 hours to 50 hours. The Board felt this change was necessary in order to make the continuing education requirement consistent with ABGC certification requirements.

State statutory or constitutional authorization for this rule:

• Subsection 58-75-302(2)
• Subsection 58-1-106(1)(a)
• Subsection 58-75-303(2)
• Subsection 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to licensed genetic counselors and applicants for licensure in that classification. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed genetic counselors and applicants for licensure in that classification. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business. The proposed amendments require that licensed genetic counselors complete 20 more hours of continuing education every 2 years, which would cause an increase in the amount of money that a licensee spends on continuing education. The cost of continuing education for licensed genetic counselors ranges from $25 to $40 for every 10 hours of continuing education, plus registration and transportation costs if applicable. The Division currently has 35 licensed genetic counselors which would result in an aggregate cost of approximately $2,800 every 2 years due to the increased number of continuing education hours required. It should be noted that many licensees already complete 50 hours of continuing education every 2 years in order to maintain their ABGC certification, so that aggregate costs shown herein may be less.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensed genetic counselors and applicants for licensure in that classification. The proposed amendments require that licensed genetic counselors complete 20 more hours of continuing education every 2 years, which would cause an increase in the amount of money that a licensee spends on continuing education. The cost of continuing education for licensed genetic counselors ranges from $25 to $40 for every 10 hours of continuing education, plus registration and transportation costs if applicable. The Division currently has 35 licensed genetic counselors which would result in an aggregate cost of approximately $2,800 every 2 years due to the increased number of continuing education hours required. It should be noted that many licensees already complete 50 hours of continuing education every 2 years in order to maintain their ABGC certification, so that aggregate costs shown herein may be less.

Compliance costs for affected persons:

The proposed amendments only apply to licensed genetic counselors and applicants for licensure in that classification. The proposed amendments require that licensed genetic counselors complete 20 more hours of continuing education every 2 years, which would cause an increase in the amount of money that a licensee spends on continuing education. The cost of continuing education for licensed genetic counselors ranges from $25 to $40 for every 10 hours of continuing education, plus registration and transportation costs if applicable. It should be noted that many licensees already complete 50 hours of continuing education every two years in order to maintain their ABGC certification.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing decreases the length of time for temporary licenses as the required examination is offered more frequently, requires additional continuing education hours to become more consistent with national certification requirements and makes other technical amendments. No significant fiscal impact to businesses is anticipated given that most licensees already complete additional continuing education for national certification purposes.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Rich Oborn at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at roborn@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/15/2009

Interested persons may attend a public hearing regarding this rule:

• 09/29/2009 01:00 PM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT

This rule may become effective on:

10/22/2009

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-75. Genetic Counselors Licensing Act Rule[s].

R156-75-101. Title.

[These rules are]This rule is known as the "Genetic Counselors Licensing Act Rule[s]."

R156-75-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 75, as defined or used in [these rules]this rule:

(1) "Active candidate status", as used in Subsection R156-75-302b(1) , describes an individual who has been approved by the American Board of Genetic Counseling (ABGC) to sit for the certification exam in genetic counseling.

(2) "General supervision", as used in [Section]Subsection R156-75-302 b(2), means the supervisor has the overall responsibility to assess the work of the supervisee including at least twice monthly face to face meetings with chart review and weekly case review. An annual supervision contract signed by the supervisor and supervisee must be on file with both parties.

(3) "Qualified continuing education", as used in [these rules]this rule, means continuing education that meets the standards set forth in Section R156-75-304.

R156-75-103. Authority - Purpose.

[These rules are]This rule is adopted by the [d]Division under the authority of Subsection 58-1-106(1) to enable the [d]Division to administer Title 58, Chapter 75.

R156-75-302b. Qualifications for Licensure - Temporary License.

In accordance with Subsection 58-75-302(2), the requirements for temporary licensure are established as follows:

(1) An applicant shall meet all the qualifications for licensure as established in Subsection 58-75-302(1) with the exception of Subsection 58-75-302(1)(e), and have active candidate status conferred by the [American Board of Genetic Counseling]ABGC.

(2) An individual practicing under the authority of a temporary license must practice under the general supervision of a licensed genetic counselor or a licensed physician certified in clinical genetics by the American Board of Medical Genetics.

(3) [A]Before May 1, 2010, a temporary license may be issued for a period of up to 42 months. In accordance with Subsection 58-1-303(1)(a), the applicant must take the next available examination. If [an]the applicant fails the first sitting of the [American Board of Genetic Counseling]ABGC certification exam, [he]the applicant may reapply for a second temporary license.

(4) Beginning May 1, 2010, a temporary license may be issued for a period of up to 15 months. In accordance with Subsection 58-1-303(1)(a), the applicant must take the next available examination. If the applicant fails the first sitting of the ABGC certification exam, the applicant may reapply for a second temporary license.

([4]5) A temporary license will not be issued if the applicant has failed the [American Board of Genetic Counseling]ABGC certification examination more than once.

([5]6) A temporary license shall expire upon the earliest of one of the following:

(a) issuance of full licensure;

(b) 30 days after failing the certification exam; or

(c) the date printed on the temporary license.

R156-75-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 75 is established by rule in Section R156-1-308 a(1).

(2) Renewal procedures shall be in accordance with Section R156-1-308 c.

R156-75-304. Continuing Education.

(1) In accordance with Subsections 58-1-203[(7)](1)(g), 58-1-308(3)(b) and Section 58-75-303, there is created a continuing education requirement as a condition for renewal or reinstatement of licenses issued under Title 58, Chapter 75.

(2) Continuing education shall consist of [30]50 hours ([3]5 CEU's) in each preceding two year licensing cycle and must be approved for recertification purposes by the [American Board of Genetic Counseling]ABGC.

(3) A licensee shall be responsible for maintaining competent records of completed qualified professional education for a period of four years after close of the two year period to which the records pertain. It is the responsibility of the licensee to maintain such information with respect to qualified professional education to demonstrate it meets the requirements under this section.

(4) A licensee who documents [he is subjected to ]circumstances which prevent [that]the licensee from meeting the continuing professional education requirements established under this section may apply to be excused from the requirement for a period of up to two years. It is the responsibility of the licensee to document the reasons and justify why the requirement could not be met.

KEY: licensing, occupational licensing, genetic counselors

Date of Enactment or Last Substantive Amendment: [April 2, 2002] 2009

Notice of Continuation: January 9, 2007

Authorizing, and Implemented or Interpreted Law: 58-1-106(1) (a) ; 58-1-202(1)(a); 58-75-302(2); 58-75-303(2)