Senate Medical Affairs Committee Amendment
S 241 - Session 125 (2023-2024)
Genetic Counselors

The Committee on Medical Affairs proposes the following amendment (SR-241.KM0003S):

Amend the bill, as and if amended, SECTION 1, by striking Section 40-84-10(A) and inserting:

(A) There is created the South Carolina Board of Genetic Counselors , to license genetic counselors. The purpose of this board is to protect the public through the regulation of professionals who educate and communicate with the public regarding the human problems associated with the occurrence, or the risk of occurrence, of a genetic disorder in a family, including the provision of services to help an individual or family.

Amend the bill further, SECTION 1, by striking Section 40-84-10(B)(1), (2), and (3) and inserting:

(B)(1) The board must be composed of five members appointed by the Governor, one of whom must be a lay member from the State at-large and four practicing genetic counselors. The board shall review and make determinations regarding all matters relating to genetic counselors including, but not limited to:

(a) applications for licensure;

(b) licensure renewal requirements;

(c) disciplinary investigations or actions; and

(d) promulgation of administrative regulations.

(2) Members of the board shall serve three-year terms until their successors are appointed and qualify, except for initial appointments.

(3) The chair of the board must be elected by a majority vote of the board members and must preside over meetings. Meetings must be held biennially . Additional meetings may be held at the call of the chair or upon the written request of three board members.

Amend the bill further, SECTION 1, by striking Section 40-84-10(B)(4)(a) and (b) and inserting:

(a) Initial genetic counselor members shall serve without a license until licenses become available.

(b) Initial genetic counselor members must be ABGC-certified for a minimum of five years.

Amend the bill further, SECTION 1, by striking Section 40-84-10(B)(5) and (6) and inserting:

(5) Members of the board are entitled to per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions.

(6) A board member may be removed by the Governor for good cause or if he misses two consecutive committee meetings without good cause.

Amend the bill further, SECTION 1, by deleting Section 40-84-10(B)(8).

Amend the bill further, SECTION 1, by striking Section 40-84-20(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), and (12) and inserting:

(2) "ACGC" means the Accreditation Council for Genetic Counseling, its successor or equivalent.

(3) "Board" means the Board of Genetic Counselors created in Section 40-84-10.

(4) "Department" means the Department of Labor, Licensing and Regulation.

(5) "Genetic counselor" means a person who has met all the conditions of this chapter and is licensed in this State to practice genetic counseling.

(6) "Limited licensee" means a person who obtains a limited license by the board who meets all the requirements for licensure except the successful completion of the examination, and whose activities are performed under supervision .

(7) "NSGC" means the National Society of Genetic Counselors, its successor or equivalent.

(8) "Practice of genetic counseling" means:

(a) obtain and evaluate individual, family, and medical histories to determine genetic risk for genetic/medical conditions and diseases in a patient, his offspring, and other family members;

(b) discuss the features, natural history, means of diagnosis, genetic and environmental factors, and management of risk for genetic/medical conditions and diseases;

(c) identify and order genetic laboratory tests as appropriate for the genetic assessment;

(d) integrate genetic laboratory test results and other diagnostic studies with personal and family medical histories to assess and communicate risk factors for genetic/medical conditions and diseases;

(e) explain the clinical implications of genetic laboratory tests and other diagnostic studies and their results;

(f) evaluate responses of the client and his family to the condition or risk of recurrence and provide client-centered counseling and anticipatory guidance;

(g) identify and use community resources that provide medical, educational, financial, and psychosocial support and advocacy; and

(h) provide written documentation of medical, genetic, and counseling information for families and health care professionals.

(9) "Student" or "genetic counselor student" means an individual enrolled in an ACGC-approved genetic counselor program while engaged in completing the clinical education requirement for graduation.

(10) "Supervision" means supervision provided by a licensed genetic counselor or physician and shall mean the review of genetic counseling and case management as appropriate that include regular chart reviews of clients with the limited licensee and the supervisor. Supervision may be conducted in-person or by telesupervision. For the purposes of this definition, "telesupervision" means clinical supervision that is provided by an electronic communication device, whether audio or video, or both.

Amend the bill further, SECTION 1, by striking Section 40-84-40(B)(3)(a) and (b) and inserting:

(a) a master's degree from a genetic counseling training program accredited by the ACGC or an equivalent program as determined by the board; and

(b) ABMGG certification.

Amend the bill further, SECTION 1, by striking Section 40-84-40(C), (D), and (E) and inserting:

(C) The board may issue a limited license to a limited licensee applicant who meets all of the requirements for licensure except the certification requirement in this section and has obtained active candidate status establishing eligibility to sit for the certification examination administered by the ABGC or the ABMGG. A limited license shall expire automatically upon the earliest of:

(1) issuance of a full license;

(2) thirty days after the applicant fails to pass the certification examination; or

(3) one year from the date the limited license was issued.

(D) An applicant may be licensed pursuant to this chapter if he demonstrates to the satisfaction of the board that he is licensed or registered under the laws of another state, territory, or jurisdiction of the United States which, in the opinion of the board, imposes substantially the same licensing requirements as this chapter.

(E) The board shall not issue a permanent license to a licensed or registered genetic counselor of another state or territory of the United States:

(1) whose license is currently revoked, suspended, restricted in any way, or on probationary status that that state or territory; or

(2) who currently has a disciplinary action pending in another state or territory.

Amend the bill further, SECTION 1, by striking Section 40-84-50(A) and inserting:

(A) The department shall renew a license upon receipt of the renewal application and upon payment of the fee in an amount to be determined by the board in regulation.

Amend the bill further, SECTION 1, by deleting Section 40-84-50(D).

Amend the bill further, SECTION 1, by striking Section 40-84-70 and inserting:

Section 40-84-70.The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter including, but not limited to, promulgation of regulations for the practice of genetic counseling, and establishing disciplinary procedures.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. The initial license fee is six hundred dollars. The license fee is subject to change in regulation in accordance with the provisions of Section 40-1-50, as added to the S.C. Code by this act. The department may establish and adjust application fees, license renewal fees, late fees, reinstatement fees, and other related fees in regulation. The department shall only establish fees at levels which are adequate to ensure the continued operation of the regulatory program established in this act and may not set or maintain fees that substantially exceed this need.