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HB0293b -1- CSHB 293(L&C)
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CS FOR HOUSE BILL NO. 293(L&C)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - SECOND SESSION
BY THE HOUSE LABOR AND COMMERCE COMMITTEE
Offered: 2/25/26
Referred: Finance
Sponsor(s): REPRESENTATIVE FIELDS
A BILL
FOR AN ACT ENTITLED
"An Act relating to the practice of genetic counseling; relating to the licensure of genetic 1
counselors; establishing the Genetic Counseling Advisory Council; relating to the duties 2
of the State Medical Board; relating to telehealth by licensed genetic counselors; relating 3
to medical malpractice liability of licensed genetic counselors; relating to immunity from 4
civil liability for a licensed genetic counselor providing free health care services; and 5
prohibiting unfair discrimination under group health insurance against genetic 6
counselors." 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 8
* Section 1. AS 08.02.110(a) is amended to read: 9
(a) An acupuncturist licensed under AS 08.06, an audiologist or speech-10
language pathologist licensed under AS 08.11, a behavior analyst licensed under 11
AS 08.15, a person licensed in the state as a chiropractor under AS 08.20, a 12
professional or associate counselor licensed under AS 08.29, a dentist under AS 08.36, 13
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a dietitian or nutritionist licensed under AS 08.38, a genetic counselor licensed 1
under AS 08.53, a massage therapist licensed under AS 08.61, a marital and family 2
therapist licensed under AS 08.63, a medical practitioner or osteopath under AS 08.64, 3
a direct-entry midwife certified under AS 08.65, a registered or advanced practice 4
registered nurse under AS 08.68, an optometrist under AS 08.72, a licensed 5
pharmacist under AS 08.80, a physical therapist or occupational therapist licensed 6
under AS 08.84, a psychologist under AS 08.86, or a clinical social worker licensed 7
under AS 08.95, shall use as professional identification appropriate letters or a title 8
after that person's name that represents the person's specific field of practice. The 9
letters or title shall appear on all signs, stationery, or other advertising in which the 10
person offers or displays personal professional services to the public. In addition, a 11
person engaged in the practice of medicine or osteopathy as defined in AS 08.64.380, 12
or a person engaged in any manner in the healing arts who diagnoses, treats, tests, or 13
counsels other persons in relation to human health or disease and uses the letters 14
"M.D." or the title "doctor" or "physician" or another title that tends to show that the 15
person is willing or qualified to diagnose, treat, test, or counsel another person, shall 16
clarify the letters or title by adding the appropriate specialist designation, if any, such 17
as "dermatologist," "radiologist," "audiologist," "naturopath," or the like. 18
* Sec. 2. AS 08.02.130(j)(1) is amended to read: 19
(1) "health care provider" means 20
(A) an audiologist or speech-language pathologist licensed 21
under AS 08.11; a behavior analyst licensed under AS 08.15; a chiropractor 22
licensed under AS 08.20; a professional or associate counselor licensed under 23
AS 08.29; a dental hygienist licensed under AS 08.32; a dentist licensed under 24
AS 08.36; a dietitian or nutritionist licensed under AS 08.38; a naturopath 25
licensed under AS 08.45; a genetic counselor licensed under AS 08.53; a 26
marital and family therapist licensed under AS 08.63; a physician licensed 27
under AS 08.64; a podiatrist, osteopath, or physician assistant licensed under 28
AS 08.64; a direct-entry midwife certified under AS 08.65; a nurse licensed 29
under AS 08.68; a dispensing optician licensed under AS 08.71; an optometrist 30
licensed under AS 08.72; a pharmacist licensed under AS 08.80; a physical 31
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therapist or occupational therapist licensed under AS 08.84; a psychologist or 1
psychological associate licensed under AS 08.86; or a social worker licensed 2
under AS 08.95; or 3
(B) a physician licensed in another state; or 4
(C) a member of a multidisciplinary care team who is licensed 5
in another state; 6
* Sec. 3. AS 08.02.130(j)(4) is amended to read: 7
(4) "member of a multidisciplinary care team" means an audiologist, 8
speech-language pathologist, behavior analyst, professional counselor, dietitian, 9
genetic counselor, nutritionist, naturopath, marital and family therapist, podiatrist, 10
osteopath, physician assistant, nurse, pharmacist, physical therapist, occupational 11
therapist, psychologist or psychological associate, advanced nurse practitioner, or 12
social worker who is a member of a team coordinated by a physician licensed in 13
another state who meets the requirements of (b)(3) of this section; 14
* Sec. 4. AS 08 is amended by adding a new chapter to read: 15
Chapter 53. Genetic Counselors. 16
Article 1. Licensing of Genetic Counselors. 17
Sec. 08.53.100. License required; title. (a) Except as provided in 18
AS 08.53.150 and 08.53.210, a person may not practice, offer or attempt to practice, or 19
advertise or announce as being prepared or qualified to practice as a genetic counselor 20
without a license. 21
(b) Unless licensed under this chapter or excepted from licensure under 22
AS 08.53.210(a), a person may not use or publicly display a title in connection with 23
the person's name, including "genetic counselor," "licensed genetic counselor," "gene 24
counselor," "genetic consultant," "genetic associate," or a similar title or associated 25
letters, abbreviations, or insignia indicating that the person holds a genetic counseling 26
license. 27
Sec. 08.53.110. Qualifications for license. The board shall issue a license to 28
practice genetic counseling to an applicant who 29
(1) pays the required fees and applies on a form prescribed by the 30
board; and 31
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(2) provides evidence satisfactory to the board that the applicant 1
(A) has successfully completed a certification program in 2
genetic counseling or medical genetics that, at the time of graduation, is 3
accredited by a nationally recognized certifying organization for genetic 4
counseling or medical genetics and approved by the board in regulation; 5
(B) has passed a certified genetic counselor examination 6
provided by a nationally recognized certifying organization for genetic 7
counseling or medical genetics approved by the board in regulation; 8
(C) unless the license was later reinstated, has not had a license 9
to practice genetic counseling revoked, suspended, or, while under 10
investigation, has not voluntarily surrendered a license, in this state or another; 11
and 12
(D) is not the subject of an unresolved or adverse decision 13
based on a complaint, investigation, review procedure, or other disciplinary 14
proceeding undertaken by a state, territorial, local, or federal genetic 15
counseling licensing jurisdiction or law enforcement agency that relates to 16
criminal or fraudulent activity, genetic counseling malpractice, or negligent 17
genetic counseling and that adversely reflects on the applicant's ability or 18
competence to practice as a genetic counselor or on the safety or well-being of 19
a patient or client. 20
Sec. 08.53.120. Temporary license. The board shall issue a temporary license 21
to practice genetic counseling for up to one year to an applicant who meets the 22
requirements of AS 08.53.110(1), (2)(A), (2)(C), and (2)(D), and has met the 23
requirement to take the examination required under AS 08.53.110(2)(B), but has either 24
not taken the examination or has not received examination results. A genetic counselor 25
working under a temporary license shall work under the general supervision of a 26
licensed genetic counselor or a licensed physician. A temporary license terminates 30 27
days after the holder of the temporary license fails to pass the examination. 28
Sec. 08.53.130. Licensure by credentials. The board may issue a license to 29
practice genetic counseling to an applicant who pays the required fees and provides 30
satisfactory evidence to the board that the applicant holds an equivalent valid license 31
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issued by another state, territory, or jurisdiction of the United States. 1
Sec. 08.53.140. Renewal of license; continuing education. (a) The board 2
shall renew the license of a licensee who applies for renewal on a form provided by 3
the board, pays the required fee, provides evidence of continued competency in 4
accordance with regulations adopted by the board, and provides evidence satisfactory 5
to the board that the licensee meets the requirements of either (b) or (c) of this section. 6
(b) A licensee shall provide with an application to renew the license evidence 7
satisfactory to the board demonstrating the licensee has completed, within two years 8
immediately preceding the application, 50 continuing education units provided by a 9
nationally recognized certifying organization for genetic counseling or medical 10
genetics that is approved by the board in regulation. 11
(c) A licensee may submit a written request to the board to waive or reduce 12
the continuing education requirements under (b) of this section or grant an extension 13
of time in which the continuing education requirements must be completed. The board 14
may grant the request if the licensee was unable to complete the continuing education 15
requirements because 16
(1) of an illness of the licensee or of a family member for whom the 17
licensee provides care; 18
(2) the licensee experienced another demonstrated hardship that 19
substantially interfered with the licensee's ability to complete the continuing education 20
requirements; or 21
(3) approved continuing education units were not reasonably available 22
to the licensee. 23
Sec. 08.53.150. Genetic counseling intern. (a) A person enrolled as a student 24
in a certification program in genetic counseling or medical genetics that is accredited 25
by a nationally recognized certifying organization for genetic counseling or medical 26
genetics and approved by the board in regulation may perform genetic counseling 27
services using the title of genetic counseling intern if the services 28
(1) performed are an integral part of the student's course of study; and 29
(2) are performed under the direct supervision of a licensed genetic 30
counselor who is assigned to supervise the student. 31
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(b) In this section, "direct supervision" means supervision that is on-site or 1
available by visual or real-time electronic means through which a supervising licensed 2
genetic counselor guides the genetic counseling intern while the genetic counseling 3
intern performs a clinical activity; "direct supervision" may include demonstration, 4
coaching, and observation to the extent that the demonstration, coaching, or 5
observation otherwise meets the requirements of this subsection. 6
Article 2. Regulation of Genetic Counselors. 7
Sec. 08.53.160. Scope of practice of genetic counselors. A licensed genetic 8
counselor may 9
(1) obtain and evaluate individual, family, and medical histories to 10
determine genetic risk for medical conditions and diseases in a patient or client or a 11
patient's or client's family members, including future potential children of the patient 12
or client; 13
(2) discuss the features, natural history, means of diagnosis, genetic 14
and environmental factors, and management of risk for genetic or medical conditions 15
or diseases with a patient or client; 16
(3) identify, order, and coordinate genetic laboratory tests and other 17
diagnostic studies as appropriate for the genetic assessment of a patient or client; 18
(4) integrate genetic laboratory test results and other diagnostic studies 19
with a patient's or client's personal and family medical history to assess and 20
communicate risk factors for genetic or medical conditions and diseases; 21
(5) explain the results and clinical implications of genetic laboratory 22
tests and other diagnostic studies to a patient or client; 23
(6) evaluate a patient's or client's or the patient's or client's family's 24
responses to, risk of, or risk of the recurrence of a medical condition or disease, and 25
provide related counseling and anticipatory guidance centered on the patient or client; 26
(7) use and provide referrals for community and online resources for 27
medical, educational, financial, and psychosocial support and advocacy to patients, 28
clients, families, and health care professionals; and 29
(8) provide written clinical documentation of medical, genetic, and 30
counseling information to patients, clients, families, and health care professionals. 31
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Sec. 08.53.170. Disciplinary sanctions. (a) In addition to the board's powers 1
under AS 08.01.075, the board may revoke or suspend the license of a genetic 2
counselor, or may reprimand, censure, or discipline a licensee, if, after a hearing, the 3
board finds that the licensee 4
(1) used or knowingly cooperated in deceit, fraud, or intentional 5
misrepresentation to obtain a license; 6
(2) engaged in unprofessional conduct in the course of providing 7
professional services; 8
(3) violated the code of ethics adopted by the board; 9
(4) violated any provision of this chapter, a regulation adopted under 10
this chapter, or an order issued by the board; or 11
(5) has been convicted of a felony or a crime that involves moral 12
turpitude. 13
(b) The board may reinstate a revoked license if the licensee applies for 14
reinstatement of the revoked license at least one year after the revocation and, after a 15
hearing, the board finds that the licensee is able to practice the profession with skill 16
and safety. 17
Article 3. Genetic Counseling Advisory Council. 18
Sec. 08.53.180. Genetic Counseling Advisory Council. (a) The board shall 19
establish the Genetic Counseling Advisory Council for the purpose of advising the 20
board on matters relating to administering this chapter. 21
(b) The council consists of at least three and not more than five members 22
appointed by the board. A majority membership of the council must be licensed 23
genetic counselors. The council must include at least one licensed physician. If the 24
council has five members, the council may include one public member. A public 25
member of the council may not 26
(1) be engaged in the occupation that the board regulates; 27
(2) be associated by legal contract with a member of the occupation 28
that the board regulates except as a consumer of the services provided by a practitioner 29
of the occupation; or 30
(3) have a direct financial interest in the occupation that the board 31
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regulates. 1
(c) The council shall meet at least annually or as necessary to conduct 2
business. The council may meet at the call of the chair, by the written request of a 3
majority of the council members, or at the request of the board. 4
(d) At the first meeting of the council, and annually thereafter, the council 5
shall elect from its membership a chair, vice chair, and secretary. An officer shall 6
serve until a successor is elected. 7
(e) A majority of the members of the council constitute a quorum. 8
(f) Members of the council serve staggered terms of three years. A council 9
member may not be appointed for more than three consecutive full terms. If a vacancy 10
occurs, the board shall appoint a qualified person to fill the unexpired portion of the 11
term. The board may remove a council member if the council member 12
(1) during the term of service, no longer meets the qualifications 13
required for appointment to the council; 14
(2) fails to attend council meetings for a period of one year; 15
(3) is found by the board to be in violation of a provision of this 16
chapter. 17
(g) Members of the council are not entitled to per diem and travel expenses 18
authorized for boards and commissions under AS 39.20.180. 19
Article 4. General Provisions. 20
Sec. 08.53.200. Application of Administrative Procedure Act. AS 44.62 21
(Administrative Procedure Act) applies to any action taken by the board under this 22
chapter. 23
Sec. 08.53.210. Exceptions to application of chapter. (a) This chapter does 24
not apply to a genetic counselor who is 25
(1) in the miliary service in the discharge of official duties; 26
(2) in the employ of the United States Public Health Service, United 27
States Department of Veterans Affairs, United States Indian Health Service, or another 28
agency of the federal government, in the discharge of official duties; 29
(3) licensed in another state or jurisdiction who is teaching or 30
demonstrating clinical techniques at a meeting, seminar, or limited course of 31
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instruction sponsored by a genetic counseling society or association or by an 1
accredited genetic counseling or medical genetics educational institution; 2
(4) employed in the state by an Indian health program, as that term is 3
defined in 25 U.S.C. 1603, while providing genetic counseling services to a person the 4
Indian health program is entitled to serve under 25 U.S.C. 5301 - 5332 (Indian Self-5
Determination and Education Assistance Act), as amended, and 25 U.S.C. 1601 et seq. 6
(Indian Health Care Improvement Act), as amended. 7
(b) A health care provider licensed in the state who is not a licensed genetic 8
counselor may provide genetic information, education, and support consistent with the 9
scope of the health care provider's practice, education, and training. 10
(c) A person excepted from this chapter under (a) of this section is held to the 11
same standard of care as a person covered by this chapter. 12
Sec. 08.53.220. Penalty. A person who violates a provision of this chapter or a 13
regulation adopted under this chapter for which a penalty is not otherwise provided is 14
guilty of a class B misdemeanor. 15
Sec. 08.53.230. Regulation of genetic counselors; powers of the board. (a) 16
In consultation with the Genetic Counseling Advisory Council established under 17
AS 08.53.180, the board shall adopt regulations necessary to carry out the purposes of 18
AS 08.53 regarding the licensure of genetic counselors and regulation of services a 19
genetic counselor may perform. The regulations must include the adoption of a code 20
of ethics for genetic counselors based on nationally recognized ethical standards for 21
genetic counselors. 22
(b) The board shall have the power to administer oaths, subpoena witnesses, 23
and compel the production of documents pertinent to carrying out duties imposed by 24
this chapter. 25
Sec. 08.53.300. Definitions. In this chapter, 26
(1) "board" means the State Medical Board; 27
(2) "licensed genetic counselor" means a genetic counselor licensed 28
under this chapter. 29
* Sec. 5. AS 08.64.101(a) is amended to read: 30
(a) The board shall 31
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(1) except as provided in regulations adopted by the board under (b) of 1
this section, examine and issue licenses to applicants; 2
(2) develop written guidelines to ensure that licensing requirements are 3
not unreasonably burdensome and the issuance of licenses is not unreasonably 4
withheld or delayed; 5
(3) after a hearing, impose disciplinary sanctions on persons who 6
violate this chapter, AS 08.53, or the regulations or orders of the board; 7
(4) adopt regulations ensuring that renewal of licenses is contingent on 8
proof of continued competency on the part of the licensee; 9
(5) under regulations adopted by the board, contract with private 10
professional organizations to establish an impaired medical professionals program to 11
identify, confront, evaluate, and treat persons licensed under this chapter who abuse 12
alcohol, other drugs, or other substances or are mentally ill or cognitively impaired; 13
(6) adopt regulations that establish guidelines for a physician or 14
physician assistant who is rendering a diagnosis, providing treatment, or prescribing, 15
dispensing, or administering a prescription drug to a person without conducting a 16
physical examination under AS 08.64.364; the guidelines must include a nationally 17
recognized model policy for standards of care of a patient who is at a different location 18
than the physician or physician assistant; 19
(7) require that a licensee who has a federal Drug Enforcement 20
Administration registration number register with the controlled substance prescription 21
database under AS 17.30.200(n). 22
* Sec. 6. AS 08.64.103(a) is amended to read: 23
(a) After consulting with the board, the department shall employ two persons 24
who are not members of the board; one shall be assigned as the investigator for the 25
board; the other shall be assigned as the executive secretary for the board. The 26
investigator shall 27
(1) conduct investigations into alleged violations of this chapter, 28
violations of AS 08.53, and into alleged violations of regulations and orders of the 29
board; 30
(2) at the request of the board, conduct investigations based on 31
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complaints filed with the department or with the board; [AND] 1
(3) be directly responsible and accountable to the board, except that 2
only the department has authority to terminate the investigator's employment and the 3
department shall provide day-to-day [DAY TO DAY] and administrative supervision 4
of the investigator; and 5
(4) in consultation with the Genetic Counseling Advisory Council, 6
ensure that applicants for a license or renewal meet the applicable requirements 7
under AS 08.53 and established by the board. 8
* Sec. 7. AS 08.64.130(a) is amended to read: 9
(a) The board shall preserve a record of its proceedings, which must contain 10
the name, age, residence, and duration of residence of each applicant for a license 11
under this chapter, the time spent by the applicant in medical study, the place of 12
medical study, and the year and school from which degrees were granted. The record 13
must also show whether the applicant was granted a license or rejected. 14
* Sec. 8. AS 09.55.560(2) is amended to read: 15
(2) "health care provider" means an acupuncturist licensed under 16
AS 08.06; an audiologist or speech-language pathologist licensed under AS 08.11; a 17
chiropractor licensed under AS 08.20; a dental hygienist licensed under AS 08.32; a 18
dentist licensed under AS 08.36; a genetic counselor licensed under AS 08.53; a 19
nurse licensed under AS 08.68; a dispensing optician licensed under AS 08.71; a 20
naturopath licensed under AS 08.45; an optometrist licensed under AS 08.72; a 21
pharmacist licensed under AS 08.80; a physical therapist or occupational therapist 22
licensed under AS 08.84; a physician or physician assistant licensed under AS 08.64; a 23
podiatrist; a psychologist and a psychological associate licensed under AS 08.86; a 24
hospital as defined in AS 47.32.900, including a governmentally owned or operated 25
hospital; an employee of a health care provider acting within the course and scope of 26
employment; an ambulatory surgical facility and other organizations whose primary 27
purpose is the delivery of health care, including a health maintenance organization, 28
individual practice association, integrated delivery system, preferred provider 29
organization or arrangement, and a physical hospital organization; 30
* Sec. 9. AS 09.65.300(c)(1) is amended to read: 31
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(1) "health care provider" means a physician, physician assistant, 1
dentist, dental hygienist, osteopath, optometrist, chiropractor, registered nurse, 2
practical nurse, advanced practice registered nurse, naturopath, physical therapist, 3
occupational therapist, marital and family therapist, psychologist, psychological 4
associate, behavior analyst, assistant behavior analyst, licensed clinical social worker, 5
athletic trainer, certified direct-entry midwife, genetic counselor, licensed 6
professional counselor, or licensed associate counselor; 7
* Sec. 10. AS 21.36.090(d) is amended to read: 8
(d) Except to the extent necessary to comply with AS 21.42.365 and 9
AS 21.56, a person may not practice or permit unfair discrimination against a person 10
who provides a service covered under a group health insurance policy that extends 11
coverage on an expense incurred basis, or under a group service or indemnity type 12
contract issued by a health maintenance organization or a nonprofit corporation, if the 13
service is within the scope of the provider's occupational license. In this subsection, 14
"provider" means a state licensed physician, physician assistant, dentist, osteopath, 15
optometrist, chiropractor, advanced practice registered nurse, pharmacist, naturopath, 16
physical therapist, occupational therapist, marital and family therapist, psychologist, 17
psychological associate, licensed clinical social worker, licensed professional 18
counselor, licensed associate counselor, certified direct-entry midwife, genetic 19
counselor, or dental hygienist holding an advanced practice permit. 20
* Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 21
read: 22
TRANSITION: CURRENT GENETIC COUNSELORS. Notwithstanding the 23
licensing requirement of AS 08.53.100, enacted by sec. 4 of this Act, a person who, on the 24
day before the effective date of this Act, is engaged in the practice of genetic counseling, may 25
continue to practice genetic counseling without a license issued under AS 08.53 by the State 26
Medical Board until July 1, 2027. 27
* Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 28
read: 29
TRANSITION: INITIAL MEMBERS OF THE GENETIC COUNSELING 30
ADVISORY COUNCIL. (a) The State Medical Board shall appoint the initial members of the 31
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Genetic Counseling Advisory Council established in sec. 4 of this Act during the first meeting 1
of the board following the effective date of this Act. 2
(b) Notwithstanding AS 08.53.180(b), enacted by sec. 4 of this Act, a person who is 3
engaged in the practice of genetic counseling on the day before the effective date of this Act 4
may be appointed by the State Medical Board as an initial member of the Genetic Counseling 5
Advisory Council without a license issued under AS 08.53 by the State Medical Board. A 6
person appointed under this subsection may only continue to serve on the Genetic Counseling 7
Advisory Council after July 1, 2027, if the person obtains a license issued under AS 08.53 by 8
the State Medical Board on or before July 1, 2027. 9