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HB4010 - 572R - H Ver
House Engrossed
genetic counselors;
board; licensure
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 4010
AN
ACT
amending
title 32, Arizona Revised Statutes, by adding chapter 27; amending sections
32-3201 and 36-3601, Arizona Revised Statutes; amending title 41, chapter 27,
article 2, Arizona Revised Statutes, by adding section 41-3034.01;
relating to health profession regulatory boards.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section
1.
1. Title
32, Arizona Revised Statutes, is amended by adding chapter 27, to read:
CHAPTER
27
BOARD
OF GENETIC COUNSELORS
ARTICLE 1. GENERAL PROVISIONS
START_STATUTE
32-2701.
Definitions
In this chapter, unless the context otherwise
requires:
1. "Active candidate
Status" means that a person meets the requirements established by the
American board of genetic counseling, or its successor, to take the American
board of genetic counseling's certification examination in general genetics and
genetic counseling and has been granted this designation.
2. "Board" means the board
OF GENETIC COUNSELORS.
3. "Certification" means
certification as a genetic counselor by the American board of genetic
counseling, or its successor, or the American board of medical genetics and
genomics, or its successor, or certification as a P
h
D geneticist by the American board of
medical genetics and genomics, or its successor.
4. "Director" means the
director of the board.
5. "Genetic counseling"
means a communication process that may include:
(
a
) Estimating
the likelihood of the occurrence or recurrence of any potential inherited or
genetically influenced condition or congenital abnormality, including:
(
i
) Obtaining
and analyzing the complete health history of an individual and the individual's
family members.
(
ii
) Reviewing
pertinent medical records.
(
iii
) Evaluating
the risks from exposure to possible mutagens or teratogens.
(
iv
) Determining
appropriate genetic testing or other evaluations to diagnose a condition or
determine the carrier status of one or more family members.
(
v
) Ordering,
coordinating and disclosing genetic laboratory tests and results and other
diagnostic studies as appropriate for the genetic assessment.
(
b
) Helping an
individual, family member or health care provider to:
(
i
) Appreciate
the medical, psychological and social implications of a disorder, including its
features, variability, usual course and management options.
(
ii
)
Learn
how genetic factors contribute to a disorder and affect the chance for
occurrence of the disorder in other family members.
(
iii
) Understand
available options for coping with, preventing or reducing the chance of the
disorder occurring in other family members.
(
c
) Facilitating
an individual's or family member's:
(
i
) Exploration
of the perception of risk and burden associated with a genetic disorder.
(
ii
) Adjustment
and adaptation to a disorder or the individual's or family member's genetic
risk by addressing needs for psychological, social and medical support.
6. "Genetic counseling
intern" means a student who is enrolled in a genetic counseling program
accredited by the American board of genetic counseling, or its successor, or
the American board of medical genetics and genomics, or its successor.
7. "Genetic counselor"
means a person who is licensed pursuant to this chapter to engage in the
practice of genetic counseling.
END_STATUTE
START_STATUTE
32-2702.
Board of genetic counselors; membership; appointment; terms;
immunity; compensation
A. The board of genetic counselors is
established consisting of the following members who are appointed by the
governor:
1. Five genetic counselors who hold
active certification in good standing with the American board of genetic
counseling and, beginning January 1, 2028, who hold an active license pursuant
to this chapter and who have not previously been subject to disciplinary action
as a health professional in this state or any other
jurisdiction. The governor may seek input and nominations before the
governor makes these appointments.
2. Two public members.
3. One physician who is actively
engaged in the practice of medicine, who is licensed pursuant to chapter 13 of
this title and who interacts professionally with genetic counselors.
4. One physician who is actively
engaged in the practice of medicine, who is licensed pursuant to chapter 17 of
this title and who interacts professionally with genetic counselors.
B. Before appointment by the
governor, a prospective member of the board shall submit a full set of
fingerprints to the governor for the purpose of obtaining a state and federal
criminal records check pursuant to section 41-1750 and Public Law 92-544.
The department of public safety may exchange this fingerprint data with the
federal bureau of investigation.
C. The term of office of members of
the board is four years to begin and end on September 1.
D. Each board member is eligible for
appointment to not more than two full terms, except that the term of office for
a member who is appointed to fill a vacancy that is not caused by the
expiration of a full term is for the unexpired portion of that term, and the
governor may reappoint that member to not more than two additional full
terms. Each board member may continue to hold office until the
appointment and qualification of that member's successor. The
governor may remove a member after notice and a hearing on a finding of
malfeasance, misfeasance or incompetence in office, unprofessional or
dishonorable conduct in office or unprofessional or dishonorable
conduct. A board member's violation of section 32-2714 is
grounds for removal from the board. The governor shall appoint a qualified
replacement to fill a vacant position for the unexpired portion of the term.
E. A board member's term
automatically ends:
1. On written resignation submitted
to the board chairperson or to the governor.
2. If the member is absent from this
state for more than six months during a one-year period.
3. If the member fails to attend
three consecutive regular board meetings.
4. Five years after retirement from
active practice, if applicable.
F. Board members are immune from
civil liability for all good faith actions taken pursuant to this chapter.
g. Board members are eligible to
receive compensation in the amount of $200 for each day of actual service in
the business of the board and for all expenses necessary and properly incurred
in attending board meetings.
END_STATUTE
START_STATUTE
32-2703.
Powers and duties; delegation of authority; meetings; rules;
subcommittees; immunity; directory online
A. The board shall:
1. As its primary duty, protect the
public from unlawful, incompetent, unqualified, impaired or unprofessional
genetic counselors.
2. License and regulate genetic
counselors pursuant to this chapter. The board shall exercise its authority to
license and regulate genetic counselors, including the board's rulemaking
authority, consistent with the right of conscience prescribed by section 32-2714.
3. By rule:
(
a
) Define and
describe the duties and limits of the practice of genetic counseling consistent
with this chapter.
(
b
) Adopt
standards with respect to the practice of genetic counseling that are designed
to safeguard the HEALTH and safety of patients.
(
c
) Establish
criteria for granting, denying, suspending and revoking a license in order to
protect the health and safety of patients.
(
d
) Establish
fees pursuant to section 32-2711.
4. Order and evaluate physical,
psychological, psychiatric and competency testing of licensees and applicants
as the board determines necessary to enforce this chapter.
5. Review the credentials and the
abilities of applicants for licensure whose professional records or physical or
mental capabilities may not meet the requirements of this chapter.
6. Initiate investigations and
determine on the board's own motion whether a licensee has engaged in
unprofessional conduct or is or may be incompetent or mentally or physically
unable to safely practice genetic counseling.
7. Engage in the full exchange of
information with the licensing and disciplinary boards and professional
associations of other states and jurisdictions of the United States and foreign
countries and with a statewide association for genetic counselors.
8. Direct the preparation and
circulation of educational materials the board determines are helpful and
proper for licensees.
9. Discipline and rehabilitate
genetic counselors pursuant to this chapter.
b. The board shall hold at least one
regular meeting each year and may hold additional meetings as determined
necessary to carry out the functions of the board. The board shall
annually elect from the membership a chairperson and vice chairperson. The vice
chairperson may call regular meetings and special meetings if the chairperson
is not available.
c. The board may delegate to the
director the board's authority pursuant to this section or section 32-2704. The
board shall adopt a substantive policy statement pursuant to section 41-1091
for each specific licensing and regulatory authority the board delegates to the
director.
d. The board may adopt rules
necessary to properly administer and enforce this chapter.
e. The chairperson may establish
subcommittees consisting of board members and define their duties as the
chairperson deems necessary to carry out the functions of the board.
f. Board employees, including the
director, temporary personnel and professional medical investigators, are
immune from civil liability for good faith actions they take to enforce this
chapter.
g. In performing its duties pursuant
to subsection A of this section, the board may receive and review staff reports
on complaints, malpractice cases and all investigations.
H. The board shall maintain an online
directory of licensed genetic counselors.
END_STATUTE
START_STATUTE
32-2704.
Director; duties; board staff and personnel; compensation
A. The executive director of the
Arizona board of osteopathic examiners in medicine and surgery is the director
of the board of genetic counselors. The staff of the Arizona board
of osteopathic examiners in medicine and surgery shall carry out the
administrative responsibilities of the board of genetic counselors.
B. The director is eligible to
receive compensation set by the board within the range determined under section
38-611.
C. The
director or the director's designee shall:
1. Employ,
evaluate, dismiss, discipline and direct professional, clerical, technical,
investigative and administrative personnel necessary to carry on the work of
the board.
2. Set compensation for board
employees within the range determined under section 38-611.
3. As directed by the board, prepare
and submit recommendations for amendments to the genetic counselors practice
act for consideration by the legislature.
4. Appoint and employ consultants and
agents necessary to conduct investigations, gather information and perform
those duties the director determines are necessary and appropriate to enforce
this chapter.
5. Issue licenses to applicants who
meet the requirements of this chapter.
6. Manage the board's offices.
7. Prepare minutes, records, reports,
registries, directories, books and newsletters and record all board
transactions and orders.
8. Collect all monies due and payable
to the board.
9. Pay all bills for authorized
expenditures of the board and its staff.
10. Prepare an annual budget.
11. Submit a copy of the budget each
year to the governor, the president of the senate and the speaker of the house
of representatives.
12. Initiate an investigation if
evidence appears to demonstrate that a genetic counselor may be engaged in
unprofessional conduct or may be medically incompetent or mentally or
physically unable to safely practice as a genetic counselor.
13. Issue subpoenas if necessary to
compel the attendance and testimony of witnesses and the production of books,
records, documents and other evidence.
14. Provide assistance to the
attorney general in preparing and sign and execute disciplinary orders,
rehabilitative orders and notices of hearings as directed by the board.
15. Enter into contracts to procure
goods and services pursuant to title 41, chapter 23 that are necessary to carry
out board policies and directives.
16. Execute board directives.
17. Represent the board in matters
with the federal government, other states or jurisdictions of the United
States, this state, political subdivisions of this state, the news media and
the public.
18. Enter into stipulated agreements
on behalf of the board with persons under the jurisdiction of the board for the
treatment, rehabilitation or monitoring of chemical substance abuse or misuse.
19. Review all complaints filed
pursuant to section 32-2709. If delegated by the board, the
director may dismiss a complaint if the complaint is without merit.
20. Perform all other administrative,
licensing and regulatory duties delegated and required by the board.
D. Consultants and agents appointed
pursuant to subsection C, paragraph 4 of this section are eligible to receive
compensation determined by the director in an amount of not more than $200 for
each day of service.
END_STATUTE
START_STATUTE
32-2705.
Licensure required; exceptions
A. Except as otherwise provided in
this article, a person may not act as a genetic counselor without being
licensed pursuant to this chapter.
B. This chapter does not apply to any
of the following:
1. A person who is licensed in this
state as a physician or who is licensed to practice in a health care profession
other than that of a genetic counselor when acting within the scope of the
person's profession and doing work of a nature consistent with the person's
training. A person described in this paragraph may not claim to be a
genetic counselor.
2. A person who is employed as a
genetic counselor by the federal government or a federal agency if the person
provides genetic counseling services solely under the direction and control of
the entity by which the person is employed.
3. A genetic counseling intern if the
genetic counseling services performed by the genetic counseling intern are an
integral part of the genetic counseling intern's course of study and are
performed under the direct supervision of a genetic counselor who is assigned
to supervise the genetic counseling intern and who is on duty and available in
the assigned patient care area.
4. A visiting genetic counselor who
holds a certification, who is from another state and who performs activities
and services for a period of less than thirty days each year. A visiting
genetic counselor must be licensed or registered in the state of the person's
residence if licensure or registration is available.
END_STATUTE
START_STATUTE
32-2706.
Licensure application; reciprocity; renewal
A. On completion of rulemaking and
not later than October 1, 2026, a person who wishes to practice genetic
counseling in this state shall be licensed pursuant to this chapter. �A person
who was practicing genetic counseling on the effective date of this section
shall apply to the board for licensure pursuant to this chapter on or before
January 1, 2028.
B. An applicant for licensure shall
submit to the board an application prescribed by the board, the fee established
by the board pursuant to section 32-2711 and satisfactory evidence of having
current certification.
C. The board shall grant a genetic
counselor license to a person who meets the qualifications prescribed by this
chapter and the rules adopted by the board pursuant to this chapter.
D. An applicant who provides adequate
documentation to the board of the applicant's licensure or registration as a
genetic counselor under the laws of another state, territory or jurisdiction of
the United States that the board determines imposes substantially the same
licensing requirements as this state may be licensed pursuant to this chapter.
E. An individual who does not qualify
for licensure under this chapter but who has been practicing genetic counseling
in this state before the effective date of this section and who has worked in
this state as a genetic counselor for at least eight years before the effective
date of this section may apply to the board for licensure if the individual
submits all of the following to the board:
1. Documentation of a master's or
higher degree in medical genetics, genetic counseling or a related field of
genetic study from an accreditation council for a genetic counseling accredited
program.
2. Three letters of recommendation
from a physician or genetic counselor, including at least one letter from a
genetic counselor who is eligible for licensure under this section and one
letter from a clinical or medical geneticist who is certified by the American
board of medical genetics and genomics, or its successor. All
individuals who submit letters of recommendation under this paragraph must have
worked with the applicant in an employment setting within the immediately
preceding ten years and be
able to attest to the
applicant's competency in providing genetic counseling services.
3. Documentation of having completed
two and one-half continuing education units in the twelve months
immediately preceding the application date.
F. Except in the case of a
provisional license issued pursuant to section 32-2707, all licenses shall be
issued for a two-year period on payment of the fee established by the board
pursuant to section 32-2711.
G. A license shall be renewed on
filing a renewal application that includes the renewal fee established by the
board pursuant to section 32-2711 and documentation of having completed
the number of continuing education units required for certification, prorated
for the length of the license. a person shall file an application
for renewal at least thirty days and not more than sixty days before the date
the person's current license expires.
END_STATUTE
START_STATUTE
32-2707.
Provisional license; period of validity; extension; supervision
requirements; definitions
A. The board may grant a person with
active candidate status a provisional license for that person to practice
genetic counseling if the person files an application and pays the provisional
license fee established by the board pursuant to section
32-2711. The provisional license is valid for one year after the
date of issuance and may be extended for one additional year if the applicant
fails to obtain certification.
B. A provisional license expires
automatically on the earliest of the following:
1. Issuance of a license pursuant to
section 32-2706.
2. Thirty days after the applicant
provisional licensee fails to take or pass the next available complete
certification examination.
3. The date printed on the
provisional license.
C. An application for extension of a
provisional license shall be signed by the provisional licensee's qualified
supervisor.
D. A provisional licensee shall work
under the supervision of a qualified supervisor at all times during which the
provisional licensee practices genetic counseling. The qualified
supervisor and the provisional licensee shall complete and maintain a
supervision agreement that is signed by the qualified supervisor and the
provisional licensee and that is kept on file with both parties.
E. For the purposes of this section:
1. "Qualified supervisor"
means a person who is a licensed genetic counselor or a licensed physician in
this state.
2. "Supervision":
(
a
) Means that
a qualified supervisor who has the overall responsibility assesses the work of
the provisional licensee, including through regular meetings and chart review.
(
b
) Does not
mean that the qualified supervisor is required to be present during the
provisional licensee's performance of the service.
END_STATUTE
START_STATUTE
32-2708.
Grounds for denial, suspension or revocation of a license;
disciplinary action; hearings; civil penalties; enforcement
A. The board may deny, suspend or
revoke the license of any genetic counselor or any applicant for licensure who:
1. Violates any provision of this
chapter or the rules adopted pursuant to this chapter.
2. Is convicted of a felony or a
misdemeanor involving moral turpitude.
3. Indulges in conduct or a practice
that is detrimental to the health or safety of a patient.
B. The board may not deny, suspend or
revoke the license of any genetic counselor for invoking the genetic
counselor's right pursuant to section 32-2714 or for any reason that is
inconsistent with that section.
C. The board may deny a license
without holding a hearing. An applicant may appeal this decision pursuant to
title 41, chapter 6, article 10.
D. The board shall conduct a hearing
to suspend or revoke any license in accordance with the procedures established
pursuant to title 41, chapter 6, article 10. If the board determines
at the conclusion of a hearing that grounds exist to suspend or revoke a
license, the board may do so permanently or for any period of time and under
any conditions that the board deems appropriate. �An applicant for licensure or
a licensee may appeal the final decision of the board.
E. In addition to any other
disciplinary action, the board may assess a civil penalty of not more than $100
for each violation of this chapter or a rule adopted pursuant to this chapter
as determined by a hearing held pursuant to this section. Each day
that a violation continues constitutes a separate offense. The
attorney general or the county attorney may bring an action in the name of this
state to enforce a civil penalty. �The action shall be filed in the superior
court or in justice court in the county where the violation occurred.
F. In addition to other available
remedies, the board may apply to the superior court for an injunction to
restrain a person from violating this chapter or a rule adopted pursuant to
this chapter. �The court shall grant a temporary restraining order, a
preliminary injunction or a permanent injunction without bond. The
person may be served in any county of this state. �The action shall be brought
on behalf of the board by the attorney general or the county attorney of the
county where the violation occurs.
G. A genetic counselor whose license
is suspended or revoked or whose surrender of a license with or without
prejudice has been accepted by the board shall promptly deliver the license to
the board.
H. A provisional licensee who loses
active candidate status shall surrender the provisional license to the board
immediately.
END_STATUTE
START_STATUTE
32-2709.
Investigations; complaints; issuance of subpoenas;
confidentiality
A. The director may investigate a
complaint or any information that indicates that a person is or may be
violating this article. In connection with an investigation, the
director may examine and copy documents and other physical evidence wherever
located that relate to the conduct or competency of a genetic counselor
pursuant to the requirements of this chapter and the rules adopted pursuant to
this chapter.
B. Pursuant to an investigation or an
administrative proceeding, the director may issue subpoenas to compel the
testimony of witnesses or to demand the production of relevant documents and
other physical evidence. �If a person refuses to comply with a subpoena, the
director may apply to the superior court for an order to compel compliance.
C. Patient records, including
clinical records, medical reports, laboratory statements and reports, files,
films, oral statements relating to patient and family histories, evaluations,
findings and counseling information that are kept by the director pursuant to
an investigation or an administrative proceeding are not public records and are
not subject to title 39, chapter 1, article 2. �The director shall keep
confidential the names of patients and their families whose records are
reviewed during the course of an investigation, administrative proceeding or
hearing.
END_STATUTE
START_STATUTE
32-2710.
Violations; classification
A person is guilty of a class 6 felony who:
1. Obtains a license as a genetic
counselor by fraud, intentional misrepresentation or deceit.
2. Practices genetic counseling
without a license issued pursuant to this chapter or after the person's license
has been denied, suspended or revoked.
END_STATUTE
START_STATUTE
32-2711.
Fees; rules
The board shall prescribe in rule and collect
fees for all of the following:
1. An initial genetic counselor
license application.
2. A one-year provisional
genetic counselor license and, if granted, a one-year provisional license
extension.
3. A two-year initial genetic
counselor license.
4. A two-year renewal of the
genetic counselor license.
5. An application for reinstatement
of an expired license.
END_STATUTE
START_STATUTE
32-2712.
Use of title; prohibitions
It is a violation of this chapter for a person
who is not licensed pursuant to this chapter to use the title "licensed
genetic counselor" or the abbreviation "L.G.C." or to use any
other words, letters, signs or figures to indicate that the person is a
licensed genetic counselor.
END_STATUTE
START_STATUTE
32-2713.
Genetic counselors board fund; deposit
A. The genetic counselors board fund
is established. the board shall deposit, Pursuant to sections 35-146
and 35-147, ten percent of all monies collected pursuant to this chapter
in the state general fund and deposit the remaining ninety percent in the
genetic counselors board fund.
B. All monies deposited in the
genetic counselors board fund are subject to section 35-143.01.
END_STATUTE
START_STATUTE
32-2714.
Right of conscience; immunity; definitions
A. A genetic counselor has the right
not to participate in or provide any genetic counseling that violates the
genetic counselor's conscience.
B. A person may not take adverse
action against a genetic counselor for declining to participate in a genetic
counseling service on the basis of conscience. �The licensing of a genetic
counselor may not be contingent on the genetic counselor's participation in
counseling or referral in counseling that violates the genetic counselor's
conscience.
C. If a genetic counselor declines to
participate in or provide requested genetic counseling pursuant to this
section, the genetic counselor shall both:
1. Inform the patient in a timely
manner that the genetic counselor is unable to provide the requested genetic
counseling.
2. Offer to direct the patient to the
online directory of licensed genetic counselors maintained by the board. �The
genetic counselor is not required to provide a referral to a specific provider
or entity.
D. A genetic counselor is immune from
civil, criminal and administrative liability for exercising the right of
conscience with respect to genetic counseling. �The immunity provided by this
subsection does not extend to intentional criminal misconduct or the knowing
falsification or alteration of medical records, test results or diagnostic
information.
E. For the purposes of this section:
1. "Conscience" means the
religious, moral or ethical beliefs or principles held by a genetic counselor.
2. "Participate" means to
take part in any way in providing genetic counseling or any part of such
service.
END_STATUTE
Sec.
2.
2. Section
32-3201, Arizona Revised Statutes, is amended to read:
START_STATUTE
32-3201.
Definitions
In this chapter, unless the context otherwise requires:
2.
1.
"Health
professional" means a person who is certified or licensed pursuant to
chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21, 25,
27,
28, 29, 33, 34, 35, 39, 41 or 42 of this title, title 36,
chapter 4, article 6, title 36, chapter 6, article 7 or title 36, chapter 17.
1.
2.
"Health
profession regulatory board" means any board that regulates one or more
health professionals in this state.
3. "Medical
record
records
" has the same meaning prescribed in section 12-2291
but does not include prescription orders.
END_STATUTE
Sec.
3.
3. Section
36-3601, Arizona Revised Statutes, is amended to read:
START_STATUTE
36-3601.
Definitions
For the purposes of
In
this
chapter
, unless the context otherwise requires
:
1. "Health care decision maker" has the
same meaning prescribed in section 12-2801.
2. "Health care provider":
(a) Means a person
who is
licensed pursuant to title 32, chapter 7, 8, 13, 14, 15, 15.1, 16, 17, 18, 19,
19.1, 25,
27,
28, 29, 33, 34, 35, 39, 41 or 42, or
chapter 4, article 6 of this title, chapter 6, article 7
of
this title or chapter 17 of this title.
(b) Includes:
(i) A health care institution
that is
licensed pursuant to chapter 4 of this title.
(ii) A person who holds a training permit pursuant
to title 32, chapter 13 or 17.
3. "Health care provider regulatory board or
agency" means a board or agency that regulates one or more health care
provider professions in this state.
4. "Telehealth" means:
(a) The interactive use of audio, video or other
electronic media, including asynchronous store-and-forward technologies and
remote patient monitoring technologies, for the practice of health care,
assessment, diagnosis, consultation or treatment and the transfer of medical
data.
(b) Includes the use of an audio-only telephone
encounter between the patient or client and health care provider if an
audio-visual telehealth encounter is not reasonably available due to the
patient's functional status, the patient's lack of technology or
telecommunications infrastructure limits, as determined by the health care
provider.
(c) Does not include the use of a fax machine,
instant messages,
voice mail
voicemail
or email.
END_STATUTE
Sec.
4.
4. Title
41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding
section 41-3034.01, to read:
START_STATUTE
41-3034.01.
Board of genetic counselors; termination July 1, 2034
A. The board of genetic counselors
terminates on July 1, 2034.
B. Title 32, chapter 27 and this
section are repealed on January 1, 2035.
END_STATUTE
Sec.
5.
5.
Purpose
Pursuant to section 41-2955,
subsection E, Arizona Revised Statutes, the legislature establishes the board
of genetic counselors to regulate the practice of genetic counseling for the
public health, safety and welfare.
Sec.
6.
6.
Initial terms; members of
board of genetic counselors
A. Notwithstanding
section 32-2702, Arizona Revised Statutes, as added by this act, the initial
terms of members of the board of genetic counselors are:
1. One term ending
September 1, 2028.
2. Two terms ending
September 1, 2029.
B. The governor shall make
all subsequent appointments as prescribed by statute.