NC Genetic Counselors Workforce Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 697

Short Title: NC Genetic Counselors Workforce Act. (Public)
Sponsors: Representatives Potts, Reeder, Campbell, and Cervania (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Health, if favorable, Regulatory Reform, if favorable, Finance, if favorable, Rules,
Calendar, and Operations of the House
April 3, 2025
*H697-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ESTABLISH THE GENETIC COUNSELORS LICENSURE BOARD A ND TO 2
REGULATE THE PRACTICE OF GENETIC COUNSELING. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. Chapter 90 of the General Statutes is amended by adding a new Article 5
to read: 6
"Article 44. 7
"Genetic Counselor Licensure. 8
"§ 90-750. Definitions. 9
The following definitions apply in this Article: 10
(1) ABGC. – The American Board of Genetic Counseling, its successor or 11
equivalent. 12
(2) ACGC. – Accreditation Council for Genetic Counseling. 13
(3) ACS. – Active Candidate Status conferred by the American Board of Genetic 14
Counseling. 15
(4) Active Candidate Status. – A person who has met the requirements established 16
by the ABGC to take the ABGC certification examinations in general genetics 17
and genetic counseling and has been granted this designation by ABGC. 18
(5) Board. – The Genetic Counselors Licensing Board. 19
(6) CEU. – The Continuing Education Unit as defined by the NSGC. 20
(7) Department. – The Department of Health and Human Services. 21
(8) Examination. – The ABGC certification exam. 22
(9) Genetic counseling. – The provision of services by an individual who qualifies 23
for a license under this Article and provides services to individuals located in 24
the State. 25
(10) Genetic counseling intern. – A student enrolled in a genetic counseling 26
program accredited by ACGC. 27
(11) Genetic counselor . – An individual who is licensed under this Article to 28
engage in the competent practice of genetic counseling. 29
(12) Genetic testing. – An analysis of human DNA, RNA, chromosomes, proteins, 30
or metabolites, if the analysis detects genotypes, mutations, or chromosomal 31
changes, so long as the selection of tests and laboratories by the genetic 32
counselor conforms to the acceptable and prevailing standards of care and 33
ethics of the practice of genetic counseling as determined by the Board. 34
General Assembly Of North Carolina Session 2025
Page 2 House Bill 697-First Edition
(13) NSGC. – The National Society of Genetic Counselors, its successor or 1
equivalent. 2
(14) Qualified supervisor. – Any person who is a licensed genetic counselor or a 3
physician licensed to practice medicine under Article 1 of this Chapter. 4
(15) Reciprocity. – The issuance of a license by the Board to an individual who has 5
been granted a license under the laws of another state, territory, or jurisdiction 6
of the United States that currently imposes substantially similar licensure 7
requirements as those imposed by this Article. 8
(16) Referral. – A written or telecommunicated authorization for genetic 9
counseling services from a physician licensed to practice medicine in all its 10
branches, an advanced practice nurse who has a collaborative agreement with 11
a physician that authorizes referrals to a gene tic counselor, or a physician 12
assistant who has been delegated authority to make referrals to genetic 13
counselors. 14
(17) Supervisee. – A genetic counselor with a temporary license. 15
(18) Supervision. – A qualified supervisor who has the overall responsibility to 16
assess the work of the supervisee, including regular meetings and chart 17
review; provided that an annual supervision contract signed by the qualified 18
supervisor and supervisee be on file with bot h parties. The qualified 19
supervisor's presence is not required during the performance of the service. 20
(19) Temporary license. – A license to practice genetic counseling in accordance 21
with this Article. 22
"§ 90-751. Genetic Counselors Licensure Board. 23
(a) Establishment. – The Genetic Counselors Licensure Board is established. The Board 24
shall consist of five members who shall serve staggered terms. The initial Board shall be selected 25
as follows: 26
(1) One member, who is a licensed genetic counselor, shall be a ppointed by the 27
General Assembly, upon the recommendation of the Speaker of the House of 28
Representatives, to serve a three-year term. 29
(2) One member, who is a licensed genetic counselor, shall be appointed by the 30
General Assembly, upon the recommendation o f the President Pro Tempore 31
of the Senate, to serve a three-year term. 32
(3) The Governor shall appoint the following three members: 33
a. One licensed genetic counselor to serve a three-year term. 34
b. One licensed physician to serve a three-year term. 35
c. One public member to serve a three-year term. 36
(b) Appointment. – Upon the expiration of the terms of the initial Board members, each 37
member shall be appointed by the appointing authorities designated in subdivisions (a)(1) 38
through (3) of this section for a three-year term and shall serve until a successor is appointed and 39
qualified. All members appointed to the Board, except for the public member appointed by the 40
Governor under sub division (a)(3) of this sec tion, shall be required to be licensed under this 41
Article and shall seek licensure in this State as soon as the first application period begins. No 42
member may serve more than two consecutive terms. Each member shall be a resident of this 43
State. A former member shall be eligible for appointment after a period of one year of not being 44
a member of the Board. 45
(c) Vacancies; Qualifications . – If a member of the Board cannot complete a term of 46
office, the vacancy shall be filled in the same manner as the original appointment for the 47
remainder of the unexpired te rm. No Board member shall participate in any matter before the 48
Board in which the member has a pecuniary interest or similar conflict of interest. 49
(d) Removal. – A member may be removed by the Governor for any of the following: 50
(1) Ceases to meet the qualifications specified in this section. 51
General Assembly Of North Carolina Session 2025
House Bill 697-First Edition Page 3
(2) Fails to attend three successive Board meetings without just cause as 1
determined by the remainder of the Board. 2
(3) Is found by the remainder of the Board to be in violation of the provisions of 3
this Article or to have engaged in immoral, dishonorable, unprofessional, or 4
unethical conduct, and the conduct is deemed to compromise the integrity of 5
the Board. 6
(4) Is found guilty of a felony or an unlawful act involving moral turpitude by a 7
court of competent jurisd iction or is found to have entered a plea of nolo 8
contendere to a felony or an unlawful act involving moral turpitude. 9
(5) Is found guilty of malfeasance, misfeasance, or nonfeasance regarding Board 10
duties by a court of competent jurisdiction. 11
(6) Is incapacitated and without reasonable likelihood of resuming Board duties, 12
as determined by the Board. 13
(e) Meetings. – The Board shall elect annually a chair, vice-chair, and secretary to carry 14
out the purposes of this Article. The Board shall meet at least two times annually. The Board may 15
hold additional meetings upon the call of the chair or any two board members. A majority of the 16
Board shall constitute a quorum. 17
(f) Compensation of Members; Expenses; Employees. – Members of the Board shall 18
receive no compensation for their services but shall receive per diem and necessary travel and 19
subsistence expenses as provided in G.S. 138-5 and G.S. 138-6. The Board may employ 20
necessary personnel for the performance of its functions and fix the compensation. The Board 21
shall not employ any of its members to perform inspectional or similar ministerial tasks for the 22
Board. In no event shall the State of North Carolina be liable for expenses incurred by the Board 23
in excess of the income derived from this Article. 24
"§ 90-752. Powers and duties of Board. 25
(a) Powers. – The Board shall have the following powers and duties: 26
(1) Administer, coordinate, and enforce the provisions of this Article. 27
(2) Adopt, amend, or repeal rules to administer and enforce this Article. 28
(3) Establish and determine qualification and fitness of applicants for licensure 29
under this Article. 30
(4) Issue, renew, deny, suspend, revoke, or refuse to issue or renew any license 31
under this Article. 32
(5) Establish fees for applications, initial and renewal licenses, and other services 33
provided by the Board. 34
(6) Discipline individuals licensed under this Article. 35
(7) Adopt rules that establish standard of ethical practice. 36
(b) Investigation. – The Board may empower any member to conduct any proceeding or 37
investigation necessary to its purposes and may empower its agent or counsel to conduct any 38
investigation necessary to its purposes, but any final action requires a quorum of the Board. 39
(c) Seal. – The Board shall adopt an official seal, which shall be affixed to all li censes 40
issued by it. 41
"§ 90-753. Publishing certain data. 42
(a) The Board shall make all names of licensed genetic counselors, along with any 43
disciplinary information, available to the public and published on its website. 44
(b) On June 30 of each year, the Board shall submit a report to the Governor of the Board's 45
activities since the preceding July 1, including (i) the names of all licensed genetic counselors to 46
whom licenses have been granted under this Article, (ii) any cases heard and decisions rendered 47
in matters before the Board, (iii) the recommendations of the Board as to future actions and 48
policies, and (iv) a financial report. Each member of the Board shall review and sign the report 49
before its submission to the Governor. Any Board member shall have the right to record a 50
dissenting view. 51
General Assembly Of North Carolina Session 2025
Page 4 House Bill 697-First Edition
"§ 90-754. Qualification for licensure; application. 1
(a) Application; Qualification. – Each individual desiring to obtain a license under this 2
Article shall apply to the Board in accordance with the procedure and rules prescribed by the 3
Board. Each applicant shall furnish evidence satisfactory to the Board that the applicant meets 4
all of the following criteria: 5
(1) Submit an application prescribed by the Board. 6
(2) Pay a fee determined by the Board in accordance with G.S. 90-756. 7
(3) Provide satisfactory evidence of having certification as a genetic counselor by 8
the ABGC. 9
(4) Is at least 18 years of age. 10
(5) Is of good moral character and conducts all professional activities in 11
accordance with accepted professional and ethical standards. 12
(6) Has not engaged in any practice at any time that would be a ground for denial, 13
revocation, or suspension of a license under G.S. 90-761. 14
(7) Has submitted the required criminal history record, as required by law. 15
(8) Is qualified for licensure under the requirements of this Article. 16
(b) Temporary Licensure. – A temporary license may be issued to an applicant who meets 17
all of the requirements for licensure except for subdivision (a)(3) of this section and has been 18
granted ACS by the ABGC . A temporary license shall be valid for one year from the date of 19
issuance and may be renewed for an additional year if an applicant fails the first sitting of the 20
ABGC certification exam. A temporary license shall expire automatically upon the earliest of the 21
following: 22
(1) Issuance of a full license. 23
(2) Thirty days after the applicant fails to pass the complete certification 24
examination without renewing it in accordance with this subsection. 25
(3) The date printed on the temporary license. 26
An application for extension of the temporary license shall be signed by a qualified 27
supervisor. A temporary licensed genetic counselor shall work under the general supervision of 28
a qualified supervisor at all times during which the temporary licensed genetic counselor 29
performs genetic counseling. 30
(c) Reciprocity. – An applicant who satisfies the Board that the applicant is licensed or 31
registered under the laws of another state, territory, or jurisdiction of the United States, which in 32
the opinion of the Board imposes substantially the same licensing requirements as t his Article, 33
may be licensed by the Board pursuant to this Article. 34
(d) Alternative Application for Licensure. – An individual may apply to the Board for 35
licensure who does not qualify for licensure under this Article but who has worked as a genetic 36
counselor for a minimum of 10 years preceding the enactment of th is Article and who provides 37
documentation of all of the following: 38
(1) Has a master's or higher degree in genetics or a related field of study. 39
(2) Has never passed the ABGC certification examination. 40
(3) Submits three letters of recommendation from at least one genetic counselor 41
who qualifies for licensure under this Article and a licensed physician . All 42
individuals submitting letters of recommendation must have worked with the 43
applicant in an employment setting during the last 10 years and can attest to 44
the applicant's competency in providing genetic counseling services. 45
(4) Can provide documentation of attending NSGC -approved CEU programs 46
within the last five years. 47
(e) Issuance; Renewal. – Except in the case of a temporary license, all licenses shall be 48
issued for a two-year period upon the payment of the licensing fee prescribed by the Board and 49
shall be renewed upon the filing of a renewal application and the payment o f the licensing 50
renewal fee. 51
General Assembly Of North Carolina Session 2025
House Bill 697-First Edition Page 5
(f) Suspension; Revocation. – A genetic counselor whose license is suspended or 1
revoked or whose surrender of license with or without prejudice has been accepted by the Board 2
or the committee shall promptly deliver the original license to the Board. 3
"§ 90-755. Scope of practice. 4
(a) The practice of genetic counseling shall constitute all of the following: 5
(1) Obtain and evaluate individual, family, and medical histories to determine 6
genetic risk for genetic or medical conditions and diseases in a patient, the 7
patient's children, and other family members. 8
(2) Discuss the features, natural history, means of diagnosis, genetic and 9
environmental factors, and management of risk for genetic or medical 10
conditions. 11
(3) Identify, order, and coordinate genetic laboratory tests as appropriate for the 12
genetic assessment. 13
(4) Integrate genetic laboratory test results with personal and family medical 14
history to assess and communicate risk factors for genetic or medical 15
conditions and diseases. 16
(5) Explain the clinical implications of genetic laboratory tests and their results. 17
(6) Evaluate the client's or family's responses to the condition or risk of recurrence 18
and provide client-centered counseling and anticipatory guidance. 19
(7) Identify and utilize community resources that provide medical, educational, 20
financial, and psychosocial support and advocacy. 21
(8) Provide written documentation of medical, genetic, and counseling 22
information for families and health care professionals . This may include 23
genetic testing results and findings along with published guidelines that comply 24
with the acceptable and prevailing standards of practice and ethics of both 25
genetic counseling and medicine. 26
(b) Except as otherwise provided in this section, the practice of genetic counseling shall 27
not include diagnosis, treatment, or recommendations for treatment. All genetic counselors shall 28
consult with the referring provider or refer all clients back to the referring health care provider 29
for diagnosis, treatment, recommendations for treatment, final interpretations, and any necessary 30
follow up. Genetic counselors shall provide all records, including genetic laboratory test results, 31
to the referring health care provider. 32
"§ 90-756. Fees. 33
The Board may collect fees established by its rules, but those fees shall not exceed the 34
amounts listed below: 35
(1) Application fee for licensure ............................................................... $250.00. 36
(2) License renewal ................................................................................... $200.00. 37
(3) Late renewal fee .................................................................................... $50.00. 38
(4) Reciprocal license application............................................................. $250.00. 39
(5) Temporary license application ............................................................ $100.00. 40
"§ 90-757. Criminal history record checks of applicants for licensure. 41
(a) All applicants for licensure shall consent to a criminal history record check. Refusal 42
to consent to a criminal history record check may constitute grounds for the Board to deny 43
licensure to an applicant. The Board shall be responsible for providing to the North Carolina 44
Department of Public Safety the applicant 's fingerprints to be checked, a form signed by the 45
applicant consenting to the criminal history record check and the use of fingerprints and other 46
identifying information required by the State or Na tional Repositories, and any additional 47
information required by the Department of Public Safety. The Board shall keep all information 48
obtained in accordance with this section confidential. 49
(b) The cost of the criminal history record check and the fingerpri nting shall be paid by 50
the applicant. The Board shall collect any fees required by the Department of Public Safety and 51
General Assembly Of North Carolina Session 2025
Page 6 House Bill 697-First Edition
shall remit the fees to the Department of Public Safety for expenses associated with conducting 1
the criminal history record check. 2
(c) If an applicant's criminal history record reveals one or more criminal convictions, the 3
conviction shall not automatically bar licensure. The Board shall consider all of the following 4
factors regarding the conviction: 5
(1) The level of seriousness of the crime. 6
(2) The date of the crime. 7
(3) The age of the individual at the time of conviction. 8
(4) The circumstances surrounding the commission of the crime, if known. 9
(5) The nexus between the criminal conduct of the individual and the job duties 10
of the position to be filled. 11
(6) The applicant's prison, jail, probation, parole, rehabilitation, and employment 12
records since the date the crime was committed. 13
(d) If, after reviewing the factors, the Board determines that any of the grounds to deny 14
licensure exist, the Board may deny licensure of the applicant. The Board may disclose to the 15
applicant information contained in the criminal history record that is relevant to the denial if 16
disclosure of the information is permitted by applicable State and federal law. T he Board shall 17
not provide a copy of the criminal history to the applicant. The applicant shall have the right to 18
appear before the Board to appeal the Board's decision. An appearance before the full Board shall 19
constitute an exhaustion of administrative r emedies in accordance with Chapter 150B of the 20
General Statutes. 21
(e) The Board, its officers, and employees, acting in good faith and in compliance with 22
this section, shall be immune from civil liability for denying licensure to an applicant based on 23
information provided in the applicant's criminal history record. 24
"§ 90-758. Restrictions. 25
(a) No individual shall hold themselves out as a genetic counselor unless the individual 26
is licensed in accordance with this Article. No person who is not so licensed may use in 27
connection with the person 's name or place of business the title "genetic counselor," "licensed 28
genetic counselor," "gene counselor," "genetic consultant," "genetic associate," or any words, 29
letters, abbreviations , or insignia indicating or implying a person holds a genetic counseling 30
license. 31
(b) All genetic counselors are subject to the identification requirements imposed by 32
Article 37 of Chapter 90 of the General Statutes. 33
(c) Any person so practicing without being duly licensed and registered in the State shall 34
be guilty of a Class 1 misdemeanor. Any person so practicing without being duly licensed and 35
registered in the State and who is falsely representing himself or herself in a manner as being 36
licensed or registered under this Article of this Chapter shall be guilty of a Class I felony. Any 37
person so practicing without being duly licensed and registered in the State , and who is an 38
out-of-state practitioner, shall be guilty of a Class I felony. 39
"§ 90-759. Exemptions. 40
An individual is exempt from the requirements of this Article if any of the following 41
conditions are met: 42
(1) Any individual licensed by the State to practice in a profession other than 43
genetic counseling when acting within the scope of the individual's profession 44
and doing work of a nature consistent with the individual's training. The 45
individual cannot hold themselves out to the public as a genetic counselor. 46
(2) Any individual employed as a genetic counselor by the State, as well as the 47
federal government or an agency thereof , if the individual provides genetic 48
counseling services solely under the direction and control of the organization 49
by which the individual is employed. 50
General Assembly Of North Carolina Session 2025
House Bill 697-First Edition Page 7
(3) A student or intern enrolled in an ABGC -accredited genetic counseling 1
educational program if genetic counseling services performed by the student 2
are an integral part of the student 's course of study and are performed under 3
the direct supervision of a licensed genetic counselor assigned to supervise the 4
student and who is on duty and available in the assigned patient care area and 5
if the person is designated by a title "genetic counseling intern." 6
"§ 90-760. Continuing education requirements. 7
Each applicant shall present satisfactory evidence when seeking license renewal that in the 8
period since the license was issued or last renewed the applicant has completed 30 hours of NSGC 9
continuing education units or other means as approved by NSGC for r ecertification by ABGC, 10
prorated for the length of the license. The Board shall make exceptions for licensees from the 11
continuing education requirements, including waiver of all or a portion of these requirements or 12
the granting of an extension of time in which to complete these requirements, upon a finding of 13
good cause following receipt of a written request for exception based upon emergency or 14
hardship. 15
"§ 90-761. Unprofessional conduct; violations. 16
(a) The Board may deny, suspend, or revoke licensure and may discipline, place on 17
probation, limit practice, and require examination, remediation, and rehabilitation of any 18
applicant or licensee, as provided for in subsection (b) of this section, for any violation listed in 19
this subsection. 20
(1) Conviction in any court of a crime involving moral turpitude, 21
misrepresentation, fraud, fitness or ability to practice, the violation of a law 22
involving the practice of genetic counseling, or a conviction of a felony. 23
(2) Using fraud or deceit in securing or attempting to secure or renew a license 24
under this Article or willfully concealing from the Board material information 25
in connection with application for a license or for renewal of a license under 26
this Article. 27
(3) Using fraud, deceit, or misrepresentation upon the public, the Board, or any 28
individual in connection with the practice of genetic counseling, the filing of 29
Medicare, Medicaid, or other claims to any third-party payor, or in any manner 30
otherwise relevant to fitness for the practice of genetic counseling. 31
(4) Making fraudulent, misleading, or intentionally or materially false statements 32
pertaining to education, licensure, license renewal, supervision, continuing 33
education, any disciplinary actions or sanctions pending or occurring in any 34
other jurisdiction, professional credentials, or qualifications or fitness for the 35
practice of genetic counseling to the public, any individual, the Board, or any 36
other organization. 37
(5) Having a license revoked, suspended, restricted, or acted against or having a 38
license to practice genetic counseling denied in any other jurisdiction or by a 39
certifying entity. 40
(6) Violation of any provision of this Article or of the rules adopted by the Board. 41
(7) Aiding or abetting the unlawful practice of genetic counseling by any 42
individual not licensed by the Board. 43
(8) Engaging in immoral, dishonorable, unprofessional, or unethical conduct as 44
defined in this subsection or the current ethics code of the certifying entity. 45
(9) Practicing genetic counseling in a manner that endangers the welfare of clients 46
or patients. 47
(10) Demonstrating an inability to practice genetic counseling with reasonable skill 48
and safety by reason of illness ; inebriation; misuse of drugs, narcotics, 49
alcohol, chemicals, or any other substance affectin g mental or physical 50
functioning; or as a result of any mental or physical condition. 51
General Assembly Of North Carolina Session 2025
Page 8 House Bill 697-First Edition
(11) Practicing genetic counseling outside the boundaries of demonstrated 1
competence or the limitations of education, training, or supervised experience. 2
(12) Departing from or failing to conform to the acceptable and prevailing 3
standards of care and ethics of the practice of genetic counseling in the State 4
as determined by the Board, irrespective of whether or not a patient is injured. 5
(13) Failing to take all reasonable steps to ensure the competence of services. 6
(14) Failing to maintain a clear and accurate case record documenting the 7
following for each patient or client: 8
a. Presenting problems, diagnosis, or purpose of the evaluation, 9
treatment, or other services provided. 10
b. Fees, dates of services, and itemized charges. 11
c. Summary content of each session of evaluation, treatment, or other 12
services, except summary content that may cause significant harm to 13
any individual if the information were released. 14
d. Copies of all reports prepared. 15
(15) Failing to retain securely and confidentially the complete case record 16
indefinitely if there are pending legal or ethical matters or if there is any other 17
compelling circumstance, or failing to retain securely and confid entially the 18
complete case record for at least seven years from the date of the last provision 19
of services, except when under either circumstance, the genetic counselor was 20
prevented from doing so by circumstances beyond the genetic counselor 's 21
control. 22
(b) Upon proof that an applicant or licensee under this Article has engaged in any of the 23
prohibited actions specified in subsection (a) of this section, the Board may, in lieu of denial, 24
suspension, or revocation, do all of the following: 25
(1) Issue a formal reprimand or formally censure the applicant or licensee. 26
(2) Place the applicant or licensee on probation with appropriate conditions as the 27
Board may deem advisable. 28
(3) Require examination, remediation, or rehabilitation for the applicant or 29
licensee, including care, counseling, or treatment by a professional or 30
professionals designated or approved by the Board, the expense of which shall 31
be paid by the applicant or licensee. 32
(4) Require supervision for the services provided by the applicant or license e by 33
a licensee designated or approved by the Board, the expense of which shall be 34
paid by the applicant or licensee. 35
(5) Limit or circumscribe the practice of genetic counseling provided by the 36
applicant or licensee with respect to the extent, nature, or location of the 37
services provided, as the Board deems advisable. 38
(6) Impose conditions of probation or restrictions upon continued practice at the 39
conclusion of a period of suspension or as requirements for the restoration of 40
a revoked or suspended license. 41
(c) In lieu of or in connection with any disciplinary proceedings or investigation, the 42
Board may enter into a consent order relative to the discipline, supervision, probation, 43
remediation, rehabilitation, or practice limitation of a licensee or applicant for a license. 44
(d) The Board may assess costs of disciplinary action against an applicant or licensee 45
found to be in violation of this Article. 46
(e) When considering whether an applicant or licensee is physically or mentally capable 47
of practicing genetic counseling with reasonable skill and safety with patients or clients, the 48
Board may petition a court of competent jurisdiction to order the applicant or licensee to submit 49
to a psychological evaluation by a psychologist to determine psychological status or a physical 50
evaluation by a physician to determine physical condition, or both, upon a showing of probable 51
General Assembly Of North Carolina Session 2025
House Bill 697-First Edition Page 9
cause to the Board that the applicant or licensee is not capable of practicing genetic counseling 1
with reasonable skill and safety with patients or c lients. The psychologist or physician that 2
conducts an evaluation of the applicant or licensee shall be designated by the court of competent 3
jurisdiction. The Board shall be responsible for the expenses of evaluations ordered under this 4
subsection. If the applicant or licensee raises the issue of mental or physical competence or 5
appeals a decision regarding mental or physical competence, the applicant or licensee shall be 6
permitted to obtain an evaluation at the applicant 's or licensee's expense. If the Boa rd suspects 7
the objectivity or adequacy of the evaluation, the Board may compel an evaluation by its 8
designated practitioners at its own expense. 9
(f) Except as provided otherwise in this Article, the procedure for revocation, suspension, 10
denial, limitations of the license, or other disciplinary, remedial, or rehabilitative actions shall be 11
in accordance with the provisions of Chapter 150B of the General Statutes. The Board is required 12
to provide the opportunity for a hearing under Chapter 150B of the General Statutes to any 13
applicant whose license is denied or to whom licensure is offered subject to any restrictions, 14
probation, disciplinary action, remediation, or other conditions or limitations or to any licensee 15
before revoking, suspending, or restricting a license or imposing any other disciplinary action or 16
remediation. If the applicant or licensee waives the opportunity for a hearing, the Board's denial, 17
revocation, suspension, or other proposed action becomes final without a hearing having bee n 18
conducted. Notwithstanding the foregoing, no applicant or licensee is entitled to a hearing for 19
failure to pass an examination. 20
(g) An individual whose license has been denied or revoked may reapply to the Board for 21
licensure after the passage of one calendar year from the date of the denial or revocation. 22
(h) A licensee may voluntarily relinquish a license at any time with the consent of the 23
Board. The Board may delay or refuse granting consent as necessary in order to investigate any 24
pending complaint, allegation, or issue regarding violation of any provision of this Article by the 25
licensee. Notwithstanding any provision to the contrary, the Board retains full jurisdiction to 26
investigate alleged violations of this Article by any individual whose license is relinquished under 27
this subsection and, upon proof of any violation of this Article by any individual, the Board may 28
take disciplinary action as authorized by this section. 29
(i) All records, papers, investigative files, investigative reports, other inves tigative 30
information, and other documents containing information in the possession of or received or 31
gathered by the Board, or its members or employees or consultants as a result of investigations, 32
inquiries, assessments, or interviews conducted in connect ion with a licensing, complaint, 33
assessment, potential impairment matter, disciplinary matter, or report of professional liability 34
insurance awards or settlements pursuant to G.S. 90-14.13, shall not be considered public records 35
within the meaning of Chapter 132 of the General Statutes and are privileged, confidential, and 36
not subject to discovery, subpoena, or other means of legal compulsion for release to any person 37
other than the Board, its employees , or consultants involved in the application for licens e, 38
impairment assessment, or discipline of a license holder. For purposes of this subsection, 39
investigative information includes information relating to the identity of, and a report made by, 40
any person performing an expert review for the Board and transcripts of any deposition taken by 41
Board counsel in preparation for or anticipation of a hearing held pursuant to this Article but not 42
admitted into evidence at the hearing. 43
"§ 90-762. Injunctions. 44
The Genetic Counselors Licensure Board may appear in its own name in the superior courts 45
in an action for injunctive relief to prevent violation of this Article and the superior court shall 46
have power to grant such injunctions regardless of whether criminal prosecution has been or may 47
be instituted as a result of such violations. Actions under this section shall be commenced in the 48
superior court district or set of districts as defined in G.S. 7A-41.1 in which the respondent 49
resides or has his principal place of business or in which the alleged acts occurred or, in the case 50
General Assembly Of North Carolina Session 2025
Page 10 House Bill 697-First Edition
of an action against a nonresident, in the district where the Genetic Counselors Licensure Board 1
resides. 2
"§ 90-763. Administering oaths; subpoena witness records and other materials. 3
Officers may administer oaths and subpoena witnesses, records , and other materials. The 4
president and secretary of the Board may administer oaths to all persons appearing before it as 5
the Board may deem necessary to perform its duties, and may summon and iss ue subpoenas for 6
the appearance of any witnesses deemed necessary to testify concerning any matter to be heard 7
before or inquired into by the Board. The Board may order that any patient records, documents , 8
or other material concerning any matter to be heard before or inquired into by the Board shall be 9
produced before the Board or made available for inspection, notwithstanding any other 10
provisions of law providing for the application of any physician-patient privilege with respect to 11
such records, documents, or other material. All records, documents, or other material compiled 12
by the Board are subject to the provisions of G.S. 90-761(i). Notwithstanding the provisions of 13
G.S. 90-761(i), in any proceeding bef ore the Board, in any record of any hearing before the 14
Board, and in the notice of charges against any licensee, the Board shall withhold from public 15
disclosure the identity of a patient including information relating to dates and places of treatment, 16
or a ny other information that would tend to identify the patient, unless the patient or the 17
representative of the patient expressly consents to the disclosure. Upon written request, the Board 18
shall revoke a subpoena if, upon a hearing, it finds that the eviden ce the production of which is 19
required does not relate to a matter in issue, or if the subpoena does not describe with sufficient 20
particularity the evidence the production of which is required, or if for any other reason in law 21
the subpoena is invalid. 22
"§ 90-764. Inactive licenses. 23
The Board retains jurisdiction over an inactive license, regardless of how it became inactive, 24
including a request for inactivation, surrender of a license, or by operation of an order entered by 25
the Board. The Board's jurisdiction over the licensee extends for all matters, known and unknown 26
to the Board, at the time of the inactivation or surrender of the license." 27
SECTION 2. The Genetic Counselors Licensure Board, as established in Section 1 28
of this act, shall adopt temporary rules to implement this act. The temporary rules shall remain 29
in effect until permanent rules that replace the temporary rules become effective. 30
SECTION 3. The initial appointments required by G.S. 90-751, as enacted by 31
Section 1 of this act, shall be mad e on or before October 1, 2025, and the initial terms of the 32
appointees shall begin on January 1, 2026. Notwithstanding the requirements of G.S. 90-751, the 33
initial appointments required by this Article shall not require those appointed to be licensed but 34
shall seek licensure through the application process as soon as practicable. 35
SECTION 4. Part 2 of Article 13A of Chapter 143B of the General Statutes is 36
amended by adding a new section to read: 37
"§ 143B-1209.23A. Criminal record check for the Genetic Counselors Licensing Board. 38
(a) The State Bureau of Investigation may provide to the Genetic Counselors Licensing 39
Board a criminal history from the State and National Repositories of Criminal Histories for any 40
applicant seeking a license. The Genetic Counselors Licensing Board shall provide to the State 41
Bureau of Investigation, along with the request, the fingerprints of the applicant, a form signed 42
by the applicant consenting to the criminal record check and use of fingerprints and other 43
identifying i nformation required by the State and National Repositories , and any additional 44
information required by the State Bureau of Investigation. The State Bureau of Investigation shall 45
forward a set of fingerprints to the Federal Bureau of Investigation for a national criminal history 46
record check. 47
(b) The criminal history report shall be provided to the Genetic Counselors Licensing 48
Board who shall keep all information obtained pursuant to this section confidential to the Genetic 49
Counselors Licensing Board. A criminal history report obtained as provided in this section is not 50
a public record under Chapter 132 of the General Statutes." 51
General Assembly Of North Carolina Session 2025
House Bill 697-First Edition Page 11
SECTION 5. Sections 1 and 4 of this act become effective October 1, 2026. The 1
remainder of this act is effective when it becomes law. 2