February 24, 2009
SENATE BILL No. 86
DIGEST OF SB 86
(Updated February 23, 2009 4:43 pm - DI 104)
Citations Affected: IC 25-1; IC 25-17.3.
Synopsis: Licensure of genetic counselors. Beginning July 1, 2010,
requires the licensure of genetic counselors.
Effective: July 1, 2009.
January 7, 2009, read first time and referred to Committee on Health and Provider
February 19, 2009, amended, reported favorably _ Do Pass.
February 23, 2009, read second time, amended, ordered engrossed.
February 24, 2009
First Regular Session 116th General Assembly (2009)
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SENATE BILL No. 86
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 25-1-2-2.1; (09)SB0086.2.1. -->
SECTION 1. IC 25-1-2-2.1, AS AMENDED BY P.L.3-2008,
SECTION 175, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 2.1. Rather than being issued
annually, the following permits, licenses, certificates of registration, or
evidences of authority granted by a state agency must be issued for a
period of two (2) years or for the period specified in the article under
which the permit, license, certificate of registration, or evidence of
authority is issued if the period specified in the article is longer than
two (2) years:
(1) Certified public accountants, public accountants, and
(2) Architects and landscape architects.
(3) Dry cleaners.
(4) Professional engineers.
(5) Land surveyors.
(6) Real estate brokers.
(7) Real estate agents.
(8) Security dealers' licenses issued by the securities
(9) Dental hygienists.
(14) Physical therapists.
(16) Pharmacists and assistants, drugstores or pharmacies.
(17) Motels and mobile home community licenses.
(20) Occupational therapists and occupational therapy assistants.
(21) Respiratory care practitioners.
(22) Social workers, marriage and family therapists, and mental
(23) Real estate appraiser licenses and certificates issued by the
real estate appraiser licensure and certification board.
(24) Wholesale legend drug distributors.
(25) Physician assistants.
(28) Athlete agents.
(29) Manufactured home installers.
(30) Home inspectors.
(31) Massage therapists.
(32) Genetic counselors.
SOURCE: IC 25-17.3; (09)SB0086.2.2. -->
SECTION 2. IC 25-17.3 IS ADDED TO THE INDIANA CODE AS
ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
ARTICLE 17.3. GENETIC COUNSELORS
Chapter 1. Applicability
Sec. 1. This article is effective July 1, 2010.
Chapter 2. Definitions
Sec. 1. The definitions in this chapter apply throughout this
Sec. 2. "Board" refers to the medical licensing board of Indiana
created by IC 25-22.5-2-1.
Sec. 3. "Genetic counseling" means the communication by an
individual of any of the following:
(1) Estimating, through the following methods, the likelihood
of the occurrence or recurrence of a birth defect or a
potentially inherited or genetically influenced condition:
(A) Obtaining and analyzing the health history of an
individual and the individual's family.
(B) Reviewing medical records.
(C) Evaluating the risks of exposure to possible mutagens
(D) Recommending genetic testing or other evaluation to
detect fetal abnormalities or determine the carrier status
of a family member.
(2) Explaining to an individual or a family the following:
(A) The medical, psychological, and social implications of
a disorder and the usual course of evaluation, treatment,
(B) The genetic factors that contribute to the disorder and
how the genetic factors affect the chance for recurrence of
the condition in other family members.
(C) The available options for coping with, preventing, or
reducing the chance of occurrence or recurrence of the
(D) The genetic or other tests available for inherited
(E) How to interpret complex genetic test results.
Sec. 4. "Genetic counselor" means an individual who is licensed
under this article to provide genetic counseling.
Sec. 5. "Genetic supervision" refers to the assessment by:
(1) an individual who is licensed under this article; or
(2) a physician licensed under IC 25-22.5;
of an individual who is issued a temporary genetic counselor
license. The term includes regular meetings and chart review
under a genetic supervision contract entered into by both parties.
Chapter 3. Requirements for Licensure as a Genetic Counselor
Sec. 1. To qualify for licensure as a genetic counselor, an
(1) submit an application on a form developed by the board;
(2) pay the licensure fee determined by the board;
(3) provide written evidence that the applicant has earned:
(A) a master's degree from a genetic counseling training
program accredited by the American Board of Genetic
Counseling or its successor; or
(B) a doctoral degree from a medical genetics training
program that is accredited by the American Board of
Medical Genetics or its successor; and
(4) meet the examination requirement for certification as:
(A) a genetic counselor by the American Board of Genetic
Counseling or the American Board of Medical Genetics or
the successor of these entities; or
(B) a medical geneticist by the American Board of Medical
Genetics or its successor.
Sec. 2. (a) The board may issue a temporary license to an
(1) meets all the requirements under section 1 of this chapter
except the requirement for examination for certification
under section 1(4) of this chapter; and
(2) has an active candidate status for the certification.
(b) An individual who practices under a temporary license
issued under this section must:
(1) be directly supervised by a licensed genetic counselor or a
physician licensed under IC 25-22.5 under a genetic
supervision contract; and
(2) apply for and take the next available examination for
(c) An individual who holds a temporary license issued under
this section and fails the examination for certification described in
section 1(4) of this chapter for the first time may reapply for a
second temporary license. The board may not issue a temporary
license to an individual who has failed the examination for
certification more than one (1) time.
(d) A temporary license issued under this section expires upon
the earliest of the following:
(1) The date the individual meets the requirements of this
chapter and is issued a license.
(2) Thirty (30) days after the individual fails the examination
for certification described in section 1(4) of this chapter.
(3) The date printed on the temporary license.
(e) An individual who is issued a temporary license under this
section shall inform the board of the results of the individual's
examination for certification described in section 1(4) of this
Sec. 3. The board may issue a license to an individual who:
(1) is licensed, certified, or registered in another state or
territory of the United States that has requirements
determined by the board to be substantially equivalent to the
requirements specified in this article;
(2) is in good standing in the other state or territory;
(3) applies in the manner required by the board; and
(4) pays an application fee specified by the board.
Sec. 4. The following individuals are not required to be licensed
under this article:
(1) An individual who is licensed as a physician under
IC 25-22.5 or a nurse under IC 25-23. However, the individual
may not use the title "genetic counselor" or any other title
that indicates that the individual is a genetic counselor unless
the individual is licensed under this article.
(2) A student or an intern from an accredited school who is
participating in a supervised training program.
(3) An individual from another state who is certified by the
American Board of Medical Genetics or the American Board
of Genetic Counseling and acting in Indiana on a consultant
Sec. 5. (a) To renew a license under this article, an applicant
must complete continuing education. The continuing education
must meet the requirements of IC 25-1-4 and consist of:
(1) the completion in each two (2) year license cycle of fifty
(50) contact hours that have been approved by the National
Society of Genetic Counselors; or
(2) the successful completion in each two (2) year license cycle
of a reading assignment and proctored examination in
medical genetics by the American Board of Medical Genetics.
(b) An applicant seeking renewal of a license shall certify that
(1) has complied with the continuing education requirements;
(2) has not complied with the continuing education
requirements but is seeking a waiver under section 6 of this
chapter from the board.
Sec. 6. The board may grant an applicant seeking renewal of a
license a waiver from all or part of the continuing education
requirement for the renewal period if the applicant was not able to
fulfill the requirement due to a hardship that resulted from any of
the following conditions:
(1) Service in the armed forces of the United States during a
substantial part of the renewal period.
(2) An incapacitating illness or injury.
(3) Other circumstances determined by the board.
Chapter 4. Unlawful Practices
Sec. 1. An individual who does not have a valid license or
temporary license as a genetic counselor under this article may not
use the title "genetic counselor", "licensed genetic counselor", or
any word, letter, abbreviation, or insignia that indicates or implies
that the individual has been issued a license or met the
qualifications for licensure under this article.
Sec. 2. (a) If the board believes that a person has engaged in or
is about to engage in an act or practice that constitutes or will
constitute a violation of section 1 of this chapter, the board may
apply to a circuit or superior court for an order enjoining the act
(b) If the board determines that a person has engaged in or is
about to engage in an act or practice that constitutes or will
constitute a violation of section 1 of this chapter, an injunction, a
restraining order, or another appropriate order may be granted by
Sec. 3. If the board believes that a person has knowingly or
intentionally engaged in an act or practice that violates section 1 of
this chapter, the board may bring the information to the attention
of the attorney general, and the attorney general may cause
criminal proceedings to be brought against the person.
Sec. 4. A person who knowingly or intentionally violates section
1 of this chapter commits a Class A misdemeanor.