SB 668 — NC Genetic Counselors Workforce Act.

FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA MarSESSION 25, 2025 S.B.S 1 SENATE BILL 668 Short Title:

668 SESSION 2025 PRINCIPAL CLERK S D SENATE BILL DRS45330-NBf-99A Short Title:

Rules and Operations of the Senate March 26, 2025 A BILL TO BE ENTITLED AN ACT TO ESTABLISH THE GENETIC COUNSELORS LICENSURE BOARD AND TO REGULATE THE PRACTICE OF GENETIC COUNSELING.

Chapter 90 of the General Statutes is amended bybyadding adding a new Article to read:

(4) ActiveCandidateStatus.– Apersonwhohas mettherequirements established bybythe the ABGC to take the ABGC certification examinations in general genetics and genetic counseling and has been granted this designation by ABGC.

–Theprovision ofservices byanindividualbyanindividualwhoqualifies whoqualifies for a license under this Article and provides services to individuals located in the State.

*DRS45330-NBf-99A**S668-v-1* General Assembly Of North Carolina Session 2025 (14) Qualified supervisor.

– The issuance of a license bybythe the Board to an individual who has been granted a license under the laws of another state, territory, or jurisdiction of the United States that currently imposes substantially similar licensure requirements as those imposed by this Article.

Page 2 DRS45330-NBf-99ASenate Bill 668-First Edition General Assembly Of North Carolina Session 2025 (3) Is found by the remainder of the Board to be in violation of the provisions of this Article or to have engaged in immoral, dishonorable, unprofessional, or unethical conduct, and the conduct is deemed to compromise the integrity of the Board.

(b) OnJune30ofeachyear,theBoardshallsubmitareporttotheGovernoroftheBoard'sOnJune30ofeach year,theBoardshallsubmitareporttotheGovernoroftheBoard's activities since the preceding July 1, including (i) the names of all licensed genetic counselors to whom licenses have been granted under this Article, (ii) any cases heard and decisions rendered in matters before the Board, (iii) the recommendations of the Board as to future actions and policies, and (iv) a financial report.

DRS45330-NBf-99ASenate Bill 668-First Edition Page 3 General Assembly Of North Carolina Session 2025 (a) Application;

(3) Provide satisfactorysatisfactoryevidence evidence of having certification as a genetic counselor by the ABGC.

(6) Has not engaged in any practice at anyanytime time that would be a ground for denial, revocation, or suspension of a license under G.S.

–Atemporarylicensemay–Atemporarylicensemaybeissued beissuedtoto anapplicantwhomeetsan applicantwhomeets all of the requirements for licensure except for subdivision (a)(3) of this section and has been granted ACS by the ABGC.

A temporarytemporarylicense license shall expire automaticallyautomaticallyupon upon the earliest of the following:

Page 4 DRS45330-NBf-99ASenate Bill 668-First Edition General Assembly Of North Carolina Session 2025 (f) Suspension;

This may include genetictestinggenetictestingresults results and findings alongalongwithpublished withpublished guidelines that comply with the acceptable and prevailing standards of practice and ethics of both genetic counseling and medicine.

All genetic counselors shall consult with the referring provider or refer all clients back to the referring health care provider for diagnosis, treatment, recommendations for treatment, final interpretations, and anyanynecessary necessary follow up.

The Board shall collect any fees required by the Department of Public Safety and DRS45330-NBf-99ASenate Bill 668-First Edition Page 5 General Assembly Of North Carolina Session 2025 shall remit the fees to the Department of Public Safety for expenses associated with conducting the criminal history record check.

Page 6 DRS45330-NBf-99ASenate Bill 668-First Edition General Assembly Of North Carolina Session 2025 (3) A student or intern enrolled in an ABGC-accredited genetic counseling educational program if genetic counseling services performed by the student are an integral part of the student's course of study and are performed under thedirect supervision of a licensedgeneticlicensed genetic counselorassigned to supervise the student and who is on duty and available in the assigned patient care area and if the person is designated by a title "genetic counseling intern." "§ 90-760.

(2) Using fraud or deceit in securing or attempting to secure or renew a license under this Article or willfullywillfullyconcealing concealing from the Board material information in connection with application for a license or for renewal of a license under this Article.

(6) Violation of anyanyprovision provision of this Article or of the rules adopted bybythe the Board.

(9) Practicing geneticcounselinggeneticcounselingin inamannerthat amannerthatendangersthewelfareofclientsendangersthewelfareofclients or patients.

(10) DemonstratinganinabilitytopracticegeneticcounselingwithreasonableskillDemonstratinganinabilityto practice geneticcounselingwith reasonableskill and safety by reason of illness;

DRS45330-NBf-99ASenate Bill 668-First Edition Page 7 General Assembly Of North Carolina Session 2025 (11) Practicing genetic counseling outside the boundaries of demonstrated competenceorthelimitations ofeducation,training,orsupervised experience.

(12) Departing from or failing to conform to the acceptable and prevailing standards of care and ethics of the practice of genetic counseling in the State as determined bybythe the Board, irrespective of whether or not a patient is injured.

(15) Failing to retain securely and confidentially the complete case record indefinitely if there are pending legal or ethical matters or if there is any other compelling circumstance, or failing to retain securely and confidentially the completecaserecordfor at least sevenyearsfromthedateofthelastseven yearsfromthedateofthelast provision of services, except when under either circumstance, the genetic counselor was prevented from doing so by circumstances beyond the genetic counselor's control.

(3) Require examination, remediation, or rehabilitation for the applicant or licensee, including care, counseling, or treatment by a professional or professionals designated or approved bybythe the Board, the expense of which shall be paid by the applicant or licensee.

(e) When considering whether an applicant or licensee is physically or mentally capable of practicing genetic counseling with reasonable skill and safety with patients or clients, the Board may petition a court of competent jurisdiction to order the applicant or licensee to submit to a psychological evaluation by a psychologist to determine psychological status or a physical evaluation by a physician to determine physical condition, or both, upon a showing of probable Page 8 DRS45330-NBf-99ASenate Bill 668-First Edition General Assembly Of North Carolina Session 2025 cause to the Board that the applicant or licensee is not capable of practicing genetic counseling with reasonable skill and safety with patients or clients.

(g) An individual whose license has been denied or revoked maymayreapplyto reapply to the Board for licensure after the passage of one calendar year from the date of the denial or revocation.

The Board may delay or refuse granting consent as necessary in order to investigate any pending complaint, allegation, or issue regarding violation of any provision of this Article bybythe the licensee.

Notwithstanding any provision to the contrary, the Board retains full jurisdiction to investigateallegedviolationsofthisArticlebyanyindividualwhoselicenseisrelinquishedunderinvestigateallegedviolationsofthisArticlebyanyindividualwhoselicense isrelinquishedunder this subsection and, upon proof of any violation of this Article by any individual, the Board may take disciplinary action as authorized by this section.

7A-41.1 in which the respondent resides or has his principal place of business or in which the alleged acts occurred or, in the case DRS45330-NBf-99ASenate Bill 668-First Edition Page 9 General Assembly Of North Carolina Session 2025 of an action against a nonresident, in the district where the Genetic Counselors Licensure Board resides.

90-761(i), in any proceeding before the Board, in any record of any hearing before the Board, and in the notice of charges against any licensee, the Board shall withhold from public disclosure the identityidentityof ofaa patient including information relating to dates and places of treatment, or any other information that would tend to identify the patient, unless the patient or the representativeof thepatient expresslyconsents to thedisclosure.

UponwrittenUponwrittenrequest, request,the theBoardBoard shall revoke a subpoena if, upon a hearing, it finds that the evidence the production of which is required does not relate to a matter in issue, or if the subpoena does not describe with sufficient particularity the evidence the production of which is required, or if for any other reason in law the subpoena is invalid.

The Board retains jurisdiction over an inactive license, regardless of how it became inactive, including a request for inactivation, surrender of a license, or by operation of an order entered by theBoard.TheBoard'stheBoard.The Board's jurisdiction overthe licenseeextendslicenseeextendsfor for all matters, knownandunknownknownand unknown to the Board, at the time of the inactivation or surrender of the license." SECTION 2.

90-751, as enacted by Section 1 of this act, shall be made on or before October 1, 2025, and the initial terms of the appointees shall begin on JanuaryJanuary1, 1, 2026.

The Genetic Counselors Licensing Board shall provide to the State Bureau of Investigation, along with the request, the fingerprints of the applicant, a form signed by the applicant consenting to the criminal record check and use of fingerprints and other identifying information required by the State and National Repositories, and any additional information required bybythe theStateBureauof StateBureauofInvestigation.Investigation.

TheStateBureauofInvestigationshallTheStateBureau of Investigationshall forward a set of fingerprints to the Federal Bureau of Investigation for a national criminal history record check.

A criminal history report obtained as provided in this section is not a public record under Chapter 132 of the General Statutes." Page 10 DRS45330-NBf-99ASenate Bill 668-First Edition General Assembly Of North Carolina Session 2025 SECTION 5.