For Release: Immediate
Monday, June 23, 2008

Contact: Jason Butkowski
(609) 292-5215

GENETIC COUNSELING REGULATION APPROVED IN STATE SENATE 

TRENTON – A bill sponsored by Senators Joseph F. Vitale, Jim Whelan, Shirley K. Turner and Nia H. Gill which would create a system of licensure and accountability for genetic counselors in the State of New Jersey was approved by the Senate today by a vote of 38-0.

The bill, a Senate Committee substitute for S-1226 and S-1266, would establish a Genetic Counseling Advisory Committee under the State Board of Medical Examiners. The Committee would consist of five members, and would be charged with setting educational and experience standards and continuing education requirements for licensed genetic counselors, reviewing qualifications of applicants for licensure, ensuring proper conduct and standards of practice, and issuing and renewing licenses every two years pursuant to this act. The Committee would also maintain a record of every genetic counselor licensed in the State and promulgate any rules and regulations governing licensed counselors as designated by the Board of Medical Examiners.

Under the bill, genetic counseling is defined as a communication process conducted by trained individuals, which may include: obtaining and interpreting individual, family, medical and developmental histories; determining the mode of inheritance and risk of transmission of genetic conditions and birth defects; discussing the means of diagnosis and management of genetic conditions; evaluating the client’s or family’s response to the condition; and facilitating informed decision-making about testing, management and alternatives.

“Senator Gill is an incredibly talented and intelligent leader who understands the complexities of commercial law, but never forgets to balance the concerns of businesses with what’s best for consumers and all the people of New Jersey,” said Senate President Codey.

“This bill allows New Jersey an opportunity of accountability and access to a cutting-edge field which will revolutionize the practice of health care in the very near future,” said Senator Gill, D-Essex and Passaic, and Chairwoman of the Senate Commerce Committee. “Genetic counseling is at the very core of personalized medicine, and will greatly enhance the ability of doctors to tailor health care to the very specific needs of individual health care consumers. By creating a mechanism for oversight and licensure of genetic counselors, we can take a strong first step to protect consumers and bolster genetic counseling in the Garden State.”

“Establishing a strong local economy is crucial to our businesses, families and communities,” Senator Gill said. “While it is very important that we make New Jersey an active participant in the global economy, it is equally important that we provide a structure and environment to ensure the health of our Main Street and small businesses. We cannot overlook the backbone of our communities – the small, independent business owners who are the real manifestations of the philosophy of Adam Smith.”

The measure would require that the following conditions be met as minimum criteria for licensure:

• A candidate for licensure must be at least 21 years of age;

• The candidate must be of good moral character;

• The candidate must have achieved a master’s degree or higher educational achievement in genetic counseling or its equivalent from an accredited institution of higher learning;

• The candidate must satisfy experience proficiencies required by the Genetic Counseling Advisory committee, which shall be at least equivalent to the standards set forth by the American Board of Genetic Counseling, or its successor.

Additionally, each individual would be required to pass an exam for licensure, which would be prepared and administered by the State Board of Medical Examiners, or through an approved testing organization.

The committee substitute would provide that only an individual could be licensed as a genetic counselor, rather than a firm or corporation. Under the legislation, it would be unlawful for individuals, firms, partnerships, associations or corporations to advertise or offer genetic counseling services, or use the title of “genetic counselor” unless an individual with a current valid license would be rendering such services.

The measure would also exempt certain individuals from licensure, including those licensed to practice medicine and surgery, those licensed as registered professional nurses, students enrolled in an accredited genetic counseling educational program, or recent graduates of an accredited program who have not yet passed the examination for licensure, so long as these individuals do not hold themselves out as genetic counselors, or are acting as interns under the supervision of licensed counselors in the case of individuals currently studying or recently graduated from an accredited genetic counseling educational program.

Finally, the legislation would make it illegal for licensed genetic counselors from disclosing confidential information, except when disclosure is required by State or federal law, when the counselor is party to a civil, criminal or disciplinary action arising from their actions as a counselor; or when the patient is a defendant in a criminal proceeding and non-disclosure would violate the patient’s right to present testimony and witnesses in the trial.

The bill now heads to the Assembly for a vote of concurrence with Senate Committee amendments. If approved, it would go to the Governor to be signed into law.