Florida to require licensure of genetic counselors

On June 21, 2021, Florida Governor Ron DeSantis passed a bill requiring genetic counselors to be licensed by the Florida Department of Health (“FLDOH”). The new law, known as the Genetic Counseling Workforce Act (“GCWA”), came into effect on July 1, 2021. FLDOH announced a 90-day enforcement moratorium to give counselors time to obtain a license appropriate in the state. Florida now joins a growing number of states that regulate the work of genetic counselors.

How is genetic counseling defined by GCWA?

The new law was added to Part III of Chapter 483, Florida Statutes (FLA. STATS §§ 483.11-483.919). The GCWA generally defines genetic counseling as “the process of counseling a person or family affected by or at risk for genetic disorders”, including by:

• Obtaining and evaluating individual, family and medical history to determine the genetic risk of genetic or medical conditions and diseases in a patient, his offspring and other family members;

• Discuss characteristics, natural history, diagnostic means, genetic and environmental factors, and risk management of genetic or medical conditions and diseases;

• Identify, order and coordinate genetic laboratory tests and other diagnostic studies, as appropriate for genetic evaluation;

• Integrate the results of genetic laboratory tests and other diagnostic studies with personal and family medical history to assess and communicate risk factors for genetic or medical diseases and disorders;

• Explain the clinical implications of genetic laboratory tests and other diagnostic studies and their results;

• Assess client or family responses to condition or risk of recurrence and provide client-centered counseling and anticipatory counseling;

• Identify and use community resources that offer medical, educational, financial and psychosocial support and advocacy;

• Provide written documentation of medical, genetic and counseling information for families and healthcare professionals; and

• Refer patients to a physician for diagnosis and treatment.

FLORIDA. STATISTICS. § 483.913 (3).

What are the additional coverage considerations?

Interestingly, the definition of genetic counseling in the Act appears to cover counseling relating to laboratory tests that are not necessarily genetic in nature, including “the explanation of the clinical implications of.” . . other diagnostic studies and their results ”as long as the counseling is for a“ genetic condition ”, which is an undefined term. The law can also cover business development and promotional activities, in that it aims to regulate the act of “providing written documentation of medical, genetic and counseling information to families and health professionals” .

Who is exempt?

The GCWA only includes limited exemptions from licensure. Specifically, active duty military physicians acting as part of their military service and licensed professionals included in the definition of “health care practitioner” under section 456.0001 of Florida laws (physicians, nurses, and midwives) women, for example) are exempt from licensing. FLORIDA. STATISTICS. § 483.919. The GCWA also contains a “conscience clause,” which explains that the law does not require licensed genetic counselors to participate in counseling that offends their deeply held religious or moral beliefs. Identifier. in § 483.918.

Who can get a license and how do I get one?

The educational criteria for obtaining a license are similar to those in other jurisdictions. Applicant must provide FLDOH with satisfactory documentation that they have obtained either a master’s degree from a genetic counseling training program or its equivalent as determined by the Genetic Counseling Accreditation Council or its successor or equivalent body. or a doctorate from a medical genetics training program accredited by the American Board of Medical Genetics and Genomics or the Canadian College of Medical Geneticists. In addition, the candidate must pass the certification exam as a genetic counselor given by the American Board of Genetic Counseling, Inc., the American Board of Medical Genetics and Genomics, or the Canadian Association of Genetic Counselors. or as a medical or clinical geneticist with the American Board of Medical Genetics and Genomics or the Canadian College of Medical Geneticists. FLORIDA. STATISTICS. §§ 483.914 (2) (c) – (d).

Candidates who meet the educational criteria for licensure but have not passed a certification exam are eligible for a two-year temporary license. Identifier. in § 483.914 (3). Standard licenses are also granted for a period of two years. Identifier. in § 483.914 (2).

Are genetic counselors located outside of Florida who counsel patients in the state affected?

Counselors who are located outside of state lines, but counsel patients located in Florida using remote technology or telemedicine, are likely subject to GCWA licensure requirements. The law’s prohibition against unauthorized practice is formulated in general terms and is easily interpreted to cover interstate advisory activities. To see, FLA. STATISTICS. §§ 483.916 (1) (b) – (c). The unauthorized practice is punishable as a misdemeanor under Florida law. Identifier. in § 483.916 (2).

In what appears to be a legislative omission, the GCWA has not amended Section 456.47 (1) (b) of the Florida Statutes to add genetic counselors to the definition of “telehealth provider”. This means that genetic counselors who are physically located outside of Florida and not licensed in the state cannot counsel patients located in Florida via telehealth by simply registering as a telehealth provider out of the state. State under section 456.47 (4), Florida Statutes. The telehealth enrollment route is simply not available to out-of-state genetic counselors at this time. Nonetheless, there does not appear to be a ban on out-of-state counselors who are licensed as a Florida genetic counselor from providing services to patients in Florida from a remote location. Likewise, the licensing criteria do not exclude the licensing of out-of-state candidates.

What is the application process?

The good news is that the application process is relatively straightforward. It appears that no application fee has been set by rule at this time and the application can be completed online. Customers reported that FLDOH is currently processing requests in a short time. FLDOH’s website on licensing genetic counselors, including a link to access the app, can be found here.