(a) The board shall promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, all rules and regulations that are reasonably necessary to regulate advertising and for the performance of the various duties imposed upon the board for the proper administration of this part.
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Terms Used In Tennessee Code 63-6-806

  • ABGC: means the American Board of Genetic Counseling. See Tennessee Code 63-6-802
  • ABMG: means the American Board of Medical Genetics. See Tennessee Code 63-6-802
  • Board: means the board of medical examiners, created by §. See Tennessee Code 63-6-802
  • Department: means the department of health. See Tennessee Code 63-6-802
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Genetic counselor: means a person licensed under this part to engage in the practice of genetic counseling. See Tennessee Code 63-6-802
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Supervision: means the ongoing, direct clinical review for the purposes of training or teaching by an approved supervisor who monitors the performance or a person's supervised interaction with a client and provides regular documented face-to-face consultation, guidance and instructions with respect to the clinical skills and competencies of the person supervised. See Tennessee Code 63-6-802
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(b) No person shall represent to be or function as a genetic counselor under this part unless that person holds a valid genetic counselor license or temporary license issued by the board. The board shall establish the qualifications that are prerequisite to issuance of licenses and temporary licenses; provided, that:

(1) To qualify for a license to practice genetic counseling, a person shall have:

(A) Earned a masters degree from a genetic counseling training program that is accredited by the ABGC or an equivalent as determined by the ABGC or the ABMG; and
(B) Met the examination requirement for certification and have current certification as a genetic counselor by the ABGC or the ABMG;
(2) For one (1) year after the effective date of the rules adopted under this part, a license may be issued, at the discretion of the board, to an applicant not meeting the requirements of subdivision (b)(1)(B) if the applicant has practiced as a genetic counselor since 1980 and the committee has completed an investigation of the applicant’s work history. The investigation may include, but is not limited to, completion by the applicant of a questionnaire regarding the applicant’s work history and scope of practice; and
(3)

(A) A temporary license to practice genetic counseling may be issued to an applicant who meets all of the requirements for licensure except the examination requirement of subdivision (b)(1)(B);
(B) Temporary license applicants shall have active candidate status conferred by ABGC and take the next available certification examination;
(C) A temporary license shall not be issued if the applicant has failed the ABGC certification examination more than twice;
(D) Temporary licensees shall practice under the general supervision of a licensed genetic counselor or a licensed physician with current ABMG certification in clinical genetics;
(E) A temporary license shall expire upon the earliest of one (1) of the following:

(i) Issuance of full licensure;
(ii) Ninety (90) days after notification of failing the certification exam without obtaining current active candidate status; or
(iii) The date printed on the temporary license.
(c) The board shall set fees, after consultation with the department, relative to the application, licensing and renewal in amounts sufficient to pay all of the expenses of the board that are directly attributable to the performance of the board’s duties pursuant to this part, including, but not limited to, the following fees:

(1) Application, licensure and temporary licensure fee;
(2) Renewal fee;
(3) Late renewal fee;
(4) Continuing education course approval fee; and
(5) Duplicate licensure fee.
(d) The board shall review and approve or reject the qualifications of applicants for licensure and to issue all approved full, restricted, conditioned or temporary licenses.
(e) The board shall biennially review and approve or reject the qualifications of each applicant for biennial licensure renewal. The board shall require the receipt of evidence satisfactory to the board of the applicant’s successful completion, within a two-year period prior to the application for license renewal, of five (5) CEUs, category 1 or 2, or fifty (50) contact hours approved for recertification purposes by the ABGC. A licensee shall be responsible for maintaining competent records of having completed qualified professional education for a period of four (4) years after the close of the two-year period to which the records pertain. It is the responsibility of the licensee to maintain such information with respect to having completed a qualified professional education that demonstrates the education meets the requirements under this section. The board may, in its discretion, waive or modify the continuing education requirement in cases of retirement, illness, disability or other undue hardship.
(f) The board shall collect or receive all fees, fines and moneys owed pursuant to this part and shall pay the fees, fines and moneys into the general fund of the state. For purposes of implementing subsection (c), all fees, fines or moneys collected pursuant to the regulation of genetic counselors shall so be designated.
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