Rhode Island General Laws 5-92-5. Powers and duties of department regarding licensing of genetic counselors
For the purposes of conducting its responsibilities under this chapter, the department shall have the following powers and duties:
(1) To engage persons of established reputation and known ability in genetic counseling as consultants to the department; the Rhode Island or New England chapter or affiliate of the National Society of Genetic Counselors, if existing, or their successors or equivalent, is designated as the appropriate body with which the department shall consult for referral of consultants and other assistance to the department;
(2) To promulgate regulations and adopt such rules as are necessary to regulate genetic counselors;
(3) To receive, review, approve, or disapprove applications for licensing, renewal, and reinstatement and to issue those licenses;
(4) To establish administrative procedures for processing applications for licenses and license renewals and to hire or appoint agents as are appropriate for processing applications for licenses and license renewals;
(5) To retain records of its actions and proceedings in accordance with public records laws;
(6) To define, by regulation, the appropriate standards for education and experience necessary to qualify for licensing, including, but not limited to, continuing professional education requirements for licensed genetic counselors and provisional licensed genetic counselors, which shall be consistent with those of the American Board of Genetic Counseling, or its successor, and for the conduct and ethics that shall govern the practice of genetic counseling;
(7) To establish standards of supervision for students or persons in training to become qualified to obtain a license in the occupation or profession it represents;
(8) To conduct hearings upon charges calling for the discipline of a licensed genetic counselor or for revocation of a license pursuant to § 5-92-9. The department has the power to issue subpoenas and compel the attendance of witnesses and administer oaths to persons giving testimony at hearings. The department shall cause the prosecution of all persons violating this chapter and has the power to incur the necessary expenses for the prosecution;
(9) To summarily suspend the license of a licensee who poses an imminent danger to the public, but a hearing shall be afforded to the licensee within seven (7) days of an action by the department to determine whether such summary action is warranted;
(10) To recover the actual costs and fees, including attorneys’ fees, incurred by the department in the investigation and prosecution of a licensee upon the finding of a violation of this chapter or a rule adopted or an order issued by the department under this chapter;
(11) To take such action as may be necessary to enforce the provisions of this chapter and to regulate the practice of genetic counseling;
(12) To impose a civil penalty not to exceed one thousand dollars ($1,000) for each violation by a licensee of this chapter or of rules adopted by the department; and
(13) To perform such other functions and duties as may be required to carry out this chapter.
History of Section.
P.L. 2022, ch. 301, § 1, effective June 29, 2022; P.L. 2022, ch. 302, § 1, effective June 29, 2022.
Terms Used In Rhode Island General Laws 5-92-5
- Department: means the department of health. See Rhode Island General Laws 5-92-3
- Licensed genetic counselor: means a person licensed under this chapter to engage in the practice of genetic counseling. See Rhode Island General Laws 5-92-3
- Practice of genetic counseling: means a communication process, conducted by one or more appropriately trained individuals that may include:
(i) Obtaining and evaluating individual, family, and medical histories to determine genetic risk for genetic/medical conditions and diseases in a patient, the patient's offspring, and other family members;
(ii) Discussing the features, natural history, means of diagnosis, genetic and environmental factors, and management of risk for genetic/medical conditions and diseases;
(iii) Identifying, ordering, and coordinating genetic laboratory tests as appropriate for the genetic assessment;
(iv) Integrating genetic laboratory test results and other diagnostic studies with personal and family medical history to assess and communicate risk factors for genetic/medical conditions and diseases;
(v) Explaining the clinical implications of genetic laboratory tests and other diagnostic studies and their results;
(vi) Evaluating the client's or family's responses to the condition or risk of recurrence and providing client-centered counseling and anticipatory guidance;
(vii) Identifying and utilizing community resources that provide medical, educational, financial, and psychosocial support and advocacy;
(viii) Providing written documentation of medical, genetic, and counseling information for families and healthcare professionals; and
(ix) When necessary, referring patients to a physician for diagnosis and treatment. See Rhode Island General Laws 5-92-3
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.