Amendments for SB19-133
Senate Journal, February 22
After consideration on the merits, the Committee recommends that SB19-133 be amended
as follows, and as so amended, be referred to the Committee on Finance with favorable
recommendation.
Amend printed bill, page 24, strike lines 6 through 15 and substitute:
"SECTION 5. In Colorado Revised Statutes, add to title 12 as
repealed and reenacted by House Bill 19-1172 article 228 as follows:
ARTICLE 228
Genetic Counselor Licensure Act
12-228-101. Short title. THE SHORT TITLE OF THIS ARTICLE 228
IS THE "GENETIC COUNSELOR LICENSURE ACT".
12-228-102. Legislative declaration. (1) THE GENERAL
ASSEMBLY HEREBY:
(a) FINDS THAT THERE IS A PUBLIC NEED FOR RELIABLE AND
AFFORDABLE GENETIC COUNSELING SERVICES PROVIDED BY READILY
IDENTIFIABLE AND COMPETENT PRACTITIONERS;
(b) DETERMINES THAT A LICENSURE REQUIREMENT IS NECESSARY
TO MEET THIS PUBLIC NEED, INCLUDING A DEFINED SCOPE OF PRACTICE
AND TITLE PROTECTION FOR LICENSED GENETIC COUNSELORS TO ASSURE
CONSUMERS THE RIGHT TO CHOOSE THOSE FROM WHOM THEY RECEIVE
INFORMATION AND ADVICE; AND
(c) DECLARES THAT:
(I) ITS INTENT IN ENACTING THIS ARTICLE 228 IS TO ESTABLISH
MINIMUM STANDARDS OF EDUCATION, EXPERIENCE, AND EXAMINATION
FOR PROFESSIONAL GENETIC COUNSELORS SO THAT THE PUBLIC CAN
READILY IDENTIFY THOSE WHO MEET THESE MINIMUM STANDARDS; AND
(II) ENACTMENT OF THIS ARTICLE 228 WILL PROTECT THE HEALTH
OF THE PUBLIC BY BROADENING AFFORDABLE ACCESS TO APPROPRIATE
AND RELIABLE GENETIC COUNSELING.
12-228-103. Applicability of common provisions. ARTICLES 1,
20, AND 30 OF THIS TITLE 12 APPLY, ACCORDING TO THEIR TERMS, TO THIS
ARTICLE 228.
12-228-104. Definitions. AS USED IN THIS ARTICLE 228, UNLESS
THE CONTEXT OTHERWISE REQUIRES:
(1) "ABGC" MEANS THE AMERICAN BOARD OF GENETIC
COUNSELING OR AN ORGANIZATION THAT THE DIRECTOR RECOGNIZES AS
BEING EQUIVALENT TO, OR A PREDECESSOR OR SUCCESSOR OF, THE
ABGC.
(2) "ABMGG" MEANS THE AMERICAN BOARD OF MEDICAL
GENETICS AND GENOMICS OR AN ORGANIZATION THAT THE DIRECTOR
RECOGNIZES AS BEING EQUIVALENT TO, OR A PREDECESSOR OR
SUCCESSOR OF, THE ABMGG.
(3) "ACGC" MEANS THE ACCREDITATION COUNCIL FOR GENETIC
COUNSELING OR AN ORGANIZATION THAT THE DIRECTOR RECOGNIZES AS
BEING EQUIVALENT TO, OR A PREDECESSOR OR SUCCESSOR OF, THE
ACGC.
(4) "ACTIVE CANDIDATE STATUS" OR "ACS" MEANS THAT A
PERSON IN AN ACS-ELIGIBLE APPLICANT CATEGORY HAS SUPPLIED THE
ABGC WITH ALL DOCUMENTATION REQUIRED TO TAKE THE ABGC'S
CERTIFICATION EXAMINATION AND HAS BEEN APPROVED BY THE ABGC
TO TAKE THE EXAMINATION IN A SPECIFIC CYCLE.
(5) "GENETIC COUNSELING" INCLUDES THE FOLLOWING
ACTIVITIES:
(a) OBTAINING AND INTERPRETING INDIVIDUAL, FAMILY,
MEDICAL, AND DEVELOPMENT HISTORIES;
(b) DETERMINING THE MODE OF INHERITANCE AND RISK OF
TRANSMISSION OF GENETIC CONDITIONS;
(c) DISCUSSING THE INHERITANCE, FEATURES, NATURAL HISTORY,
AND MEANS OF DIAGNOSIS OF GENETIC CONDITIONS;
(d) IDENTIFYING, COORDINATING, ORDERING, AND EXPLAINING
GENETIC LABORATORY TESTS AND OTHER DIAGNOSTIC STUDIES;
(e) ASSESSING PSYCHOSOCIAL FACTORS AND RECOGNIZING
SOCIAL, EDUCATIONAL, AND CULTURAL ISSUES;
(f) EVALUATING THE CLIENT'S OR THE CLIENT'S FAMILY'S
RESPONSES TO THE GENETIC CONDITION OR RISK OF RECURRENCE OF A
GENETIC CONDITION AND PROVIDING CLIENT-CENTERED COUNSELING AND
ANTICIPATORY GUIDANCE;
(g) COMMUNICATING GENETIC INFORMATION TO CLIENTS;
(h) FACILITATING INFORMED DECISION-MAKING ABOUT TESTING
AND MANAGEMENT ALTERNATIVES;
(i) IDENTIFYING AND UTILIZING COMMUNITY RESOURCES THAT
PROVIDE MEDICAL, EDUCATIONAL, FINANCIAL, AND PSYCHOSOCIAL
SUPPORT AND ADVOCACY; AND
(j) PROVIDING ACCURATE WRITTEN DOCUMENTATION OF MEDICAL,
GENETIC, AND COUNSELING INFORMATION FOR CLIENTS, THEIR FAMILIES,
AND HEALTH CARE PROFESSIONALS.
(6) "GENETIC COUNSELOR" OR "LICENSEE" MEANS AN INDIVIDUAL
WHO IS LICENSED PURSUANT TO THIS ARTICLE 228 TO PRACTICE GENETIC
COUNSELING.
(7) "NSGC" MEANS THE NATIONAL SOCIETY OF GENETIC
COUNSELORS OR AN ORGANIZATION THAT THE DIRECTOR RECOGNIZES AS
BEING EQUIVALENT TO, OR A PREDECESSOR OR SUCCESSOR OF, THE
NSGC.
12-228-105. Use of titles restricted. ON AND AFTER JUNE 1,
2020, ONLY A PERSON LICENSED AS A GENETIC COUNSELOR UNDER THIS
ARTICLE 228 MAY USE THE TITLE OR ABBREVIATION "GENETIC
COUNSELOR", "LICENSED GENETIC COUNSELOR", "L.G.C.", "GENE
COUNSELOR", "GENETIC CONSULTANT", "GENETIC ASSOCIATE", OR ANY
COMBINATION OF THESE TERMS OR ABBREVIATIONS OR ANY OTHER
GENERALLY ACCEPTED TERMS, LETTERS, OR FIGURES THAT INDICATE
THAT THE PERSON IS A GENETIC COUNSELOR.
12-228-106. License required. ON AND AFTER JUNE 1, 2020,
EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE 228, A PERSON SHALL
NOT ENGAGE IN THE PRACTICE OF GENETIC COUNSELING OR REPRESENT
THAT THE PERSON IS ABLE TO PRACTICE GENETIC COUNSELING IN THIS
STATE WITHOUT POSSESSING A VALID LICENSE ISSUED BY THE DIRECTOR
IN ACCORDANCE WITH THIS ARTICLE 228 AND RULES ADOPTED PURSUANT
TO THIS ARTICLE 228.
12-228-107. Licensure of genetic counselors - application -
qualifications - renewal - continuing education - fees - rules.
(1) Educational and experiential requirements. (a) EVERY APPLICANT
FOR A LICENSE AS A GENETIC COUNSELOR MUST:
(I) EXCEPT AS SPECIFIED IN SUBSECTION (1)(b) OF THIS SECTION,
PROVIDE SATISFACTORY EVIDENCE TO THE DIRECTOR OF CERTIFICATION
AS A GENETIC COUNSELOR BY THE ABGC OR ABMGG; AND
(II) SUBMIT AN APPLICATION AS SPECIFIED IN SUBSECTION (2) OF
THIS SECTION.
(b) THE DIRECTOR SHALL ESTABLISH, BY RULE, REQUIREMENTS
FOR ISSUING A PROVISIONAL LICENSE TO PRACTICE GENETIC COUNSELING
TO A CANDIDATE FOR LICENSURE WHO HAS BEEN GRANTED ACTIVE
CANDIDATE STATUS BY THE ABGC. THE RULES MUST ADDRESS AT LEAST
THE FOLLOWING:
(I) THE TERMS OF, RENEWAL OF, AND FEES FOR PROVISIONAL
LICENSES;
(II) WHETHER A GENETIC COUNSELOR WORKING PURSUANT TO A
PROVISIONAL LICENSE MUST BE UNDER THE GENERAL SUPERVISION OF A
LICENSED HEALTH CARE PROVIDER AND, IF SO, BY WHOM AND UNDER
WHAT CONDITIONS; AND
(III) THE AUTOMATIC EXPIRATION OF A PROVISIONAL LICENSE
UPON A SECOND FAILURE TO PASS A CERTIFICATION EXAMINATION.
(2) Application. (a) IF AN APPLICANT HAS FULFILLED THE
REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION, THE APPLICANT MAY
APPLY FOR LICENSURE UPON PAYMENT OF A LICENSE APPLICATION FEE IN
AN AMOUNT DETERMINED BY THE DIRECTOR.
(b) THE APPLICATION MUST BE IN THE FORM AND MANNER
DESIGNATED BY THE DIRECTOR.
(3) Licensure. IF AN APPLICANT HAS FULFILLED THE
REQUIREMENTS OF SUBSECTIONS (1) AND (2) OF THIS SECTION, THE
DIRECTOR SHALL ISSUE A LICENSE OR, AS APPROPRIATE, A PROVISIONAL
LICENSE TO THE APPLICANT; EXCEPT THAT THE DIRECTOR MAY DENY A
LICENSE IF THE APPLICANT HAS COMMITTED ANY ACT THAT WOULD BE
GROUNDS FOR DISCIPLINARY ACTION PURSUANT TO SECTION 12-228-109.
(4) License renewal - continuing education. (a) THE GENETIC
COUNSELOR MUST SUBMIT AN APPLICATION IN THE FORM AND MANNER
DESIGNATED BY THE DIRECTOR AND MUST PAY A RENEWAL FEE IN AN
AMOUNT DETERMINED BY THE DIRECTOR.
(b) ALL LICENSES ISSUED PURSUANT TO THIS ARTICLE 228 ARE
SUBJECT TO THE RENEWAL, EXPIRATION, REINSTATEMENT, AND
DELINQUENCY FEE PROVISIONS SPECIFIED IN SECTION 12-20-202 (1) AND
(2). IF A GENETIC COUNSELOR FAILS TO RENEW THE GENETIC COUNSELOR'S
LICENSE PURSUANT TO THE SCHEDULE ESTABLISHED BY THE DIRECTOR,
THE LICENSE EXPIRES. A PERSON WHOSE LICENSE EXPIRES IS SUBJECT TO
THE PENALTIES PROVIDED IN THIS ARTICLE 228 OR SECTION 12-20-202 (1).
(c) APPLICANTS FOR LICENSE RENEWAL MUST SUBMIT PROOF OF
HAVING COMPLETED THIRTY HOURS OF NSGC-APPROVED CONTINUING
EDUCATION WITHIN THE PREVIOUS LICENSING PERIOD.
(5) Fees. ALL FEES COLLECTED PURSUANT TO THIS ARTICLE 228
SHALL BE DETERMINED, COLLECTED, AND APPROPRIATED IN THE MANNER
SET FORTH IN SECTION 12-20-105.
12-228-108. Scope of article - exclusions. (1) THIS ARTICLE 228
DOES NOT PREVENT OR RESTRICT THE PRACTICE, SERVICES, OR ACTIVITIES
OF:
(a) A PERSON LICENSED OR OTHERWISE REGULATED IN THIS STATE
BY ANY OTHER LAW FROM ENGAGING IN THE PERSON'S PROFESSION OR
OCCUPATION AS DEFINED IN THE LAW PURSUANT TO WHICH THE PERSON
IS LICENSED OR OTHERWISE REGULATED, SPECIFICALLY INCLUDING
PERSONS LICENSED PURSUANT TO THE "COLORADO MEDICAL PRACTICE
ACT", ARTICLE 240 OF THIS TITLE 12, AND ACTING AS NECESSARY, IN THE
PERSON'S JUDGMENT, TO ENGAGE IN THE PRACTICE OF MEDICINE AS
DEFINED IN SECTION 12-240-107 (1);
(b) A PERSON PURSUING A COURSE OF STUDY LEADING TO A
DEGREE IN GENETIC COUNSELING OR AN EQUIVALENT DEGREE, AS
AUTHORIZED BY THE DIRECTOR, FROM AN ACGC-ACCREDITED SCHOOL
OR PROGRAM, IF:
(I) THE ACTIVITIES AND SERVICES CONSTITUTE A PART OF A
SUPERVISED COURSE OF STUDY;
(II) THE PERSON IS DESIGNATED BY A TITLE THAT CLEARLY
INDICATES THE PERSON'S STATUS AS A STUDENT;
(III) THE PERIOD OF SUPERVISED PRACTICE DOES NOT EXCEED TWO
YEARS, UNLESS THE DIRECTOR PROVIDES WRITTEN APPROVAL; AND
(IV) THE PERSON IS SUPERVISED BY A GENETIC COUNSELOR OR A
PHYSICIAN LICENSED PURSUANT TO ARTICLE 240 OF THIS TITLE 12;
(c) A PERSON WHO IS EMPLOYED BY THE UNITED STATES OR A
STATE GOVERNMENT OR ANY OF ITS BUREAUS, DIVISIONS, OR AGENCIES
WHILE IN THE DISCHARGE OF THE PERSON'S OFFICIAL DUTIES; OR
(d) AN INDIVIDUAL FROM ANOTHER STATE OR COUNTRY WHO IS
CERTIFIED BY THE ABGC OR ABMGG AND IS NOT A LICENSED GENETIC
COUNSELOR IN THIS STATE WHEN ENGAGING IN GENETIC COUNSELING ON
BEHALF OF A TEMPORARILY ABSENT GENETIC COUNSELOR, IF THE
UNLICENSED INDIVIDUAL IS ACTING IN ACCORDANCE WITH RULES
ESTABLISHED BY THE DIRECTOR. THE UNLICENSED PRACTICE MUST NOT
BE OF MORE THAN FOUR WEEKS' DURATION, AND A PERSON SHALL NOT
UNDERTAKE UNLICENSED PRACTICE MORE THAN ONCE IN ANY
TWELVE-MONTH PERIOD.
(2) (a) NOTHING IN THIS ARTICLE 228 AUTHORIZES A GENETIC
COUNSELOR TO ENGAGE IN THE PRACTICE OF MEDICINE, AS DEFINED IN
SECTION 12-240-107 (1), OR ANY OTHER FORM OF HEALING OR
COUNSELING EXCEPT AS AUTHORIZED BY THIS ARTICLE 228.
(b) IF, IN THE COURSE OF PROVIDING GENETIC COUNSELING TO A
CLIENT, A GENETIC COUNSELOR FINDS ANY INDICATION OF A DISEASE OR
CONDITION THAT REQUIRES MEDICAL ASSESSMENT, THE GENETIC
COUNSELOR SHALL REFER THE CLIENT TO A PHYSICIAN LICENSED TO
PRACTICE MEDICINE PURSUANT TO ARTICLE 240 OF THIS TITLE 12.
12-228-109. Grounds for discipline - disciplinary proceedings
- cease-and-desist orders - definitions. (1) THE DIRECTOR MAY TAKE
DISCIPLINARY OR OTHER ACTION AGAINST A PERSON AS AUTHORIZED BY
SECTION 12-20-404 IF THE DIRECTOR FINDS THAT THE PERSON HAS
REPRESENTED THAT THE PERSON IS A GENETIC COUNSELOR AFTER THE
EXPIRATION, SUSPENSION, OR REVOCATION OF THE PERSON'S LICENSE.
(2) THE DIRECTOR MAY TAKE DISCIPLINARY OR OTHER ACTION
AUTHORIZED BY SECTION 12-20-404 AGAINST A LICENSEE UPON PROOF
THAT THE LICENSEE:
(a) HAS ENGAGED IN A SEXUAL ACT WITH AN INDIVIDUAL
RECEIVING SERVICES WHILE A THERAPEUTIC RELATIONSHIP EXISTED OR
WITHIN SIX MONTHS IMMEDIATELY FOLLOWING TERMINATION OF THE
THERAPEUTIC RELATIONSHIP. FOR THE PURPOSES OF THIS SUBSECTION
(2)(a):
(I) "SEXUAL ACT" MEANS SEXUAL CONTACT, SEXUAL INTRUSION,
OR SEXUAL PENETRATION, AS DEFINED IN SECTION 18-3-401.
(II) "THERAPEUTIC RELATIONSHIP" MEANS THE PERIOD BEGINNING
WITH THE INITIAL EVALUATION AND ENDING UPON THE WRITTEN
TERMINATION OF TREATMENT.
(b) HAS FALSIFIED INFORMATION IN AN APPLICATION OR HAS
ATTEMPTED TO OBTAIN OR HAS OBTAINED A LICENSE BY FRAUD,
DECEPTION, OR MISREPRESENTATION;
(c) IS AN EXCESSIVE OR HABITUAL USER OR ABUSER OF ALCOHOL
OR HABIT-FORMING DRUGS OR IS A HABITUAL USER OF A CONTROLLED
SUBSTANCE, AS DEFINED IN SECTION 18-18-102 (5), OR OTHER DRUGS
HAVING SIMILAR EFFECTS;
(d) (I) HAS FAILED TO NOTIFY THE DIRECTOR OF A PHYSICAL
ILLNESS, PHYSICAL CONDITION, OR BEHAVIORAL OR MENTAL HEALTH
DISORDER THAT IMPAIRS THE LICENSEE'S ABILITY TO PROVIDE GENETIC
COUNSELING WITH REASONABLE SKILL AND SAFETY OR THAT MIGHT
ENDANGER THE HEALTH OR SAFETY OF INDIVIDUALS RECEIVING THE
COUNSELING;
(II) HAS FAILED TO ACT WITHIN THE LIMITATIONS CREATED BY A
PHYSICAL ILLNESS, PHYSICAL CONDITION, OR BEHAVIORAL OR MENTAL
HEALTH DISORDER THAT RENDERS THE PERSON UNABLE TO PRACTICE
GENETIC COUNSELING WITH REASONABLE SKILL AND SAFETY OR THAT
MIGHT ENDANGER THE HEALTH OR SAFETY OF PERSONS UNDER THE
LICENSEE'S CARE; OR
(III) HAS FAILED TO COMPLY WITH THE LIMITATIONS AGREED TO
UNDER A CONFIDENTIAL AGREEMENT ENTERED INTO PURSUANT TO
SECTIONS 12-228-111 AND 12-30-108;
(e) HAS VIOLATED, OR AIDED OR ABETTED OR KNOWINGLY
PERMITTED ANY PERSON TO VIOLATE, THIS ARTICLE 228, AN APPLICABLE
PROVISION OF ARTICLE 20 OR 30 OF THIS TITLE 12, A RULE ADOPTED
PURSUANT TO THIS ARTICLE 228, OR A LAWFUL ORDER OF THE DIRECTOR;
(f) HAS HAD A LICENSE, CERTIFICATION, OR REGISTRATION
SUSPENDED OR REVOKED IN ANOTHER JURISDICTION FOR ACTIONS THAT
WOULD VIOLATE THIS ARTICLE 228 OR WOULD CONSTITUTE GROUNDS FOR
DISCIPLINE UNDER THIS SECTION IF COMMITTED IN COLORADO;
(g) HAS BEEN CONVICTED OF OR PLED GUILTY OR NOLO
CONTENDERE TO A FELONY. A CERTIFIED COPY OF THE JUDGMENT OF A
COURT OF COMPETENT JURISDICTION OF THE CONVICTION OR PLEA IS
CONCLUSIVE EVIDENCE OF THE CONVICTION OR PLEA. IN CONSIDERING
THE DISCIPLINARY ACTION, THE DIRECTOR IS GOVERNED BY SECTIONS
12-20-202 (5) AND 24-5-101.
(h) HAS FRAUDULENTLY OBTAINED, FURNISHED, OR SOLD ANY
GENETIC COUNSELING DIPLOMA, CERTIFICATE, LICENSE, OR RENEWAL OF
A LICENSE OR OTHER PROFESSIONAL CREDENTIAL;
(i) HAS FAILED TO NOTIFY THE DIRECTOR OF THE SUSPENSION OR
REVOCATION OF THE PERSON'S PAST OR CURRENTLY HELD LICENSE,
CERTIFICATE, OR REGISTRATION REQUIRED TO PRACTICE GENETIC
COUNSELING IN THIS OR ANY OTHER JURISDICTION;
(j) HAS REFUSED TO SUBMIT TO A MENTAL OR PHYSICAL
EXAMINATION IF ORDERED BY THE DIRECTOR PURSUANT TO SECTION
12-228-110;
(k) HAS ENGAGED IN ANY OF THE FOLLOWING ACTIVITIES AND
PRACTICES:
(I) ORDERING, WITHOUT CLINICAL JUSTIFICATION,
DEMONSTRABLY UNNECESSARY LABORATORY TESTS OR STUDIES; OR
(II) AN ACT OR OMISSION THAT IS CONTRARY TO GENERALLY
ACCEPTED STANDARDS OF GENETIC COUNSELING; OR
(l) HAS FAILED TO PROVIDE ADEQUATE OR PROPER SUPERVISION
OF A PROVISIONALLY LICENSED GENETIC COUNSELOR OR ANY UNLICENSED
PERSON IN THE PRACTICE OF GENETIC COUNSELING, IF REQUIRED BY RULE
PURSUANT TO SECTION 12-228-107 (1)(b).
(3) THE DIRECTOR NEED NOT FIND THAT THE ACTIONS THAT ARE
GROUNDS FOR DISCIPLINE PURSUANT TO SUBSECTION (2) OF THIS SECTION
WERE WILLFUL BUT MAY CONSIDER WHETHER THE ACTIONS WERE
WILLFUL WHEN DETERMINING THE NATURE OF DISCIPLINARY SANCTIONS
TO BE IMPOSED.
(4) (a) THE DIRECTOR MAY COMMENCE A PROCEEDING TO
DISCIPLINE A LICENSEE IF THE DIRECTOR HAS REASONABLE GROUNDS TO
BELIEVE THAT THE LICENSEE HAS COMMITTED AN ACT ENUMERATED IN
THIS SECTION.
(b) IN ANY PROCEEDING PURSUANT TO THIS SECTION, THE
DIRECTOR MAY ACCEPT AS EVIDENCE OF GROUNDS FOR DISCIPLINARY
ACTION AGAINST A LICENSEE ANY DISCIPLINARY ACTION TAKEN AGAINST
THE LICENSEE IN ANOTHER JURISDICTION IF THE VIOLATION THAT
PROMPTED THE DISCIPLINARY ACTION IN THE OTHER JURISDICTION WOULD
BE GROUNDS FOR DISCIPLINARY ACTION PURSUANT TO THIS ARTICLE 228.
(5) ACTIONS UNDER THIS SECTION ARE GOVERNED BY SECTION
12-20-403. DISCIPLINARY PROCEEDINGS SHALL BE CONDUCTED IN
ACCORDANCE WITH ARTICLE 4 OF TITLE 24, AND THE HEARING AND
OPPORTUNITY FOR REVIEW SHALL BE CONDUCTED PURSUANT TO THAT
ARTICLE BY THE DIRECTOR OR BY AN ADMINISTRATIVE LAW JUDGE, AT
THE DIRECTOR'S DISCRETION. THE DIRECTOR HAS THE AUTHORITY TO
EXERCISE ALL POWERS AND DUTIES CONFERRED BY THIS ARTICLE 228
DURING THE DISCIPLINARY PROCEEDINGS.
(6) THE DIRECTOR MAY:
(a) ISSUE A LETTER OF ADMONITION UNDER THE CIRCUMSTANCES
SPECIFIED IN AND IN ACCORDANCE WITH SECTION 12-20-404 (4);
(b) SEND A LICENSEE A CONFIDENTIAL LETTER OF CONCERN
UNDER THE CIRCUMSTANCES SPECIFIED IN SECTION 12-20-404 (5).
(7) THE DIRECTOR MAY ISSUE CEASE-AND-DESIST ORDERS UNDER
THE CIRCUMSTANCES AND IN ACCORDANCE WITH THE PROCEDURES
SPECIFIED IN SECTION 12-20-405.
(8) A FINAL ACTION OF THE DIRECTOR IS SUBJECT TO JUDICIAL
REVIEW IN ACCORDANCE WITH SECTION 12-20-408.
12-228-110. Mental and physical examination of licensees.
(1) IF THE DIRECTOR HAS REASONABLE CAUSE TO BELIEVE THAT A
LICENSEE IS UNABLE TO PRACTICE WITH REASONABLE SKILL AND SAFETY,
THE DIRECTOR MAY ORDER THE LICENSEE TO TAKE A MENTAL OR
PHYSICAL EXAMINATION ADMINISTERED BY A HEALTH CARE PROVIDER
DESIGNATED BY THE DIRECTOR. EXCEPT WHERE DUE TO CIRCUMSTANCES
BEYOND THE LICENSEE'S CONTROL, IF THE LICENSEE FAILS OR REFUSES TO
UNDERGO A MENTAL OR PHYSICAL EXAMINATION, THE DIRECTOR MAY
SUSPEND THE GENETIC COUNSELOR'S LICENSE UNTIL THE DIRECTOR HAS
MADE A DETERMINATION OF THE LICENSEE'S FITNESS TO PRACTICE. THE
DIRECTOR SHALL PROCEED WITH AN ORDER FOR EXAMINATION AND SHALL
MAKE A DETERMINATION IN A TIMELY MANNER.
(2) IN AN ORDER REQUIRING A LICENSEE TO UNDERGO A MENTAL
OR PHYSICAL EXAMINATION, THE DIRECTOR SHALL STATE THE BASIS OF
THE DIRECTOR'S REASONABLE CAUSE TO BELIEVE THAT THE LICENSEE IS
UNABLE TO PRACTICE WITH REASONABLE SKILL AND SAFETY. FOR
PURPOSES OF A DISCIPLINARY PROCEEDING AUTHORIZED PURSUANT TO
THIS ARTICLE 228, THE LICENSEE IS DEEMED TO HAVE WAIVED ALL
OBJECTIONS TO THE ADMISSIBILITY OF THE EXAMINING HEALTH CARE
PROVIDER'S TESTIMONY OR EXAMINATION REPORTS ON THE GROUNDS
THAT THEY ARE PRIVILEGED COMMUNICATIONS.
(3) THE LICENSEE MAY SUBMIT TO THE DIRECTOR TESTIMONY OR
EXAMINATION REPORTS FROM A HEALTH CARE PROFESSIONAL CHOSEN BY
THE LICENSEE AND PERTAINING TO ANY CONDITION THAT THE DIRECTOR
HAS ALLEGED MAY PRECLUDE THE LICENSEE FROM PRACTICING WITH
REASONABLE SKILL AND SAFETY. THE DIRECTOR MAY CONSIDER THE
TESTIMONY AND REPORTS SUBMITTED BY THE LICENSEE IN CONJUNCTION
WITH, BUT NOT IN LIEU OF, TESTIMONY AND EXAMINATION REPORTS OF
THE HEALTH CARE PROVIDER DESIGNATED BY THE DIRECTOR.
(4) THE RESULTS OF A MENTAL OR PHYSICAL EXAMINATION
ORDERED BY THE DIRECTOR SHALL NOT BE USED AS EVIDENCE IN ANY
PROCEEDING OTHER THAN ONE BEFORE THE DIRECTOR, ARE NOT A PUBLIC
RECORD, AND SHALL NOT BE MADE AVAILABLE TO THE PUBLIC.
12-228-111. Confidential agreement to limit practice.
(1) EXCEPT AS SPECIFIED IN SUBSECTION (2) OF THIS SECTION, SECTION
12-30-108 CONCERNING CONFIDENTIAL AGREEMENTS TO LIMIT PRACTICE
APPLIES TO THIS ARTICLE 228.
(2) THIS SECTION AND SECTION 12-30-108 DO NOT APPLY TO A
LICENSEE SUBJECT TO DISCIPLINE FOR PROHIBITED ACTIVITIES AS
DESCRIBED IN SECTION 12-228-109 (2)(c).
12-228-112. Professional liability insurance required - rules.
(1) A PERSON SHALL NOT PRACTICE GENETIC COUNSELING UNLESS THE
PERSON PURCHASES AND MAINTAINS, OR IS COVERED BY, PROFESSIONAL
LIABILITY INSURANCE IN AN AMOUNT DETERMINED BY THE DIRECTOR BY
RULE THAT COVERS ALL ACTS WITHIN THE SCOPE OF PRACTICE OF THE
GENETIC COUNSELOR.
(2) THIS SECTION DOES NOT APPLY TO A GENETIC COUNSELOR WHO
IS A PUBLIC EMPLOYEE ACTING WITHIN THE COURSE AND SCOPE OF THE
PUBLIC EMPLOYEE'S DUTIES AND WHO IS GRANTED IMMUNITY PURSUANT
TO THE "COLORADO GOVERNMENTAL IMMUNITY ACT", ARTICLE 10 OF
TITLE 24.
12-228-113. Unauthorized practice. A PERSON WHO PRACTICES
OR OFFERS OR ATTEMPTS TO PRACTICE GENETIC COUNSELING WITHOUT AN
ACTIVE LICENSE ISSUED PURSUANT TO THIS ARTICLE 228 IS SUBJECT TO
PENALTIES PURSUANT TO SECTION 12-20-407 (1)(b).
12-228-114. Rule-making authority. THE DIRECTOR SHALL
PROMULGATE RULES PURSUANT TO SECTION 12-20-204.
12-228-115. Repeal of article - review of functions. THIS
ARTICLE 228 IS REPEALED, EFFECTIVE SEPTEMBER 1, 2026. BEFORE THE
REPEAL, THE DIRECTOR'S POWERS, DUTIES, AND FUNCTIONS PURSUANT TO
THIS ARTICLE 228 ARE SCHEDULED FOR REVIEW IN ACCORDANCE WITH
SECTION 24-34-104.
SECTION 6. In Colorado Revised Statutes, 12-20-404, add as
relocated by House Bill 19-1172 (1)(c)(II)(D.5) as follows:
12-20-404. Disciplinary actions - regulator powers -
disposition of fines. (1) General disciplinary authority. If a regulator
determines that an applicant, licensee, certificate holder, or registrant has
committed an act or engaged in conduct that constitutes grounds for
discipline or unprofessional conduct under a part or article of this title 12
governing the particular profession or occupation, the regulator may:
(c) (II) A regulator is not authorized under this subsection (1)(c)
to impose a fine on a licensee, certificate holder, or registrant regulated
under the following:
(D.5) ARTICLE 228 OF THIS TITLE 12 CONCERNING GENETIC
COUNSELORS;
SECTION 7. In Colorado Revised Statutes, 12-20-407, add as
relocated by House Bill 19-1172 (1)(b)(II.5) as follows:
12-20-407. Unauthorized practice of profession or occupation
- penalties - exclusions. (1) (b) A person commits a class 2
misdemeanor and shall be punished as provided in section 18-1.3-501 for
the first offense and, for the second or any subsequent offense, commits
a class 1 misdemeanor and shall be punished as provided in section
18-1.3-501, if the person engages in any of the following activities:
(II.5) PRACTICES OR OFFERS OR ATTEMPTS TO PRACTICE GENETIC
COUNSELING WITHOUT AN ACTIVE LICENSE ISSUED PURSUANT TO ARTICLE
228 OF THIS TITLE 12;
SECTION 8. In Colorado Revised Statutes, 12-30-102, amend
as relocated by House Bill 19-1172 (3)(a)(XXVIII) and (3)(a)(XXIX);
and add as relocated by House Bill 19-1172 (3)(a)(XXX) as follows:
12-30-102. Medical transparency act of 2010 - disclosure of
information about health care licensees - fines - rules - short title -
legislative declaration - repeal. (3) (a) As used in this section,
"applicant" means a person applying for a new, active license,
certification, or registration or to renew, reinstate, or reactivate an active
license, certification, or registration to practice:
(XXVIII) As a surgical assistant or surgical technologist pursuant
to article 310 of this title 12; and
(XXIX) Naturopathic medicine pursuant to article 250 of this title
12; AND
(XXX) GENETIC COUNSELING PURSUANT TO ARTICLE 228 OF THIS
TITLE 12.
SECTION 9. In Colorado Revised Statutes, 12-245-217, amend
as relocated by House Bill 19-1172 (2) introductory portion and (2)(f);
and add as relocated by House Bill 19-1172 (2)(g) as follows:
12-245-217. Scope of article - exemptions. (2) The provisions
of This article 245 shall DOES not apply to:
(f) A professional coach, including a life coach, executive coach,
personal coach, or business coach, who has had coach-specific training
and who serves clients exclusively as a coach, as long as the professional
coach does not engage in the practice of psychology, social work,
marriage and family therapy, licensed professional counseling,
psychotherapy, or addiction counseling, as those practices are defined in
this article 245; OR
(b) A GENETIC COUNSELOR WHO IS LICENSED PURSUANT TO
ARTICLE 228 OF THIS TITLE 12.
SECTION 10. Act subject to petition - effective date.
(1) Except as otherwise provided in subsection (2) of this section, this
act takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly
(August 2, 2019, if adjournment sine die is on May 3, 2019); except that,
if a referendum petition is filed pursuant to section 1 (3) of article V of
the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
November 2020 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.
(2) Sections 5 through 9 of this act take effect only if House Bill
19-1172 becomes law, in which case sections 5 through 9 take effect
October 1, 2019.".
Renumber succeeding subsection accordingly.
Health &
Human
Services
Senate Journal, March 22
After consideration on the merits, the Committee recommends that SB19-133 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend the Senate Health and Human Services Committee Report, dated
February 21, 2019, page 11, after line 15 insert:
"SECTION 10. Appropriation. (1) For the 2019-20 state fiscal
year, $33,622 is appropriated to the department of regulatory agencies.
This appropriation is from the division of professions and occupations
cash fund created in section 24-34-105 (2)(b)(I), C.R.S. To implement
this act, the department may use this appropriation as follows:
(a) $13,374 for use by the division of professions and occupations
for personal services, which amount is based on an assumption that the
division will require an additional 0.2 FTE;
(b) $4,703 for use by the division of professions and occupations
for operating expenses; and
(c) $15,545 for use by the executive director’s office and
administrative services for the purchase of legal services.
(2) For the 2019-20 state fiscal year, $15,545 is appropriated to
the department of law. This appropriation is from reappropriated funds
received from the department of regulatory agencies under subsection
(1)(c) of this section and is based on an assumption that the department
of law will require an additional 0.1 FTE. To implement this act, the
department of law may use this appropriation to provide legal services
for the department of regulatory agencies.".
Renumber succeeding section accordingly.
Amend printed bill, page 1, line 101, strike "COUNSELORS." and
substitute "COUNSELORS, AND, IN CONNECTION THEREWITH, MAKING
AN APPROPRIATION.".
Appro-
priations