Wis. Admin. Code Gen Couns — Genetic Counselors Affiliated Credentialing Board

Chapter Gen Couns 1 AUTHORITY, ADOPTION OF STANDARDS, AND DEFINITIONS

Wis. Admin. Code § Gen Couns 1.01 Authority {#sec-gen-couns-1.01 omnilex-key=us-wi-regs-official--agency-gen-couns--Gen Couns 1.01}

The rules in chs. Gen Couns 1 to 4 are adopted by the board pursuant to the authority delegated by ss. 15.085 (5) (b), 448.9703, and 448.9705 (1), Stats.

History

• EmR2313: emerg. cr., eff. 9-15-23; CR 23-061: cr. Register May 2024 No. 821, eff. 6-1-24; corrections made under ss. 13.92 (4) (b) 12. and 35.17, Stats., Register May 2024 No. 821; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2024 No. 822.

Wis. Admin. Code § Gen Couns 1.02 Adoption of standards {#sec-gen-couns-1.02 omnilex-key=us-wi-regs-official--agency-gen-couns--Gen Couns 1.02}

(1) The National Society of Genetic Counselors code of ethics, issued in April 2017, is incorporated by reference into chs. Gen Couns 1 to 4.

Note: Copies of the above standards are on file in the office of the department and the legislative reference bureau. A copy of the National Society of Genetic Counselors code of ethics can be retrieved from: https://nsgc.org.

(2) Pursuant to s. 448.9707 (2) (h), Stats., failure to comply with the National Society of Genetic Counselors code of ethics may result in discipline by the board.

History

• EmR2313: emerg. cr., eff. 9-15-23; CR 23-061: cr. Register May 2024 No. 821, eff. 6-1-24.

Wis. Admin. Code § Gen Couns 1.03 Definitions {#sec-gen-couns-1.03 omnilex-key=us-wi-regs-official--agency-gen-couns--Gen Couns 1.03}

As used in chs. Gen Couns 1 to 4:

(1) “Board” means the genetic counselors affiliated credentialing board.

(2) “Consulting services” means services provided to a patient on a temporary basis by an unlicensed person or person who is licensed in another state or country in consultation with a Wisconsin licensed genetic counselor or physician.

(3) “Department” means the department of safety and professional services.

(4) “Genetic counseling” has the meaning given in s. 448.970 (3), Stats.

(5) “Genetic counselor” means an individual who is licensed by the board to practice genetic counseling.

(6) “Temporary basis” means 3 months from the date notification is submitted to the board. After those 3 months, regular licensure is required.

Note: The definition above does not apply to those individuals who hold a temporary license under s. 448.9705, Stats.

History

• EmR2313: emerg. cr., eff. 9-15-23; CR 23-061: cr. Register May 2024 No. 821, eff. 6-1-24; correction in (intro.), (6) made under s. 35.17, Stats., Register May 2024 No. 821.

Chapter Gen Couns 2 LICENSE TO PRACTICE GENETIC COUNSELING

Wis. Admin. Code § Gen Couns 2.01 Initial licensure {#sec-gen-couns-2.01 omnilex-key=us-wi-regs-official--agency-gen-couns--Gen Couns 2.01}

(1) Except as provided in sub. (2), the board shall grant a license as a genetic counselor to an applicant who does all of the following:

(a) Submits a completed application form.

Note: Instructions for applications are available from the department of safety and professional services’ website at http://dsps.wi.gov.

(b) Pays the fee determined by the department under s. 440.05 (1), Stats.

(c) Subject to ss. 111.321, 111.322, and 111.335, Stats., submits evidence satisfactory to the board that the applicant does not have an arrest or conviction record.

(d) Submits evidence satisfactory to the board of one of the following:

1. Successful completion of the academic and clinical requirements of and developed the practice-based competencies required by a degree-granting program in genetic counseling that is accredited by the Accreditation Council for Genetic Counseling or the American Board of Medical Genetics and Genomics.

2. Successful completion of a degree-granting program outside of the United States that the board determines is substantially equivalent to a program described in subd. 1.

(e) Submits evidence satisfactory to the board of having successfully passed an examination administered by the American Board of Genetic Counseling or the genetic counseling examination administered by the American Board of Medical Genetics and Genomics.

(f) Submits evidence of current certification with the American Board of Genetic Counseling.

(2) The board may waive the requirements of subs. (1) (d), (e), and (f) if the applicant holds an unexpired genetic counselor license issued by another state, territory, foreign country, or province and the requirements for licensure and for renewal of a genetic counselor license of the other state, territory, foreign country, or province are deemed by the board to be substantially equivalent to the requirements for licensure and for renewal of a genetic counselor of this state.

History

• EmR2313: emerg. cr., eff. 9-15-23; CR 23-061: cr. Register May 2024 No. 821, eff. 6-1-24; correction in (title), (1) (d) 2. made under s. 35.17, Stats., Register May 2024 No. 821.

Wis. Admin. Code § Gen Couns 2.02 Temporary licensure {#sec-gen-couns-2.02 omnilex-key=us-wi-regs-official--agency-gen-couns--Gen Couns 2.02}

(1) The board may issue a temporary license to an applicant who has completed all of the following:

(a) Submits a completed application for licensure and a completed application for a temporary license.

Note: Instructions for applications are available from the department of safety and professional services’ website at http://dsps.wi.gov.

(b) Pays the fee determined by the department under s. 440.05 (1), Stats.

(c) Submits evidence of completion of the education requirements from s. Gen Couns 2.01 (1) (d).

(d) Submits evidence of current active candidate status with the American Board of Genetic Counseling.

(e) Subject to ss. 111.321, 111.322, and 111.335, Stats., submits evidence satisfactory to the board that the applicant does not have an arrest or conviction record.

(2) A person granted a temporary license to practice genetic counseling under this section shall practice at all times under the supervision and direction of a licensed genetic counselor or physician.

(3) Except as provided in sub. (4), a temporary license issued under this section expires upon granting of a license under s. 448.9704 (1), Stats. or on whichever of the following dates occurs first:

(a) The date that is one year after the date on which the temporary license was granted.

(b) The date that is 30 days after the American Board of Genetic Counseling issues the results of the examination under s. 448.9704 (1) (d) 2., Stats.

(4) The board may grant a one time renewal of a temporary license, for a period specified by the board, if the person maintains active candidate status with the American Board of Genetic Counseling.

(5) The board may require an applicant for the renewal of a temporary license to appear before a member of the board for an interview.

History

• EmR2313: emerg. cr., eff. 9-15-23; CR 23-061: cr. Register May 2024 No. 821, eff. 6-1-24; correction in (1) (c) made under ss. 13.92 (4) (b) 7. and 35.17, Stats., Register May 2024 No. 821.

Wis. Admin. Code § Gen Couns 2.03 Reciprocal credentials for service members, former service members, and their spouses {#sec-gen-couns-2.03 omnilex-key=us-wi-regs-official--agency-gen-couns--Gen Couns 2.03}

A reciprocal license to practice as a genetic counselor shall be granted to a service member, former service member, or the spouse of a service member or former service member who the board determines meets all of the requirements under s. 440.09 (2), Stats. Subject to s. 440.09 (2m), Stats., the board may request verification necessary to make a determination under this section.

History

• EmR2313: emerg. cr., eff. 9-15-23; CR 23-061: cr. Register May 2024 No. 821, eff. 6-1-24.

Wis. Admin. Code § Gen Couns 2.04 Title protection {#sec-gen-couns-2.04 omnilex-key=us-wi-regs-official--agency-gen-couns--Gen Couns 2.04}

No person may designate themselves as a genetic counselor or use or assume the title “genetic associate,” “genetic counselor,” “licensed genetic counselor,” or “registered genetic counselor,” or append to the person’s name the letters “G.A.,” “G.C.,” “L.G.C.,” or “R.G.C.,” or use any insignia or designation that would imply that the individual is licensed or certified or registered as a genetic counselor, or claim to render genetic counseling services unless the person is licensed by the board.

History

• EmR2313: emerg. cr., eff. 9-15-23; CR 23-061: cr. Register May 2024 No. 821, eff. 6-1-24.

Wis. Admin. Code § Gen Couns 2.05 Exceptions {#sec-gen-couns-2.05 omnilex-key=us-wi-regs-official--agency-gen-couns--Gen Couns 2.05}

A license to practice genetic counseling is not required for any of the following if the person does not claim to be a genetic counselor:

(1) Any person who is lawfully practicing within the scope of a license, permit, registration, or certification granted by this state or the federal government.

(2) Any person assisting a genetic counselor in practice under the direct, on-premises supervision of the genetic counselor.

(3) A student of genetic counseling assisting a genetic counselor in the practice of genetic counseling if the assistance is within the scope of the student’s education and training.

(4) Pursuant to s. 448.9701 (2) (d), Stats., a person who is licensed to practice genetic counseling in another state or country and who is providing consulting services in this state on a temporary basis. The person must notify the board that they will be providing consulting services and the nature and date of those services. The person must receive authorization from the board to provide consulting services on a temporary basis prior to the beginning of the time period they are providing those consulting services.

(5) Pursuant to s. 448.9701 (2) (e), Stats., a person who is not licensed to practice genetic counseling in another state or country and who is providing consulting services in this state on a temporary basis, if the person satisfies all of the following:

(a) Holds a current certification by the American Board of Genetic Counseling or the American Board of Medical Genetics and Genomics.

(b) Submits notification to the board that they will be providing consulting services and the nature and date of those services.

(c) Receives authorization from the board to provide consulting services on a temporary basis prior to the beginning of the time period they are providing those consulting services.

History

• EmR2313: emerg. cr., eff. 9-15-23; CR 23-061: cr. Register May 2024 No. 821, eff. 6-1-24.

Chapter Gen Couns 3 LICENSE RENEWAL AND REINSTATEMENT

Wis. Admin. Code § Gen Couns 3.01 License renewal and continuing education {#sec-gen-couns-3.01 omnilex-key=us-wi-regs-official--agency-gen-couns--Gen Couns 3.01}

(1) A licensee shall complete a renewal application approved by the board and return it with the required fee prior to the date specified by ss. 440.03 (9) (a) and 440.08 (2) (a), Stats.

Note: Instructions for renewal applications can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

(2) Except as provided under sub. (4) and specified by s. 440.08 (2) (a), Stats., a licensee shall attest to the completion of the following:

(a) At least 30 hours of continuing education approved by the National Society of Genetic Counselors.

(b) Current certification with the American Board of Genetic Counseling.

(3) Subsection (2) (a) does not apply to the first scheduled renewal date under s. 440.08 (2) (a) 37m., Stats., following the date a license is issued.

(4) A licensee shall retain certificates of continuing education attendance for a minimum of 4 years to be provided to the board upon request.

History

• EmR2313: emerg. cr., eff. 9-15-23; CR 23-061: cr. Register May 2024 No. 821, eff. 6-1-24; correction in (4) made under s. 35.17, Stats., Register May 2024 No. 821.

Wis. Admin. Code § Gen Couns 3.02 Reinstatement {#sec-gen-couns-3.02 omnilex-key=us-wi-regs-official--agency-gen-couns--Gen Couns 3.02}

(1) A licensee who fails for any reason to be licensed as required under this chapter may not exercise the rights or privileges conferred by any license granted by the board.

(2) Failure to renew a license as specified in s. Gen Couns 3.01 shall cause the license to lapse. A licensee who allows the license to lapse may apply for reinstatement of the license by the board, subject to s. 440.08 (4), Stats., as follows:

(a) If the licensee applies for renewal of the license less than five years after its expiration, the license shall be renewed upon payment of the renewal fee.

(b) If the licensee applies for renewal of the license five or more years after its expiration, the board shall make an inquiry to determine whether the applicant is competent to practice under the license in this state and shall impose any reasonable conditions on the renewal of the license.

(3) A licensee who has unmet disciplinary requirements and failed to renew a license within five years of the renewal date or whose license has been surrendered or revoked may apply to have a license reinstated if the applicant provides all of the following:

(a) Evidence of completion of any requirements determined by the board under sub. (2) (b) if the licensee has not held an active Wisconsin license in the last five years.

(b) Evidence of completion of disciplinary requirements, if applicable.

(c) Evidence of rehabilitation or a change in circumstances, warranting reinstatement of the license.

History

• EmR2313: emerg. cr., eff. 9-15-23; CR 23-061: cr. Register May 2024 No. 821, eff. 6-1-24.

Chapter Gen Couns 4 PRACTICE AND SUPERVISION

Wis. Admin. Code § Gen Couns 4.01 Scope of practice {#sec-gen-couns-4.01 omnilex-key=us-wi-regs-official--agency-gen-couns--Gen Couns 4.01}

“Genetic counseling,” as defined in s. 448.970 (3), Stats., means to do any of the following:

(1) Obtain and evaluate individual, family, and medical histories to determine genetic risk for genetic or medical conditions and diseases in a patient, a patient’s offspring, and other family members.

(2) Discuss the features, natural history, means of diagnosis, genetic and environmental factors, and management of risk for genetic or medical conditions and diseases.

(3) Identify, coordinate, and order genetic laboratory tests as appropriate for genetic assessment.

(4) Integrate genetic laboratory test results with personal and family medical history to assess and communicate risk factors for genetic or medical conditions and diseases.

(5) Explain the clinical implications of genetic laboratory tests and other diagnostic studies and their results.

(6) Evaluate a patient’s or family’s response to the condition or risk of recurrence and provide patient-centered counseling and anticipatory guidance.

(7) Provide written documentation of medical, genetic, and counseling information for families and healthcare professionals.

History

• EmR2313: emerg. cr., eff. 9-15-23; CR 23-061: cr. Register May 2024 No. 821, eff. 6-1-24.

Wis. Admin. Code § Gen Couns 4.02 Standards of practice {#sec-gen-couns-4.02 omnilex-key=us-wi-regs-official--agency-gen-couns--Gen Couns 4.02}

Genetic counselors shall adhere to the minimum standards of practice of genetic counseling established in the profession, including the following areas:

(1) Referrals. Referrals are not required but may be accepted from licensed healthcare professionals. Patients may also self-refer for genetic counseling services.

(2) Informed consent.

(a) Any genetic counselor who provides services to a patient shall inform the patient about the availability of reasonable alternatives and about the benefits and risks of these options. The genetic counselor shall obtain consent to perform any services prior to providing them. The reasonable genetic counselor standard is the standard for informing a patient under this section. The reasonable genetic counselor standard requires disclosure only of information that a reasonable genetic counselor would know and disclose under the circumstances.

(b) The genetic counselor’s duty to inform the patient under par. (a) does not require disclosure of any of the following:

1. Detailed technical information that the patient likely would not understand.

2. Risks apparent or known to the patient.

3. Extremely remote possibilities that might falsely or detrimentally alarm the patient.

4. Information in emergencies where failure to provide certain information would be more harmful to the patient than giving the information.

5. Information in cases where the patient is incapable of consenting.

6. Information about reasonable alternatives for any condition the genetic counselor has not included in the genetic counselor’s diagnosis at the time the genetic counselor informs the patient of the diagnosis.

(c) A genetic counselor’s patient record shall include documentation that reasonable alternatives have been communicated to the patient and informed consent has been obtained from the patient as required under par. (a).

(3) Recordkeeping.

(a) When patient healthcare records are not maintained by a separate entity, a genetic counselor shall ensure patient healthcare records are maintained on every patient for a period of not less than 10 years after the date of the last entry, or for a longer period as may be otherwise required by law.

(b) A patient healthcare record shall contain all of the following clinical health care information that applies to the patient’s medical condition:

1. Pertinent patient history.

2. Pertinent objective findings related to examination and test results.

3. Assessment or diagnosis.

4. Recommendations for the patient.

(c) Each patient healthcare record entry shall be dated, shall identify the genetic counselor, and shall be sufficiently legible to allow interpretation by other healthcare practitioners.

History

• EmR2313: emerg. cr., eff. 9-15-23; CR 23-061: cr. Register May 2024 No. 821, eff. 6-1-24.

Wis. Admin. Code § Gen Couns 4.03 Supervision {#sec-gen-couns-4.03 omnilex-key=us-wi-regs-official--agency-gen-couns--Gen Couns 4.03}

(1) Temporary licensees. A person with a temporary license authorized in s. Gen Couns 2.02 shall practice under the supervision of a licensed genetic counselor or physician. The supervising licensed genetic counselor or physician shall be available to the temporary licensee either in-person or via electronic contact methods at all times while performing genetic counseling services. Electronic contact methods may include audio, video, or data only communication methods that are not necessarily conducted in real-time.

(2) Unlicensed assistants. An unlicensed person assisting in the practice of a licensed genetic counselor shall perform such assistance under the supervision of that licensed genetic counselor. The supervising licensed genetic counselor or physician shall be available to the unlicensed assistant at all times while assisting in the practice of genetic counseling. Supervisory duties for unlicensed assistants may not be delegated to other staff unless they are also licensed as a genetic counselor or a physician.

(3) Genetic counseling students. A genetic counseling student assisting in the practice of a licensed genetic counselor may perform such assistance under the supervision of a licensed genetic counselor or physician as long as that practice is within the scope that student’s genetic counseling education and training. The supervising licensed genetic counselor or physician shall be available to the genetic counseling student either in-person or via immediate virtual supervision methods. Immediate virtual supervision methods include any audio, video, or data communication method conducted in real-time. Genetic counseling students shall be supervised at all times while present in the facility they are practicing in.

History

• EmR2313: emerg. cr., eff. 9-15-23; CR 23-061: cr. Register May 2024 No. 821, eff. 6-1-24.

Wis. Admin. Code § Gen Couns 4.04 Unprofessional conduct {#sec-gen-couns-4.04 omnilex-key=us-wi-regs-official--agency-gen-couns--Gen Couns 4.04}

Acts of unprofessional conduct are subject to discipline under s. 448.9707. “Unprofessional conduct” includes the following, or aiding or abetting the same:

(1) Violating or attempting to violate subch. VIII of ch. 448, Stats., or any provision of a rule or order of the board.

(2) Knowingly making or presenting or causing to be made or presented any false, fraudulent, or forged statement, writing, certificate, diploma, or other item in connection with any application for licensure.

(3) Practicing fraud, forgery, deception, collusion, or conspiracy in connection with any examination for licensure.

(4) Engaging in false, fraudulent, deceptive, or misleading billing practices.

(5) Giving, selling, buying, bartering, or attempting to give, sell, buy, or barter any license.

(6) Engaging or attempting to engage in practice under any license under any given name or surname other than that under which originally licensed to practice in this or any other state. This subsection does not apply to change of name resulting from marriage, divorce, or order by a court of record.

(7) Any practice or conduct which may constitute a danger to the health, welfare, or safety of a patient or the public.

(8) Practicing or attempting to practice under any license when unable to do so with reasonable skill and safety to patients.

(9) Practicing or attempting to practice under any license beyond the scope of that license.

(10) Offering, undertaking, or agreeing to treat or cure a disease or condition by a secret means, method, device, or instrumentality or refusing to divulge to the board upon demand the means, method, device, or instrumentality used in the treatment of a disease or condition.

(11) Representing that a manifestly incurable disease or condition may be or will be permanently cured.

(12) Representing that a curable disease or condition can be cured within a stated time, if this is not the case.

(13) Knowingly making any false statement, written or oral, in practicing under any license, with fraudulent intent.

(14) Obtaining or attempting to obtain any professional fee or compensation by any form of fraud or deceit.

(15) Willfully divulging a privileged communication or confidence entrusted by a patient or deficiencies in the character of the patient observed in the course of professional attendance, unless lawfully required to do so.

(16) Engaging in uninvited, in-person solicitation of actual or potential patients who, because of their particular circumstances, are vulnerable to undue influence.

(17) Engaging in false, misleading, or deceptive advertising.

(18) Having a license or other credential granted by another state or any agency of the federal government which becomes limited, restricted, suspended, or revoked, or having been subject to other adverse action by a state licensing authority or any agency of the federal government including the denial or limitation of an original credential, or the surrender of a credential, whether or not accompanied by findings of negligence or unprofessional conduct.

(19) Conviction of any crime the circumstances of which substantially relate to the practice of genetic counseling. A certified copy of judgement of a court record showing such conviction, within this state or without, shall be presumptive evidence.

(20) Unlicensed practice of genetic counseling.

(21) Violating any law or administrative rule or regulation, the circumstances of which substantially relate to the practice of genetic counseling.

(22) Failing to report to the board or to institutional supervisory personnel any violation of the rules of this chapter by a licensee.

(23) Engaging in inappropriate sexual contact, exposure, gratification, or other sexual behavior with or in the presence of a patient. For purposes of this subsection, an adult receiving genetic counseling services shall continue to be a patient for 2 years after the termination of professional services. If the person receiving genetic counseling services is a minor, the person shall continue to be a patient for the purposes for this subsection for 2 years after the termination of services, or for 2 years after the client reaches 18 years of age, whichever is longer.

(24) Discriminating on the basis of age, race, color, biological sex, gender, gender identity, religion, creed, national origin, ancestry, ethnicity, disability, or sexual orientation by means of service provided or denied.

History

• EmR2313: emerg. cr., eff. 9-15-23; CR 23-061: cr. Register May 2024 No. 821, eff. 6-1-24; correction in (17), 24 made under s. 35.17, Stats., Register May 2024 No. 821.