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F I S C A L I M P A C T R E P O R T

SPONSOR Lopez

ORIGINAL DATE

LAST UPDATED

01/30/08

02/04/08 HB

SHORT TITLE

Genetic Counselor Licensing Requirements

SB 415/aSPAC

ANALYST Hanika-Ortiz

REVENUE (dollars in thousands)

Estimated Revenue

Recurring

or Non-Rec

Fund

Affected

FY08

FY09

FY10

$6.0

Recurring

NM Medical

Board Fund

(existing)

(Parenthesis ( ) Indicate Revenue Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

New Mexico Medical Board (NMMB)

Health Policy Commission (HPC)

SUMMARY

Synopsis of SPAC Amendment

The Senate Public Affairs Committee Amendment provides that:

.

all references to “creating a fund “ be deleted;

.

the genetic counseling act will not apply to an Osteopathic Physician licensed by the

Board of Osteopathic Medical Examiners;

.

a temporary license shall be limited to two consecutive times within the five year

period immediately following the issuance of the first temporary license;

.

deletes reference to disciplinary proceedings pursuant to the Uniform Licensing Act;

.

amends Section 61-7-3 NMSA 1978 and includes the practice of genetic counseling

within the Medical Malpractice Act; and,

.

amends Section 61-6-31 NMSA 1978 to allow funds collected under the new act to

be credited to the NM Medical Board Fund, to fund the duties and powers imposed

by the new genetic counseling act.

SIGNIFICANT ISSUES

The amendments were recommended by the New Mexico Medical Board.

Senate Bill 415/aSPAC – Page

2

Synopsis of Original Bill

Senate Bill 415 amends the Medical Practice Act to include licensing requirements for Genetic

Counselors; provides definitions for genetic counseling, license requirements, exemptions,

biennial license renewal, and temporary license; and, further amends the Medical Practice Act to

add the Genetic Counseling Act under Section 61-6-5 Duties and Powers.

FISCAL IMPLICATIONS

Based on assessing the maximum license fee for an estimated 15 licensees, the genetic

counseling fund will receive revenue in the amount of $6 thousand in FY10.

This bill creates a new fund and provides for continuing appropriations. The LFC has concerns

with including continuing appropriation language in the statutory provisions for newly created

funds, as earmarking reduces the ability of the legislature to establish spending priorities.

Due to the small numbers of licensees, the Medical Board has agreed to add the Genetic

Counseling Act to the existing NM medical board fund; thereby, eliminating the need for a

second fund.

SIGNIFICANT ISSUES

Senate Bill 415 will require persons engaged in the practice of genetic counseling to be licensed

by the New Mexico Medical Board. The use of the title “genetic counselor", “gene counselor" or

“genetic consultant" without licensure will be prohibited.

Genetic counselors specially trained in the scientific and psychosocial aspects of genetic testing

can help families and their health care providers throughout the testing process. As of November

2007, six states have enacted legislation to require a license to practice genetic counseling.

The HPC notes that the American Board of Genetic Counseling (ABGC) certification ensures

genetic counselors must pass a comprehensive general genetics exam; and, is the same one taken

by physicians and other clinical genetics professionals. Both exams are administered by the

National Board of Medical Examiners.

PERFORMANCE IMPLICATIONS

The purpose of the Genetic Counseling Act is to protect the public from any unprofessional,

improper, or incompetent conduct.

ADMINISTRATIVE IMPLICATIONS

Administrative impact would be minimal due to the small number of licensees.

TECHNICAL ISSUES

The NM Medical Board has noted one area of concern with respect to the doctoral degrees

accepted by the American Board of Medical Genetics (ABMS), and required by the Genetic

Counseling Act: MD, DO, and PhD. The MD and PhD degrees pose no problem for the Medical

Board. The DO degree, however, cannot be accepted by the Medical Board because the DO's--

Senate Bill 415/aSPAC – Page

3

and the Osteopathic Physician Assistants--are licensed by the Board of Osteopathic Examiners.

Therefore, a Genetic Counselor who is a DO would have to be licensed as a Genetic Counselor

by the Board of Osteopathic Examiners.

OTHER SUBSTANTIVE ISSUES

The HPC has provided the following background:

The mapping of the human genome continues to result in the rapid expansion of genetic

knowledge and a proliferation of testing for genetic conditions. This has created a need for

qualified professional genetic counselors to coordinate assessments, to deliver accurate

information to families, to assist families in adjusting to the implications of their diagnoses and

to help ensure that genetic information is used appropriately in the delivery of medical care.

The results of a genetic test to analyze an individual's genes, gene products or chromosomes—

structures composed of DNA that lie inside a cell's nucleus—have complex implications for the

individual tested and his or her blood relatives. Patients and medical professionals who

lack skills in genetics may have difficulty understanding or correctly interpreting genetic test

results. Genetic counselors specially trained in the scientific and psychosocial aspects of genetic

testing can help families and their health care providers throughout the testing process.

Recognizing that genetic counselors play a key role in the delivery of this technology to

consumers, a number of states have considered or enacted legislation to require the licensure of

genetic counselors and regulate the profession.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Genetic Counselors will continue to be certified and not licensed professionals.

AMENDMENTS

The NM Medical Board makes the following recommendations.

Page 8, Line 17, Delete Section 10, Disciplinary Proceedings, of the Genetic Counselor Act to

avoid redundant language and amend the Medical Practice Act, Section 61-6-15 to add Genetic

Counselors.

Page 11, Line 9, Delete Section 11 to eliminate a second fund being created and amend the

Medical Practice Act, Section 61-6-31, Paragraph B, to add the Genetic Counseling Act to the

existing NM medical board fund.

AHO/bb