Alabama Administrative Code
Title 405 - ALABAMA BOARD OF GENETIC COUNSELING
Chapter 405-X-2 - DISCIPLINARY ACTION
Section 405-X-2-.02 - Grounds For Discipline Of A Licensee Or Denial Of Renewal Or Reinstatement
Universal Citation: AL Admin Code R 405-X-2-.02
Current through Register Vol. 43, No. 02, November 27, 2024
(1) The Board may reprimand, fine, probate, suspend, revoke or otherwise discipline any genetic counselor upon proof that the person:
(a) Is guilty of fraud or deceit
in procuring or attempting to procure a license by:
1. Filing false, forged or altered documents
or credentials, including required continuing education
documentation.
2. Misrepresenting
or falsifying facts in applying for original licensure, renewal, reactivation,
or reinstatement of license.
3.
Having another person appear for a licensing or certification
examination.
(b) Has been
convicted of a felony offense.
(c)
Has been convicted of, or has entered a plea of no contest, nolo contendere,
nolo contendre, or has entered a plea of guilt, regardless of court disposition
(including adjudication withheld), to a charged criminal act involving moral
turpitude or of gross immorality that would tend to bring reproach upon the
genetic counseling profession. Such criminal acts include, but are not limited
to, offenses involving drugs, theft, lewdness, sexual misconduct, abuse,
violence, fraud, or any other conduct deemed detrimental to the public's
health, safety or welfare.
(d) Is
impaired due to the use of alcohol, or is addicted to the use of habit-forming
drugs to such an extent as to render the genetic counselor unsafe or unreliable
which includes but is not limited to:
1.
Testing positive for alcohol and/or unauthorized drugs.
2. Misappropriation or diversion of drugs
from the workplace.
3. A pattern of
abuse or misuse of habit forming or mood-altering drugs or alcohol.
4. Impairment while on duty due to the use of
drugs or alcohol.
5. Refusal to
submit to drug screen for cause.
6.
The use of alcohol or habit forming or mood-altering drugs to the extent that
medical or psychiatric treatment, rehabilitation, or counseling is medically
determined or otherwise recommended by a legally authorized
practitioner.
(e) Has
been convicted of any violation of a federal or state law relating to
controlled substances, including misdemeanor and felony offenses.
(f) Is guilty of unprofessional conduct of a
character likely to deceive, defraud, or injure the public in matters
pertaining to health, which includes but is not limited to:
1. Failure to comply with the Alabama Genetic
Counselor Act and rules and regulations as well as federal, state or local
laws, rules or regulations applicable to the area of genetic counseling
practice.
2. Failure to practice
genetic counseling in accordance with the standards of practice adopted by the
Board.
3. Practice beyond the scope
of practice as determined by, but not limited to educational preparation;
license status; state and federal statutes and regulations; state and national
standards appropriate to the type of practice; genetic counseling experience;
standardized procedures; knowledge, skills and ability to manage risks and
potential complications; and required instruction and supervision.
4. Failure to use appropriate judgment in
practicing genetic counseling judgment.
5. Failure to demonstrate competence in
administering or carrying out patient care.
6. Failure to make entries, destroying or
altering entries, charting before assessment or delivery of care, or making
false entries in patient, employer, or employee records.
7. Failure to timely, accurately, legibly,
and completely report and document on appropriate records a patient's status,
including signs and symptoms, responses, treatments, medications, other genetic
counseling rendered, communication of pertinent information to other health
team members, and unusual occurrences involving the patient.
8. Assigning patient care in a manner that
fails to take into consideration patient safety.
9. Assigning genetic counseling functions to
others who lack the educational preparation, license, credentials, competence,
experience, knowledge, or physical, mental or emotional ability to perform the
assigned functions.
10. Failure to
provide adequate supervision, management, or training of individuals to whom
genetic counseling functions or responsibilities are delegated or
assigned.
11. Gross negligence in
the practice of genetic counseling.
12. Abandoning or neglecting patients. A
certified copy of the record of a state or federal agency that substantiated
neglect of a patient shall be conclusive evidence of patient neglect.
13. Failure to safeguard the patient's
dignity, right to privacy, and confidential health information.
14. Intentionally or negligently causing or
permitting physical, sexual, emotional, or verbal abuse of a patient, willfully
harassing or intimidating a patient. A certified copy of the record of a state
or federal agency that substantiated patient abuse shall be conclusive evidence
of abuse, harassment, or intimidation of a patient.
15. Violating professional boundaries of the
genetic counselor-patient relationship that includes but is not limited to:
(i) Sexual or intimate conduct with a
patient, patient's immediate family member(s) or significant other(s);
or
(ii) Emotional or financial
exploitation of the patient or the patient's immediate family member(s) or
significant other(s).
16.
Exhibiting unethical or unprofessional conduct or behavior in the
workplace.
17. Engaging in fraud,
deceit or misrepresentation in seeking employment, practicing, or seeking to
practice that includes but is not limited to:
(i) Alteration of a temporary permit,
identification card or license,
(ii) Falsification of credentials,
(iii) Falsification of employment records,
or
(iv) Representing oneself as a
genetic counselor without a license. Representation as a genetic counselor
includes using in connection with a person's practice the words "genetic
counselor," "licensed genetic counselor," "gene counselor," "genetic
consultant," "genetic associate," or any words, letters, abbreviations, or
insignia indicating or implying the individual holds a genetic counseling
license.
18. Commission
of fraudulent acts in advertising, insurance, or in billing for services, which
includes, but is not limited to:
(i) Medicare
or other federal government programs,
(ii) Medicaid or other state government
programs, and
(iii) Commercial
insurance or health plan.
19. Aiding, abetting, or assisting an
individual to violate or circumvent any law or rule intended to guide the
conduct of a genetic counselor or any other licensed health care
provider.
20. Failure to ensure
verification of current Alabama licensure and credentials of genetic counseling
personnel for whom the genetic counselor is administratively
responsible.
21. Personal use of
unauthorized or illegal drugs or substances or obtaining, furnishing or
administering drugs or controlled substances to any person, except as directed
by a legally authorized prescriber.
22. Appropriating anything of value, use or
benefit, including but not limited to:
(i) Any
real or personal property of the patient, employer, or any other person or
entity; or
(ii) Failing to take
precautions to prevent such misappropriation.
23. Practicing while the mental or physical
ability to practice is impaired by any mood-altering drugs or substances or by
a physical, mental, or emotional disorder that renders the genetic counselor
unable to perform with reasonable skill and safety.
24. Failure to report illegal, substandard,
unethical, unsafe or incompetent genetic counseling practices.
25. Having a license denied, conditionally
issued, reprimanded, placed on probation, suspended, revoked, or voluntarily
surrendered in another state, territory or country, or having been
court-martialed or administratively discharged by a branch of the United States
Armed Forces for any act or conduct which would constitute grounds for
disciplinary action in this state. A certified copy of the record of the agency
that took such action shall be conclusive evidence of the grounds for
discipline.
(g) Has
failed to respond to official Board correspondence, including but not limited
to requests for information, subpoenas, or notices.
(h) Has willfully or repeatedly violated any
of the provisions of a statute or rule that includes but is not limited to:
1. Practicing or seeking to practice genetic
counseling without a current license.
2. Impersonating an applicant for licensure
or another licensed practitioner or permitting or allowing another person to
use the genetic counseling license.
3. Continued violation of statute or rule
after notice by the Board.
4.
Failure to comply with any stipulated terms and conditions of any Board order
or contract.
(i) Failed
to comply with continuing education requirements.
(j) Submitted payment of any fees or fines to
the Board with a worthless check, invalid credit card, or by any other method
that is not honored by the financial institution.
(k) Poses a risk to public safety for any
other reasons stated by law.
(l)
Violates the code of ethics adopted and published by the National Association
of Genetic Counselors or its successor organization.
Author: Alabama Board of Genetic Counseling
Statutory Authority: Code of Ala. 1975, § 34-13A-3, et seq.
Disclaimer: These regulations may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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