Current through Register Vol. 54, No. 44, November 2, 2024
(a) A genetic counselor, graduate genetic
counselor or applicant for a license under this subchapter is subject to
refusal of license or disciplinary action under sections 22 and 41 of the act
(63
P. S. §§
422.22 and
422.41). Following a final
determination subject to the right of notice, hearing and adjudication and the
right of appeal therefrom in accordance with 2 Pa.C.S. §§ 501-508 and
701-704 (relating to Administrative Agency Law), the Board may refuse licensure
or impose any of the corrective actions of section 42 of the act (63 P. S. §
422.42).
(b) A genetic counselor, graduate genetic
counselor or applicant for licensure is subject to discipline under section
41(6) and (8) of the act for violating the provisions of this chapter and
Chapter 16 (relating to State Board of Medicine-general provisions) or for
being guilty of immoral or unprofessional conduct. Unprofessional conduct
includes the conduct in §
16.61(a)
(relating to unprofessional and immoral conduct) and, for purposes of this
subchapter, also includes:
(1) Engaging in
conduct prohibited under §
16.110 (relating to sexual
misconduct).
(2) Performing an act
in a health care profession in a fraudulent, incompetent or negligent
manner.
(3) Violating a provision
of the act or this subchapter setting a standard of professional
conduct.
(4) Engaging in health
care practice beyond the licensee's authority to practice.
(5) Representing oneself to be a physician or
other health care practitioner whose profession the genetic counselor is not
licensed to practice.
(6)
Practicing while the licensee's ability to do so is impaired by alcohol, drugs,
physical disability or mental instability.
(7) Revealing personally identifiable facts
obtained as the result of a practitioner-patient relationship without the prior
consent of the patient, except as authorized or required by statute or
regulation.
(8) Failing to provide
appropriate supervision to a genetic counselor student or a graduate genetic
counselor practicing under a temporary provisional license. For purposes of
this paragraph, appropriate supervision of a genetic counselor student means
that the student is under the overall direction of the chair or director of the
educational program. For purposes of this paragraph, appropriate supervision of
a graduate genetic counselor means that the graduate genetic counselor is under
the overall direction of the area supervisor and the supervisor conducts
periodic review of the work of the graduate genetic counselor.
(9) Practicing outside the scope of practice
for a genetic counselor as set forth in section 13.4(c) of the act
(63
P. S. §
422.13d(c)).
(10) Failing to inform a client that a
graduate genetic counselor holds a temporary provisional license and practices
under supervision.
(c)
Immoral conduct includes the conduct in §
16.61(b) and; for
purposes of this subchapter, also includes:
(1) Misrepresenting or concealing a material
fact in obtaining a license issued by the Board or renewal, reactivation or
reinstatement thereof.
(2) Being
convicted of a crime involving moral turpitude, dishonesty or corruption in the
courts of the Commonwealth, the United States, another state, the District of
Columbia, a territory of the United States or another country.
(3) Committing an act involving moral
turpitude, dishonesty or corruption.
This section cited in 49 Pa. Code §
18.703 (relating to application
for genetic counselor license); and 49 Pa. Code §
18.705 (relating to application
for temporary provisional genetic counselor
license).
