Mass. Gen. Laws ch. 13, sec. 105 — MA Code / Part I / Title II / Chapter 13 / Section 105
Board of registration of genetic counselors; powers and duties
Status: in_force

Section 105. The board shall have the following powers and duties: (a) to promulgate regulations and adopt such rules as are necessary to regulate genetic counselors; (b) to recommend policy and budgetary matters to the department of public health; (c) to receive, review, approve or disapprove applications for licensing, renewal and reinstatement and to issue those licenses; (d) to establish administrative procedures for processing applications for licenses and license renewals and to hire or appoint such agents as are appropriate for processing applications for licenses and license renewals; (e) to retain records of its actions and proceedings in accordance with public records laws; (f) to establish specifications for the licensing examination, which may be or may include the complete certification examination given by the American Board of Genetic Counseling or the American Board of Medical Genetics, or its successor, and to provide or procure appropriate examination questions and answers and to establish examination procedures; (g) to define by regulation the appropriate standards for education and experience necessary to qualify for licensing, including, but not limited to, continuing professional education requirements for licensed genetic counselors and provisional licensed genetic counselors, which shall be no less stringent than those of the American Board of Genetic Counseling, or its successor, and for the conduct and ethics which shall govern the practice of genetic counseling; (h) to establish standards of supervision for students or persons in training to become qualified to obtain a license in the occupation or profession it represents; (i) to fine, censure, revoke, suspend or deny a license, place on probation, reprimand or otherwise discipline licensees for violations of the code of ethics or the rules of the board in accordance with section 242 of chapter 112, but the board shall not have the power of subpoena. (j) to summarily suspend the license of a licensee who poses an imminent danger to the public but a hearing shall be afforded to the licensee within 7 days of an action by the board to determine whether such summary action is warranted; and (k) to perform such other functions and duties as may be required to carry out this section. Notwithstanding any general or special law or rule or regulation to the contrary, a person licensed under this section or in accordance with sections 255 or 256 of chapter 112, shall not be subject to discipline by the board, including the revocation, suspension or cancellation of the certificate of registration or reprimand, censure or monetary fine, for providing or assisting in the provision of reproductive health care services or gender-affirming health care services, as those terms are defined in section 11I1/2 of chapter 12, or for any judgment, discipline or other sanction arising from such health care services if the services as provided would have been lawful and consistent with the standards of conduct for genetic counselors if they occurred entirely in the commonwealth; provided further, that the board shall not take adverse action on an application for registration of a qualified genetic counselor based on a criminal or civil action or disciplinary action by a licensing board of another state that arises from such health care services that, as provided, would have been lawful and consistent with the standards of conduct for genetic counselors if they occurred entirely in the commonwealth. Nothing in this section shall be construed to regulate the practice of genetic counselors in any other state.

Section 105. The board shall have the following powers and duties:

(a) to promulgate regulations and adopt such rules as are necessary to regulate genetic counselors;

(b) to recommend policy and budgetary matters to the department of public health;

(c) to receive, review, approve or disapprove applications for licensing, renewal and reinstatement and to issue those licenses;

(d) to establish administrative procedures for processing applications for licenses and license renewals and to hire or appoint such agents as are appropriate for processing applications for licenses and license renewals;

(e) to retain records of its actions and proceedings in accordance with public records laws;

(f) to establish specifications for the licensing examination, which may be or may include the complete certification examination given by the American Board of Genetic Counseling or the American Board of Medical Genetics, or its successor, and to provide or procure appropriate examination questions and answers and to establish examination procedures;

(g) to define by regulation the appropriate standards for education and experience necessary to qualify for licensing, including, but not limited to, continuing professional education requirements for licensed genetic counselors and provisional licensed genetic counselors, which shall be no less stringent than those of the American Board of Genetic Counseling, or its successor, and for the conduct and ethics which shall govern the practice of genetic counseling;

(h) to establish standards of supervision for students or persons in training to become qualified to obtain a license in the occupation or profession it represents;

(i) to fine, censure, revoke, suspend or deny a license, place on probation, reprimand or otherwise discipline licensees for violations of the code of ethics or the rules of the board in accordance with section 242 of chapter 112, but the board shall not have the power of subpoena.

(j) to summarily suspend the license of a licensee who poses an imminent danger to the public but a hearing shall be afforded to the licensee within 7 days of an action by the board to determine whether such summary action is warranted; and

(k) to perform such other functions and duties as may be required to carry out this section.

Notwithstanding any general or special law or rule or regulation to the contrary, a person licensed under this section or in accordance with sections 255 or 256 of chapter 112, shall not be subject to discipline by the board, including the revocation, suspension or cancellation of the certificate of registration or reprimand, censure or monetary fine, for providing or assisting in the provision of reproductive health care services or gender-affirming health care services, as those terms are defined in section 11I1/2 of chapter 12, or for any judgment, discipline or other sanction arising from such health care services if the services as provided would have been lawful and consistent with the standards of conduct for genetic counselors if they occurred entirely in the commonwealth; provided further, that the board shall not take adverse action on an application for registration of a qualified genetic counselor based on a criminal or civil action or disciplinary action by a licensing board of another state that arises from such health care services that, as provided, would have been lawful and consistent with the standards of conduct for genetic counselors if they occurred entirely in the commonwealth.

Nothing in this section shall be construed to regulate the practice of genetic counselors in any other state.