California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 9 - Testing for Heritable Disorders › Group 1 - LICENSING OF GENETIC COUNSELORS › Article 3 - DENIAL AND REVOCATION OF LICENSURE › Section 6303.1 - Reasons for Denial and Revocation of Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A genetic counselor license or temporary genetic counselor
						  license shall be revoked, and the application for an initial license or license
						  renewal shall be denied, by the Department if the licensee or applicant:
(a) Knowingly makes a false statement of fact or
						omits to state a fact on an application that would have resulted in the denial of a
						genetic counselor license or temporary genetic counselor license; or
(b) Has been denied or has forfeited certification
						from either the ABGC or the ABMG, as applicable; or
(c) Has been convicted of a felony charge
						substantially related to the qualifications, functions, or duties of a genetic
						counselor. A verdict of guilty or a plea of guilty or nolo contendere to a felony
						charge shall be deemed a conviction for the purposes of this Section; or
(d) Is found to be non-compliant with child
						support judgments or orders pursuant to Family Code Section
						17520. If the
						applicant or licensee appears on a certified list as specified in subsection
						17520(a)(3), but is
						otherwise eligible for an initial license or license renewal, he or she shall be
						issued a genetic counselor license or temporary genetic counselor license that is
						valid for only 150 days, in accordance with specifications of subsections
						17520(e) and (f);
						or
(e) Appears on a certified list of
						tax delinquencies provided by the State Board of Equalization or the Franchise Tax
						Board as specified in Section
						7063 or Section
						19195
						of the Revenue and Taxation Code. If the applicant or licensee is otherwise eligible
						for an initial license or license renewal, he or she shall be issued a genetic
						counselor license or temporary genetic counselor license that is valid for only 90
						days, in accordance with specifications of Section
						494.5
						of the Business and Professions Code; or
(f) Has allegations of unprofessional conduct,
						including incompetence or gross negligence in performing genetic counseling
						services, upheld by the Department after implementing the process provided in Health
						and Safety Code Section
						131071,
						that determines that the applicant or license holder has not adequately demonstrated
						that he or she has been rehabilitated and will present a threat to the health,
						safety, or welfare of patients; or
(g)
						Has been denied a genetic counselor license or temporary genetic counselor license,
						permission to practice genetic counseling, or permission to take a genetic counselor
						license examination in any state, territory, country, or U.S. federal jurisdiction;
						or
(h) Is a temporary genetic counselor
						licensee and fails to provide the required examination documentation specified in
						Section 6301.3 of this Subchapter; or
(i) Is a genetic counselor licensee and loses his
						or her certification granted by the ABGC or the ABMG; or
(j) Has been asked to surrender a license to
						practice genetic counseling in this or any other state; or
(k) Engages in the continued use of the title
						'genetic counselor' or other title implying genetic counselor licensure or temporary
						genetic counselor licensure without obtaining such license by the Department, after
						receiving a warning by the Department to cease such use; or
(l) Commits a deliberate breach of confidentiality
						of patient information, or commits a breach of confidentiality subject to Section
						124980
						of the Health and Safety Code regarding the misuse of information; or
(m) Violates the terms of the regulations as set
						forth in this Subchapter; or
(n) Fails
						to comply with the provisions of the Health and Safety Code, Sections
						124980,
						124981
						and
						124982.
1. New
						  article 3 (sections
						  6303.1-6303.3) and section filed
						  2-11-2013 as an emergency; operative 2-11-2013 pursuant to Health and Safety Code
						  section
						  124977(d).
						  Submitted to OAL by agency for filing and printing only pursuant to Health and
						  Safety Code section
						  124977
						  (Register 2013, No. 7). Pursuant to Health and Safety Code section
						  124977(d)(2),
						  these regulations shall remain in effect until revised or repealed by the
						  department.
2. Statement of Compliance pursuant to Health and Safety Code
						  section
						  124977(d)(1)
						  as to 2-11-2013 order, including amendment of subsection (h) and NOTE, filed
						  10-31-2013. Exempt from OAL review pursuant to Health and Safety Code section
						  124977(d)(2).
						  Submitted to OAL for filing and printing pursuant to Government Code section
						  11343.8
						  (Register 2013, No. 44).
Note: Authority cited: Sections
							 124977,
							 124980,
							 124981,
							 124982,
							 131052
							 and
							 131200,
							 Health and Safety Code. Reference: Section
							 494.5,
							 Business and Professions Code; Section
							 17520, Family Code;
							 Sections
							 124980,
							 124981,
							 124982,
							 124996
							 and
							 131071,
							 Health and Safety Code.