Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 18 - STATE BOARD OF › Subchapter K - GENETIC COUNSELORS › Section 18.708 - Disciplinary action for applicants and genetic counselors

Current through Register Vol. 54, No. 28, July 13, 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.