TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 10 MEDICINE
AND SURGERY PRACTITIONERS
PART 21 GENETIC
COUNSELORS: LICENSURE AND PRACTICE
REQUIREMENTS
16.10.21.1 ISSUING
AGENCY: New Mexico Medical Board,
hereafter called the board.
[16.10.21.1 NMAC -
N, 1/1/09]
16.10.21.2 SCOPE: This part applies to
genetic counselors.
[16.10.21.2 NMAC - N,
1/1/09]
16.10.21.3 STATUTORY
AUTHORITY: This part governs the licensing and practice
of genetic counselors in New Mexico and is promulgated pursuant to and in
accordance with the Genetic Counseling Act, Sections 61-6A-1 through 61-6A-10
and the Medical Practice Act, Sections 61-6-1 through 61-6-35 NMSA 1978.
[16.10.21.3 NMAC -
N, 1/1/09]
16.10.21.4 DURATION:
Permanent.
[16.10.21.4 NMAC - N,
1/1/09]
16.10.21.5 EFFECTIVE
DATE: January 1, 2009, unless a different date is
cited at the end of a section.
[16.10.21.5 NMAC - N,
1/1/09]
16.10.21.6 OBJECTIVE: This
part regulates the licensing and practice of genetic counselors.
[16.10.21.6 NMAC - N,
1/1/09]
16.10.21.7 DEFINITIONS:
A. “ABGC” means the American board of
genetic counseling, a national agency for certification and recertification of
genetic counselors, or its successor agency.
B. “ABMG” means the American board of
medical genetics, a national agency for certification and recertification of
genetic counselors and geneticists with medical or other doctoral degrees, or
its successor agency.
C. “Accreditation” means any of the
following definitions.
(1) Full accreditation indicates that the program meets the minimum
standards established by ABGC to provide a well-rounded and adequate
educational and clinical program for students.
ABGC full accreditation is typically conferred for a period of six (6)
years and reaccreditation is typically conferred for a period of up to eight
(8) years, although ABGC reserves the right to provide probationary or
shorter-term accreditation.
(2) Probationary accreditation indicates that, while the program
continues to have accredited status, it does not meet the minimum standards for
providing educational and clinical training for students and has generalized problems that appear to interfere with optimal
education of the candidates. This
program must make public its probationary status.
(3) Provisional accreditation applies to a new program that has
completed and submitted an application for becoming an accredited program. Such a program must meet the minimum criteria
for providing the master’s degree in genetic counseling, as established by
ABGC. Provisionally accredited programs
must apply for full accreditation within three (3) years of matriculating their
first class. If the
program does not attain full accreditation (or accreditation with restrictions),
provisional accreditation will be revoked. Probationary accreditation is not an option
for a provisionally accredited program.
D. “Active candidate status” means a
graduate who has applied to sit for the ABGC certification examination
according to published eligibility requirements in effect for that examination
cycle, and who has been approved as a candidate for that examination cycle
based on review and approval of his/her credentials by the ABGC credentials
committee.
E. “Active status” means a license that is
current and authorizes the licensee to engage in the practice of genetic
counseling.
F. “Alternate supervising genetic counselor or
physician” means a genetic counselor or physician who holds a current
unrestricted New Mexico license, is a cosignatory on the notification of
supervision, and agrees to act as the supervising genetic counselor or
physician in the absence of the designated genetic counselor or physician.
G. “Board” means the New Mexico medical
board.
H. “Certification” means successful
completion of a comprehensive general genetics examination and genetic
counseling specialty examination administered by ABGC or ABMG, or after 2009,
successful completion of the ABGC certification examination.
I. “Contact hour” means sixty (60) minutes
of actual instructional time. Breaks,
meals, evaluations, wrap-up or registration are not included when calculating
hours.
J. “Effective supervision” means the
oversight, control, and direction of services rendered by a genetic counselor
practicing on a temporary license.
Supervision shall be provided by a licensed genetic counselor or
physician. Elements of effective
supervision include:
(1) on-going availability
of direct communication, either face-to-face or by electronic means;
(2) active,
ongoing review of the genetic counselor’s services, as appropriate, for qualify
assurance and professional support;
(3) delineation
of a predetermined plan for emergency situations, including unplanned absence
of the primary supervising genetic counselor or physician; and
(4) identification
and registration of an alternate supervising genetic counselor or physician, as
appropriate to the practice setting.
K. “Expired” means a license was not
renewed by the biennial renewal date of March 1 or at the end of the grace
period of May 1, and the licensee is not eligible to practice within the state
of New Mexico.
L. “Genetic counseling” means a
communication process that may include:
(1) estimating
the likelihood of occurrence or recurrence of any potentially inherited or
genetically influenced condition or congenital abnormality. Genetic counseling may involve:
(a) obtaining and
analyzing the complete health history of an individual and family members;
(b)
reviewing pertinent medical records;
(c)
evaluating the risks from exposure to possible
mutagens or teratogens; and
(d)
determining appropriate genetic testing or
other evaluations to diagnose a condition or determine the carrier status of
one (1) or more family members;
(2) helping
an individual, family or health care provider to:
(a)
appreciate the medical, psychological and
social implications of a disorder, including its features, variability, usual
course and management options;
(b) learn
how genetic factors contribute to a disorder and affect the chance for
occurrence of the disorder in other family members;
(c)
understand available options for coping with,
preventing or reducing the chance of occurrence or recurrence of a disorder;
(d)
select the most appropriate, accurate and
cost-effective methods of diagnosis; and
(e)
understand genetic or prenatal tests, coordinate
testing for inherited disorders and interpret complex genetic test results; and
(3) facilitating
an individual’s or family’s:
(a)
exploration of the perception of risk and
burden associated with a genetic disorder; and
(b)
adjustment and adaptation to a disorder or the
individual’s or family’s genetic risk by addressing needs for psychological,
social and medical support.
M. “Genetic counselor” means a person
licensed pursuant to the Genetic Counseling Act to engage in the practice of
genetic counseling.
N. “Grace period” means the sixty (60) day
period following the renewal date when a genetic counselor may renew a license
that was not renewed by the renewal date, by paying the required renewal fee,
the late fee and meeting the renewal requirements. A licensee may continue to practice during
the grace period.
O. “Grace period status” means the license
has not been renewed by the renewal date and has not expired.
P. “Military service
member” means a person who is serving in the armed forces of the United
States or in a reserve component of the armed forces of the United States,
including the national guard.
Q. “NSGC” means the
national society of genetic counselors, a professional membership society
promoting the genetic counseling profession as an integral part of health care
delivery and offering educational programs.
R. “Recent veteran” means a person
who has received an honorable discharge or separation from military service
within the two (2) years immediately preceding the
date the person applies for a genetic counselor license pursuant to section
16.10.21.12. The veteran shall submit a
copy of Form DD214, or its equivalent, as part of the application process.
S. “Renew” means to begin again after an
interval of time; to make valid again for a further period.
T. “Renewal date” means the deadline date
upon which the license shall be made valid again for another period of time
without a penalty fee.
[16.10.21.7 NMAC - N, 1/1/09; A, 10/16/13]
16.10.21.8 LICENSURE
REQUIREMENTS: The board may issue a license to an applicant
who fulfills the following requirements.
A. Completes
an application for which the applicant has supplied all information and correspondence
requested by the board on forms and in a manner acceptable to the board. Applications are valid for one (1) year from
the date of receipt. While an
application is pending, the applicant is responsible for providing the board
with any changes to the submitted information or to the applicant’s oath. Applications shall require the following
documentation:
(1) demographic
information of the applicant;
(2) educational
history;
(3) employment
history;
(4) professional
references;
(5) examination
information;
(6) certification
information;
(7) other
state licensure information;
(8) professional
practice questions;
(9) applicant’s
oath;
(10) passport-quality
color photograph taken within six (6) months prior to filing the application;
approximate size 2 x 2 inches, head and shoulders only, full face, front view,
plain white or off-white background, standard photo stock paper; and, scanned
or computer-generated photographs should have no visible pixels or dots; and
(11) applicant’s
signature.
B. Each applicant
for licensure as a genetic counselor shall submit the required fees as
established in 16.10.9 NMAC.
C. Verification of
licensure in all states or territories where the applicant holds or has held a
license to engage in the practice of genetic counseling, or other health care
profession, shall be sent directly to the board by the other state board(s),
and shall include a raised seal, attest to the current status, issue date,
license number, and other information requested and contained on the form.
D. Proof of
certification from the ABGC, ABMG or as approved by the board, shall be sent
directly to the board by the certifying entity.
The board may accept hard copy by United States postal service,
facsimile or electronic mail.
E. Verification of
all work experience in the last five (5) years since graduation, if applicable,
provided directly to the board from the employer, by letter or on forms
provided by the board.
F. Proof of
graduation from a genetic counseling educational program, evidenced by:
(1) a
master’s degree from a genetic counseling training program prior to 1997; or
(2) a master’s degree
from a genetic counseling training program that is accredited by the ABGC, or
an equivalent program as approved by the board; or
(3) a
doctoral degree from a medical genetics training program that is accredited by
the ABMG, or an equivalent program as determined by the board.
(4) Proof of graduation means
official transcripts from a college or university. The applicant shall make arrangements for
official transcripts to be sent directly to the board by the educational
institution. If official transcripts are
not available due to school closure, destroyed records, etc., the applicant
shall provide satisfactory evidence to the board that the required genetic
counseling educational program has been met for consideration on a case-by-case
basis.
G. Initial license period. The applicant who has met all the
requirements for licensure shall be issued an initial license for a period of
not more than twenty-four (24) months or less than thirteen (13) months,
depending on when in the renewal cycle the initial license is issued, in order
to schedule the license to renew on March 1.
H. Initial license
expiration. Genetic counselor
licenses shall be renewed biennially on March 1 as established in Section 12 of
this part.
I. All applicants
for initial licensure as a genetic counselor are subject to a state and national
criminal history screening at their expense.
All applicants shall submit two (2) full sets of fingerprints, completed
fingerprint certificate form, signed authorization for criminal background
screening and background screening fee at the time of application.
(1) Applications for
licensure shall not be processed without submission of fingerprints, completed
fingerprint certificate form, signed authorization for criminal background
screening and fee.
(2) Applications shall be
processed pending the completion of the nationwide criminal background
screening and may be granted while the screening is still pending.
(3) If the criminal
background screening reveals a felony or a violation of the Medical Practice
Act, the applicant/licensee shall be notified to submit copies of legal
documents and other related information to the board, which shall make the
determination if the applicant is eligible for licensure or if disciplinary action
will be taken. Questions of felony or
misdemeanor convictions involving moral turpitude directly related to
employment in the profession need to be resolved satisfactorily. If the prior conviction does not relate to
employment in the profession, the board may require proof that the person has
been sufficiently rehabilitated to warrant the public trust. Proof of sufficient rehabilitation may
include, but not be limited to: certified
proof of completion of probation or parole, payment of fees, community service
or any other court ordered sanction.
[16.10.21.8 NMAC -
N, 1/1/09; A, 10/16/13]
16.10.21.9 TEMPORARY
INTERIM LICENSE:
A. The board may
issue a temporary license to an applicant who has met all licensure
requirements except the certification requirement and has active candidate
status conferred by ABGC.
B. The temporary
license is valid until the results of the next scheduled ABGC certification
examination are available and a license is issued or denied.
C. The temporary
license automatically expires three (3) months after the month the ABGC
certification examination is offered.
D. A temporary
license may be renewed as long as the applicant maintains active candidate
status. Individuals with active
candidate status must sit for the examination within the first two consecutive
exam cycles for which they are eligible following graduation. Individuals who fail to do this will need to
apply again as new applicants.
E. The temporary
license may be renewed upon a first failure of the certification examination. The temporary license may be renewed a
maximum of two (2) consecutive times within a five (5) year period following
the first temporary licensure and upon payment of the temporary license renewal
fee as established in 16.10.9 NMAC.
F. The temporary
licensee may not practice genetic counseling until the temporary license is
received and is on file at the principal place of practice.
G. The
holder of a temporary license shall work under the effective supervision of a
New Mexico licensed genetic counselor or physician. The temporary licensee is responsible to
provide the board the following documentation, at the time of application, on
forms provided by the board:
(1) name
of the supervising genetic counselor or physician;
(2) specific
program or protocol of work planned;
(3) address
of the sponsoring institution or organization where the work will be performed;
and
(4) an
affidavit from the supervising genetic counselor or physician attesting to the
qualifications of the temporary licensee and the purpose of the functions the
temporary licensee will perform.
[16.10.21.9 NMAC -
N, 1/1/09; A, 10/16/13]
16.10.21.10 TEMPORARY
TEACHING OR ASSISTING LICENSE: A one (1) year temporary license may be issued to a person providing the
following services.
A. The genetic
counselor is in New Mexico temporarily to assist a New Mexico resident licensed
to practice genetic counseling or to teach.
The genetic counselor has met the requirements for New Mexico licensure,
or is licensed in another U.S. jurisdiction or country where the requirements
were equal to or greater than the requirements for licensure in New Mexico at
the time the license was obtained in the other U.S. jurisdiction or country; if
the genetic counselor is from a U.S. jurisdiction or country that does not have
licensure for genetic counselors, the genetic counselor would need to meet the
requirements for a New Mexico license as established in Section 8 of this part.
B. The holder of a
temporary license shall work under the effective supervision of a New Mexico
licensed genetic counselor or physician.
C. The temporary
licensee is responsible to provide the board the following documentation, at
the time of application, on forms provided by the board:
(1) completed
temporary license application;
(2) temporary
teaching or assisting license fee as established in 16.10.9 NMAC;
(3) written
justification for a temporary license;
(4) verification
of licensure, if licensed, in another U.S. jurisdiction, as established in
Subsection 8 of this part;
(5) name
of the supervising genetic counselor or physician;
(6) specific
program or protocol of work planned;
(7) address
of the sponsoring institution or organization where the work will be performed;
and
(8) an
affidavit from the supervising genetic counselor or physician attesting to the
qualifications of the temporary licensee and the purpose of the functions the
temporary licensee will perform.
[16.10.21.10 NMAC -
N, 1/1/09; A, 10/16/13]
16.10.21.11 ENDORSEMENT: An
applicant for licensure as a genetic counselor who is licensed under the laws
of another U.S. jurisdiction where the requirements were equal to or greater
than the requirements for licensure in New Mexico at the time the license was
obtained in the other U.S. jurisdiction, shall file an application as established
in Section 8 of this part. An
endorsement applicant may also apply for a temporary license as established in
Section 10 of this part and not be restricted to teaching or assisting.
[16.10.21.11 NMAC - N,
1/1/09]
16.10.21.12 EXPEDITED MEDICAL
LICENSURE FOR MILITARY AND SPOUSES LICENSED IN ANOTHER JURISDICTION. If a
military service member, the spouse of a military service member, or a recent
veteran submits an application for a medical license and is a qualified
applicant pursuant to this part, the board shall expedite the processing of
such application and issue the appropriate license as soon as practicable. Any qualified applicant seeking expedited
consideration pursuant to this section shall submit a copy of form DD214 with
their application.
[16.10.21.12 NMAC -
N, 1/1/09; 16.10.21.12 NMAC - N, 10/16/13]
16.10.21.13 LICENSE
EXPIRATION AND RENEWAL:
A. Genetic
counselor licenses shall be renewed biennially on March 1st. An initial license may be issued for a period
of up to two (2) years, depending on when in the renewal cycle the initial
license is issued, in order to schedule the license to renew on March 1st.
B. Failure to
receive the renewal notice shall not relieve the licensee from the responsibility
of renewing the license by the renewal date.
The board assumes no responsibility for renewal applications not
received by the licensee for any reason.
It is the licensee’s responsibility to inform the board of accurate
address information and to make a timely request for the renewal application if
one has not been received prior to March 1st.
C. Renewal
applications postmarked or hand-delivered on or prior to March 1 shall require
the following documentation:
(1) completion
of a renewal application either electronically on-line or on the form provided
by the board; the renewal form shall
include the following data:
(a)
demographic information of the licensee;
(b)
license number;
(c)
questions regarding practice information since
the last renewal; and
(d)
signature of the licensee;
(2) receipt
of the renewal fee as established in 16.10.9 NMAC; and
(3) proof
of forty (40) NSGC or ABGC approved continuing education contact hours during
each biennial renewal cycle.
D. Renewal
applications postmarked or hand-delivered after March 1 and prior to May 1
shall require the following documentation:
(1) completion of a
renewal application either electronically on-line or on the form provided by
the board, including the data as described in Subparagraphs (a)-(d) of
Paragraph (1) of Subsection C of 16.10.21.12 NMAC;
(2) receipt of the
renewal fee as established in 16.10.9 NMAC;
(3) receipt
of the late fee as established in 16.10.9 NMAC; and
(4) proof
of forty (40) NSGC or ABGC approved continuing education contact hours during
each biennial renewal cycle.
E. March 1 through
April 30 is considered the grace period following the renewal date during which
a licensee may continue to provide services and renew with a late fee.
F. When renewal
applications are received on or after May 1, the license shall have expired,
and the licensee shall not be eligible to provide genetic counseling services
in New Mexico.
[16.10.21.13 NMAC -
Rn & A, 16.10.21.12 NMAC, 10/16/13]
16.10.21.14 REINSTATEMENT: A
licensee with an expired license may apply for reinstatement.
A. Requirements for
reinstatement of an expired license within one (1) year of the renewal
date are as follows:
(1) completion
of a reinstatement application;
(2) receipt of the
renewal fee as established in 16.10.9 NMAC;
(3) receipt
of the reinstatement fee as established in 16.10.9 NMAC; and
(4) proof
of forty (40) NSGC or ABGC approved continuing education contact hours within
the previous two (2) years.
B. Requirements for
reinstatement of an expired license after one (1) year of the renewal
date are as follows:
(1) completion
of a reinstatement application;
(2) receipt of the
renewal fee as established in 16.10.9 NMAC;
(3) receipt of the
reinstatement fee as established in 16.10.9 NMAC;
(4) proof
of forty (40) NSGC or ABGC approved continuing education contact hours as
required for license renewal;
(5) proof of twenty (20)
NSGC or ABGC approved continuing education contact hours for each year the
license has been expired; and
(6) any
other proof of competency as may be requested by the board or the board’s
designee. Additionally, the board may
require the former licensee to reapply as a new applicant.
[16.10.21.14 NMAC -
Rn & A, 16.10.21.13 NMAC, 10/16/13]
16.10.21.15 DISCIPLINARY
AND COMPLAINT PROCESS: Disciplinary actions and complaints shall be
processed as established in 16.10.5 and 16.10.6 NMAC.
[16.10.21.15 NMAC -
Rn, 16.10.21.14 NMAC, 10/16/13]
HISTORY of 16.10.21 NMAC: [RESERVED]