Title 5
Businesses and Professions

Chapter 92
Genetic Counselors Licensing Act

§ 5-92-5. Powers and duties of department regarding licensing of genetic counselors.

For the purposes of conducting its responsibilities under this chapter, the department shall have the following powers and duties:

(1) To engage persons of established reputation and known ability in genetic counseling as consultants to the department; the Rhode Island or New England chapter or affiliate of the National Society of Genetic Counselors, if existing, or their successors or equivalent, is designated as the appropriate body with which the department shall consult for referral of consultants and other assistance to the department;

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

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

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

(5) To retain records of its actions and proceedings in accordance with public records laws;

(6) 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 consistent with those of the American Board of Genetic Counseling, or its successor, and for the conduct and ethics that shall govern the practice of genetic counseling;

(7) 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;

(8) To conduct hearings upon charges calling for the discipline of a licensed genetic counselor or for revocation of a license pursuant to § 5-92-9. The department has the power to issue subpoenas and compel the attendance of witnesses and administer oaths to persons giving testimony at hearings. The department shall cause the prosecution of all persons violating this chapter and has the power to incur the necessary expenses for the prosecution;

(9) 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 seven (7) days of an action by the department to determine whether such summary action is warranted;

(10) To recover the actual costs and fees, including attorneys’ fees, incurred by the department in the investigation and prosecution of a licensee upon the finding of a violation of this chapter or a rule adopted or an order issued by the department under this chapter;

(11) To take such action as may be necessary to enforce the provisions of this chapter and to regulate the practice of genetic counseling;

(12) To impose a civil penalty not to exceed one thousand dollars ($1,000) for each violation by a licensee of this chapter or of rules adopted by the department; and

(13) To perform such other functions and duties as may be required to carry out this chapter.