CHAPTER Gen 300 REQUIREMENTS FOR INITIAL LICENSURE
PART Gen 301 DEFINITIONS
Gen
301.01 “Direct supervision” means
supervision during which the supervisor is physically present and observing the
activities of the individual being supervised.
Source. #10686, eff 10-7-14
Gen
301.02 “Indirect supervision” means
supervision through:
(a) The supervisor’s review of the treatment
progress notes made by the individual supervised;
(b) Telephone conversations between the
supervisor and the individual supervised;
(c) Electronic correspondence between the
supervisor and the individual supervised; and
(d) Any other form of supervision which is not
direct supervision.
Gen
301.03 “National examination in genetic counseling” means the American Board of
Genetic Counseling or American Board of Medical Genetics exam or the successor
organizations.
Source.
#10686, eff 10-7-14
Gen
301.04 “Provisional license” means a
license to practice as a genetic counselor issued by the board authorizing its
holder to engage in supervised practice as a provisionally licensed genetic
counselor pending the provisional licensee’s notification in writing of a
passing score on a certificate examination for genetic counselors by the
American Board of Genetic Counseling, the American Board of Medical Genetics,
or their successor organizations.
Source.
#10686, eff 10-7-14
PART Gen
302 INITIAL LICENSURE TO PRACTICE
GENETIC COUNSELING
Gen 302.01 Types of Initial Licensure. The board shall issue one of the following 2
types of initial licenses to applicants who are eligible for them and who
comply with the application procedures:
(a)
Full initial licenses as set forth in Gen 304; or
(b)
Provisional licenses as set forth in Gen 305.
Source.
#10686, eff 10-7-14
PART Gen 303 APPLICATION PROCEDURE
Gen
303.01 Processing of Applications.
(a) Applicants who wish to apply for initial or
provisional licensure as a genetic counselor shall do so by submitting, or
arranging for the submission of, each of the following components of the
application packet:
(1)
The completed initial application form provided by the board that
contains the information specified by Ahp
601.01;
(2)
The required documents specified by Gen 303.02 and Gen 303.03, as applicable;
(3)
The non-refundable application processing fee specified by Ahp
301.02(a); and
(4)
The initial license fee specified by Ahp 301.02(a).
(b) If the board, after receiving and reviewing a
completed application packet complying with (a) above requires further
information or documents to determine the applicant's qualification for
licensure, the board shall:
(1)
So notify the applicant in writing within 60
days; and
(2)
Specify the information or documents it requires.
(c) An application shall be completed on the
first date that the board has received:
(1)
The completed application packet described in (a) above; and
(2)
Any additional information or documents which may have been requested
pursuant to (b) above.
(d) The application shall be denied if the
application is not completed by the applicant within 38 weeks of the receipt by the board of the application form part
of the application packet.
(e) The board shall issue written approval or
denial of an application within 60
days of the date that the application is completed.
(f) The board shall refund the license fee, but
not the application processing fee, if:
(1)
The applicant withdraws the application;
(2)
The application packet is
not completed within 38 weeks of
receipt by the board of the application form part of the application packet; or
(3)
The board denies the application.
(g) Any applicant wishing to challenge the
board's denial of an application for initial licensure shall:
(1)
Make a written request for a hearing of the applicant's challenge; and
(2) Submit this request to the board:
a.
Within 60 days of the board's notification of license denial; or
b.
If the applicant is on active military duty outside the United States,
within 60 days of the applicant's return to the United States or release from
duty, whichever occurs later.
Source.
#10686, eff 10-7-14; ss by
#13555, eff 4-11-23
Gen 303.02 Documents Required of
Applicants For Full and Provisional Licensure. Applicants for full or provisional licensure
shall provide, or arrange for the board to receive, the following documents
supporting their applications:
(a) On a separate sheet, a detailed report of the
relevant circumstances if any of the answers to questions from the application form specified in Ahp
601.01 required by Gen 303.01(a)(1) are in the affirmative;
(b)
Official transcripts showing all relevant education:
(1)
Mailed directly to the board by the issuing institution; or
(2)
Submitted by the applicant in an envelope sealed by the institution in
such a manner that it would be evident to the board if the envelope had been opened;
(c) A
resume containing a chronologically organized account of the applicant's paid
or volunteer work experience in genetic counseling for the past 10 years or
completion of the academic program, including:
(1)
Each separate experience in paid or volunteer work:
a.
Serving as an educator in genetic counseling;
b.
Serving as an administrator in genetic counseling; or
c. Contributing expertise in genetic counseling to a board or committee;
(2)
The period of each separate experience described by the month and year
it began and month and year it ended; and
(3)
The physical address of each experience;
(d) Unless the information is available only on a
website, an official letter of verification sent directly to the board from
every jurisdiction which has issued a license or other authorization to
practice stating whether:
(1)
The license or other authorization is or was, during its period of
validity, in good standing; and
(2)
Whether any disciplinary action was taken against the license or other
authorization to practice;
(e)
Either:
(1) A criminal history records check form and
fingerprint card, seeking both a New Hampshire and a federal records check, in
accordance with the procedure specified by the New Hampshire department of
safety rules at Saf-C 5700, Operation of the Central Repository: Criminal
Records, with the required fee;
(2) If the federal criminal history records check
shows the existence of a criminal record in another state, the applicant shall
obtain a detailed criminal record check directly from that state and provide it
to the board; or
(3)
An original, not a photocopy, of a criminal offender record report:
a. Issued by each state where the applicant has
resided or been licensed within the past 6 years, providing that such state
will:
1. Send the report to the board; or
2. To
the applicant for forwarding to the board;
b. Covering
the applicant under his or her name and any aliases; and
c.
Dated within the 6 months preceding the application for licensure;
(f) A copy of the applicant’s current certificate
issued by one of the following:
(1)
The American Board of Genetic Counseling (ABGC);
(2)
American Board of Medical Genetics (ABMG); or
(3)
The successor organization; and
(g) A
letter sent directly to the board by:
(1) ABGC verifying the applicant’s current ABGC
certification and the date of expiration of the certification; or
(2)
ABMG verifying the applicant’s current ABMG certification and the date
of expiration of the certification.
Source.
#10686, eff
10-7-14; ss by #13555, eff 4-11-23 (formerly Gen 303.04)
Gen
303.03 Documents Required of Applicants For Provisional Licensure. Applicants for provisional licensure shall
provide, or arrange for the board to receive, the following documents
supporting their applications:
(a) The documents listed in Gen 303.02 with the exception of the Gen 303.02
(f) and (g);
(b) Documentation that the applicant has been
authorized to take a certification exam by a certifying agency; and
(c) Supervision form described in Ahp 601.06.
Source.
#10686, eff
10-7-14; ss by #13555, eff 4-11-23 (formerly Gen 303.05)
PART Gen 304 ELIGIBILITY FOR FULL INITIAL LICENSURE
Gen
304.01 Eligibility Requirements. Eligibility requirements for full initial
licensure shall be:
(a) An academic degree which is at least a
master’s degree;
(b) A currently valid certificate issued by the ABGC
or ABMG;
(c) Good professional character and reliability
as evidenced by:
(1)
The answers to the questions from
the application form specified in Ahp 601.01;
(2)
Any reports related to such answers submitted pursuant to Gen 303.02 (a); and
(3)
The criminal offender record report(s) required by Gen 303.02 (f).
Source.
#10686, eff 10-7-14; ss by
#13555, eff 4-11-23
PART Gen 305 ELIGIBILITY FOR PROVISIONAL LICENSURE
Gen
305.01 Eligibility Requirements for Provisional Licensure. Eligibility requirements for provisional
licensure shall be:
(a) An academic degree which is at least a
master’s degree;
(b) Authorization to take the certification exam required
in Gen 303.03(b);
(c) Good professional character and reliability
as evidenced by:
(1)
The answers to the questions from
the application form specified in Ahp 601.01;
(2)
Any reports related to such answers submitted pursuant to Gen 303.02 (a); and
(3)
The criminal offender record report(s) required by Gen 303.02 (f);
Source.
#10686, eff 10-7-14; ss by
#13555, eff 4-11-23
PART 306 PRACTICE UNDER A PROVISIONAL LICENSE
Gen
306.01 Practice Restrictions Imposed
Upon Provisional Licensees.
(a) Before beginning practice the provisional
licensee shall submit for board review a supervision form described in Ahp 601.06.
(b) The provisional licensee shall receive
confirmation from the board that the supervisor meets the requirements set
forth in Gen 306.01(c)(1)b.
(c) Provisional licensees shall practice:
(1)
Under the supervision of a genetic counselor or physician who is:
a.
Licensed in New Hampshire throughout the period of the provisional
licensee’s practice;
b.
Credentialed in one of the following ways:
1.
Currently certified by the ABGC;
2.
Currently certified by the ABMG; or
3.
A physician who is knowledgeable in genetic counseling and genetic
testing is within his or her scope of practice;
c.
Not under disciplinary investigation with any state or facility or under
pending disciplinary charges in any state or facility; and
d.
Not related to the conditional licensee as one of the following;
1.
Spouse or civil union partner;
2.
Parent, step-parent or parent-in-law;
3.
Natural, foster or adopted child;
4.
Sibling, step-sibling or sibling-in-law; or
5.
First or second cousin; and
(2)
Under indirect supervision described in Gen 301.02;
Source. #10686,
eff 10-7-14; ss by #13555, eff 4-11-23
Gen
306.02 Obligations of Provisional
Licensees.
(a) Before the beginning of supervision, each individual who provides some or all of the supervision
to the provisional licensees shall:
(1)
Give to these individuals a copy of Gen 306.03, Gen 306.04, and the
supervision form described in Ahp 601.06;
(2)
Discuss the required supervision with these individuals; and
(3)
Give to these individuals a copy of the provisional license issued by
the board.
(b) The provisional licensee shall resubmit a
completed supervision form to the board, yearly, on the anniversary of the date
the provisional license was issued.
(c) Whenever the individual(s) providing
supervision are replaced by other individual(s), provisional licensees shall:
(1)
Notify the board of that fact within 15 days of the change; and
(2)
Take the actions required by (a) above.
(d) When provisional licensees have completed the
required supervised practice, they shall arrange for the board to receive the
supervisory opinion of competence described in Gen 306.03(g) within 30 days of
completion.
(e) Throughout their practice provisional licensees
shall be subject to the same disciplinary sanctions as are holders of other
license issued by the board.
Source.
#10686, eff 10-7-14; ss by
#13555, eff 4-11-23
Gen
306.03 Obligation of the Supervisor
of a Provisional Licensee. The
supervisor of a provisionally licensed genetic counselor shall be responsible
for:
(a) Obtaining and holding,
on file, a copy of the provisional licensee authorization to practice under provisional
license issued by the board;
(b) Providing indirect supervision and direction
to the provisional licensee, which supervision shall be of a level sufficient
to ensure that the provisional licensee performs all genetic counseling
services in accordance with generally accepted standards of professional practice;
(c) Determining the nature and level of
supervision required;
(d) Holding regular meetings, at least every 30
days, to review the provisional licensee’s clinical services and administrative
practices;
(e) Assessing and documenting the professional
competence, skill, and experience of the provisional licensee;
(f) Conducting regular chart or case reviews, at
least every 30 days, with the provisional licensees; and
(g) Providing
the provisional licensee with a signed statement within 15 days of completion
attesting to the fact that the provisional licensee has completed the required
supervision and is competent to practice without supervision.
Source.
#10686, eff 10-7-14
Gen
306.04 Duration of Provisional
licenses. Provisional licenses shall
remain valid for no more than 24 months unless the period of validity is
extended pursuant to Gen 306.05 or upon one of the following occurrences:
(a) 60 days after the issuance of a passing score
on the national examination;
(b) The date the board issues a full license;
(c) The date the board denies full licensure;
(d) The date the provisional license expires; or
(e) Upon a legal action taken by the board
described in Gen 404.
Source.
#10686, eff 10-7-14
Gen
306.05 Extension of the Period of
Validity of a Provisional License.
(a) The board shall extend the period of validity
of a provisional license for not more than 24 weeks if:
(1)
The provisional license is still valid at the time of extension;
(2)
The provisional licensee submits a written request for the extension
stating facts relating to one of the reasons in (3) below; and
(3)
The provisional licensee is unable to submit the supervisory opinion of
competence for a reason unrelated to the supervisor’s belief that the licensee
is not competent to practice without supervision and under full licensure; or
(b) The board shall also extend the period of
validity of a provisional license for not more than 24 weeks if:
(1)
The provisional licensee can’t meet licensing requirements because:
a. The provisional licensee’s extended illness;
or
b.
The provisional licensee’s need to take care of any of the following
people during an extended illness:
1.
Child, whether adopted, natural or foster;
2.
Parent, whether adopted, natural or foster;
3.
Sibling, whether adopted, natural or foster;
4.
Spouse; or
5.
Spousal equivalent; and
(2)
The provisional licensee submits a written request for the extension
providing the supervisor’s signed opinion that the licensee will become
competent to practice under full licensure if the provisional license is
extended for the time specified by the supervisor.
Source.
#10686, eff 10-7-14
Gen
306.06 Supervision Form.
(a) The “Supervision Form” shall be the form specified in Ahp 601.06;
(b) The individual to be supervised shall:
(1)
Legibly complete the portion of the form designated “to be completed by
the person to be supervised”; and
(2)
Complete in ink or using a keyboard;
(c) The individual who will provide supervision
shall:
(1)
Legibly complete the portion of the form designated “to be completed by
the supervisor”;
(2)
Complete in ink or using a keyboard; and
(3)
Sign and date the form; and
(d) The signature required on the form shall attests
to the fact that the supervisor:
(1)
Has read and understands the rules or order of the board governing the supervision;
(2)
Agrees to undertake the duties of supervision;
(3)
Agrees to take responsibility for the acts and omissions of any
individual to whom the signer delegates the duties of supervision; and
(4)
Agrees with the statement of understanding that the failure of the
signer or the signer's delegate to follow the rules or order of the board governing
the supervision has the potential to subject the signer to disciplinary
sanctions.
Source.
#10686, eff 10-7-14; ss by
#13555, eff 4-11-23
Gen
306.07 Eligibility For
Full Initial Licensure of Provisional Licensees. The board shall issue full initial licenses
to provisional licensees who, within the period of validity of their provisional
licenses:
(a) Have met the requirements of Gen 306;
(b) Submitted directly from the issuing source, a
statement from the certifying agency that verifies such passing score on the
national exam in genetic counseling within 30 days of passing the exam; and
(c) If the provisional licensee was supervised a
statement from all supervisors described in Gen 306.01(c)(1) stating that the
provisionally licensed genetic counselor is competent to practice.
Source.
#10686, eff 10-7-14
APPENDIX
Rule |
|
Gen 301.01 |
RSA 541-A:7 |
Gen 301.02 |
RSA 541-A:7 |
Gen 301.03 |
RSA 541-A:7; RSA 328-F:11, I(a);
RSA 326-K:3, I |
Gen 301.04 |
RSA 541-A:7; RSA 326-K:4; RSA
326-K:4 |
Gen 302.01 |
RSA 328-F:11, I(a), RSA 326-K:4 |
Gen 303.01 |
RSA 326-K:4 |
Gen 303.02 |
RSA 328-F:11, I(a); RSA 326-K:4,
V |
Gen 303.03 |
RSA 328-F:11, I(a); RSA 326-K:4,
V |
Gen 303.04 |
RSA 328-F:11, I(a); RSA 326-K:4,
V |
Gen 303.05 |
RSA 328-F:11, I(a); RSA 326-K:4,
V |
Gen 304.01 |
RSA 328-F:11, I(a); RSA 326-K:3 |
Gen 305.01 |
RSA 326-K:11, IV and V |
Gen 306.01 |
RSA 326-K:11, IV and V |
Gen 306.02 |
RSA 326-K:11, IV and V |
Gen 306.03 |
RSA 328-K:11, IV and V |
Gen 306.04 |
RSA 328-K:11, II |
Gen 306.05 |
RSA 326-K:4, III |
Gen 306.06 |
RSA 328-F:18, I; RSA 326-K:4 |
Gen 306.07 |
RSA 328-F:11, I(a); RSA 326-K:3 |