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

Specific State Statute the Rule Implements

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