DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
DIRECTOR’S OFFICE
GENETIC COUNSELING – GENERAL RULES
Filed with the secretary of state on
These rules take effect immediately upon filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.
(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16145, 16148, 16174, 16201, 16204, 16287, 17091, 17092, and 17096 of the public health code, 1978 PA 368, MCL 333.16145, 333.16148, 333.16174, MCL 333.16201, 333.16204, 333.16287, 333.17091, 333.17092, and 333.17096, and Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1, and 2011-4, MCL 338.3501, 445.2001, 445.2011, and 445.2030)
R 338.2455, R 338.2457, R 338.2461, R 338.2463, R 338.2465, R 338.2471, R 338.2473, and R 338.2481 of the Michigan Administrative Code are amended, and R 338.2462 is added, as follows:
PART 1. GENERAL PROVISIONS
R 338.2455 Telehealth.
Rule 155. (1) A licensee shall
obtain Consent consent for treatment must be obtained
before providing a telehealth service under section 16284 of the code, MCL
333.16284.
(2) A licensee shall maintain proof Proof
of consent must be maintained in the patient’s up-to-date medical record
and retained in compliance with satisfy section 16213 of the
code, MCL 333.16213.
(3) A licensee providing a telehealth
service may prescribe a drug if the licensee is a prescriber acting within the
scope of his or her the licensee’s practice and in compliance
with section 16285 of the code, MCL 333.16285, and if he or she the
licensee does both of the following:
(a) If medically necessary, refers
Refers the patient to a provider that is geographically accessible to
the patient. patient, if medically necessary.
(b) Makes himself or herself the
licensee available to provide follow-up care services to the patient, or to
refer the patient to another provider, for follow-up care.
(4) A licensee providing any telehealth service shall do both of the following:
(a) Act within the scope of his or
her the licensee’s practice.
(b) Exercise the same standard of care applicable to a traditional, in-person health care service.
R 338.2457 Training standards for identifying victims of human trafficking;
requirements.
Rule 157. (1) Under section 16148 of
the code, MCL 333.16148, an individual seeking licensure or registration
or who that is licensed or registered shall complete
training in identifying victims of human trafficking that satisfies all of
the following standards:
(a) Training content must cover all of
the following:
(i) Understanding the types and venues of human trafficking in the United States.
(ii) Identifying victims of human trafficking in health care settings.
(iii) Identifying the warning signs of human trafficking in health care settings for adults and minors.
(iv) Resources Providing
resources for reporting the suspected victims of human trafficking.
(b) Acceptable providers or methods of training include any of the following:
(i) Training offered by a nationally recognized or state-recognized health-related organization.
(ii) Training offered by, or in conjunction with, a state or federal agency.
(iii) Training obtained in an
educational program that has been approved by the board under these
rules for initial licensure or registration, or by a college or university.
(iv) Reading an article related to
the identification of victims of human trafficking that satisfies the
requirements of subdivision (a) of this subrule and is published in a peer
review peer-reviewed journal, health care journal, or professional
or scientific journal.
(c) Acceptable modalities of training include any of the following:
(i) Teleconference or webinar.
(ii) Online presentation.
(iii) Live presentation.
(iv) Printed or electronic media.
(2) The department may select and audit a sample of individuals and request documentation of proof of completion of training. If audited by the department, an individual shall provide an acceptable proof of completion of training, including either of the following:
(a) Proof of completion certificate issued by the training provider that includes the date, provider name, name of training, and individual’s name.
(b) A self-certification statement by an individual. The certification statement must
include the individual’s name and either of the following:
(i) For training completed under subrule (1)(b)(i) to (iii) of this rule, the date, training provider name, and name of training.
(ii) For training completed under
subrule (1)(b)(iv) of this rule, the title of article, author, publication name
of peer review peer-review journal, health care journal, or
professional or scientific journal, and date, volume, and issue of publication,
as applicable.
(3) Under section 16148 of the code,
MCL 333.16148, the requirements specified in subrule (1) of this rule apply for
license or registration renewals beginning with the first 2025
renewal cycle after the promulgation of this rule and for initial licenses
or registrations issued 5 or more years after the promulgation of this rule.
licensure beginning April 15, 2026.
PART 2. LICENSURE
R 338.2461 Application for license; qualifications.
Rule 161. (1) In addition to
satisfying the requirements of the code, an An applicant for a
genetic counselor license shall satisfy the requirements of the code and the
rules promulgated under the code, as well as all of the following
requirements:
(a) Submit Provide the
required fee and a completed application on a form provided by the
department.
(b) Pay the required fee to the
department. Provide proof verifying current certification in good
standing from the ABGC or the ABMGG.
(c) Provide proof directly to the
department of current certification in good standing with the ABGC or the
ABMGG.
(2) In addition to satisfying the
requirements of the code, an An applicant for a temporary-licensed
genetic counselor license shall satisfy the requirements of the code and the
rules promulgated under the code, as well as all of the following
requirements:
(a) Submit Provide the
required fee and a completed application on a form provided by the
department.
(b) Pay the required fee to the
department. Provide proof verifying active candidate status from the
ABGC or the ABMGG.
(c) Provide proof
directly to the department of active candidate status with the ABGC or the
ABMGG. Provide proof verifying that the applicant will be supervised
by a qualified supervisor in this state.
(3) An applicant shall have his or
her license, certification, or registration verified by the licensing agency of
any state of the United States in which the applicant holds a current license,
certification, or registration or has ever held a license, certification, or registration
as a genetic counselor or temporary-licensed genetic counselor. If applicable,
verification must include the record of any disciplinary action taken or pending
against the applicant.
R 338.2462 Application for license by endorsement; qualifications.
(a) Provide the required fee and a completed application on a form provided by the department.
(b) Provide proof verifying the holding of a current and full genetic counselor license in another state or in a province of Canada.
(c) Provide proof verifying current certification in good standing from the ABGC or the ABMGG.
(2) An applicant that is or has been licensed, registered, or certified in a health profession or specialty by any other state, the United States military, the federal government, or another country shall disclose that fact on the application form. The applicant shall satisfy the requirements of section 16174(2) of the code, MCL 333.16174, including verification from the issuing entity showing that disciplinary proceedings are not pending against the applicant and sanctions are not in force when applying. If licensure is granted and it is determined that sanctions have been imposed, the disciplinary subcommittee may impose appropriate sanctions under section 16174(5) of the code, MCL 333.16174.
R 338.2463 Relicensure. Application
for relicensure; qualifications.
Rule 163. (1) An applicant whose
license has lapsed for less than 3 years preceding the date of application for
relicensure may be relicensed within 3 years after the expiration date
of the license under section 16201(3) of the code, MCL 333.16201, if the
applicant satisfies the requirements of the code and the rules promulgated
under the code, as well as all of the following requirements:
(a) Submits Provides the
required fee and a completed application on a form provided by the
department.
(b) Pays the required fee to the
department. Provides proof verifying 1 of the following, as applicable:
(i) If applying for relicensure as a genetic counselor, current certification in good standing from the ABGC or the ABMGG.
(ii) If applying for relicensure as a temporary-licensed genetic counselor, active candidate status from the ABGC or the ABMGG.
(c) Provides proof
of 1 of the following directly to the department, as applicable: Establishes
good moral character as that term is defined under 1974 PA 381, MCL 338.41 to
338.47.
(i) If applying for relicensure
as a genetic counselor, current certification in good standing with the ABGC or
the ABMGG.
(ii) If applying for relicensure
as a temporary-licensed genetic counselor, active candidate status with the
ABGC or the ABMGG.
(d) Establishes that he or she is
of good moral character as defined under 1974 PA 381, MCL 338.41 to 338.47.
If applying for relicensure as a temporary-licensed genetic counselor,
provides proof verifying that the applicant will be supervised by a qualified
supervisor in this state.
(e) If applying for relicensure as
a temporary-licensed genetic counselor, provides proof acceptable to the
department that he or she will be supervised by a qualified supervisor in this
state.
(2) An applicant whose license has
lapsed for 3 years or more preceding the date of application for relicensure
may be relicensed more than 3 years after the expiration date of the license
under section 16201(4) of the code, MCL 333.16201(4), if the
applicant satisfies the requirements of the code and the rules promulgated
under the code, as well as all of the following requirements:
(a) Submits Provides the
required fee and a completed application on a form provided by the
department.
(b) Pays the required fee to the
department. Provides proof verifying 1 of the following, as applicable:
(i) If applying for relicensure as a genetic counselor, current certification in good standing from the ABGC or the ABMGG.
(ii) If applying for relicensure as a temporary-licensed genetic counselor, active candidate status from the ABGC or the ABMGG.
(c) Provides proof of 1 of the
following directly to the department, as applicable: Establishes good
moral character as that term is defined under 1974 PA 381, MCL 338.41 to 338.47.
(i) If applying for relicensure
as a genetic counselor, current certification in good standing with the ABGC or
the ABMGG.
(ii) If applying for relicensure
as a temporary-licensed genetic counselor, active candidate status with the ABGC
or the ABMGG.
(d) Establishes that he or she is
of good moral character as defined under 1974 PA 381, MCL 338.41 to 338.47.
Provides fingerprints as required under section 16174(3) of the code, MCL
333.16174.
(e) Submits fingerprints as
required under section 16174(3) of the code, MCL 333.16174. If applying
for relicensure as a temporary-licensed genetic counselor, provides proof verifying
that the applicant will be supervised by a qualified
supervisor in this state.
(f) If applying for relicensure as
a temporary-licensed genetic counselor, provides proof acceptable to the
department that he or she will be supervised by a qualified supervisor in this
state.
(3) An applicant shall have his or
her license, certification, or registration verified by the licensing agency of
any state of the United States in which the applicant holds a current license,
certification, or registration or has ever held a license, certification, or registration
as a genetic counselor or temporary-licensed genetic counselor. If applicable,
verification must include the record of any disciplinary action taken or
pending against the applicant. An applicant that is or has been
licensed, registered, or certified in a health profession or specialty by any
other state, the United States military, the federal government, or another
country shall disclose that fact on the application form. The applicant shall
satisfy the requirements of section 16174(2) of the code, MCL 333.16174, including
verification from the issuing entity showing that disciplinary proceedings are
not pending against the applicant and sanctions are not in force when applying.
If licensure is granted and it is determined that sanctions have been imposed,
the disciplinary subcommittee may impose appropriate sanctions under section
16174(5) of the code, MCL 333.16174.
R 338.2465 Application for renewal of license; qualifications.
Rule 165. (1) An applicant for renewal
of a genetic counselor license shall satisfy the requirements of the code
and the rules promulgated under the code, as well as all of the
following requirements:
(a) Submit Provide the
required fee and a completed application on a form provided by the
department.
(b) Pay the required fee to the
department. Provide proof verifying current certification in good
standing from the ABGC or the ABMGG.
(c) Provide
proof directly to the department of current certification in good standing with
the ABGC or the ABMGG. Satisfy the requirements under R 338.2471, as
applicable.
(d) Satisfy the requirements under
R 338.2471, as applicable.
(2) An applicant for renewal of a
temporary-licensed genetic counselor license shall satisfy the requirements
of the code and the rules promulgated under the code, as well as all of
the following requirements:
(a) Submit Provide the
required fee and a completed application on a form provided by the
department.
(b) Pay the required fee to the
department. Provide proof verifying active candidate status from the
ABGC or the ABMGG.
(c) Provide proof directly to the
department of active candidate status with the ABGC or the ABMGG. Provide
proof verifying that the licensee will be supervised by a qualified supervisor
in this state.
(d) Provide proof acceptable to
the department that he or she will be supervised by a qualified
supervisor in this state.
(3) An applicant shall have his or
her license, certification, or registration verified by the licensing agency of
any state of the United States in which the applicant holds a current license,
certification, or registration or has ever held a license, certification, or registration
as a genetic counselor or temporary-licensed genetic counselor. If applicable,
verification must include the record of any disciplinary action taken or
pending against the applicant. A temporary-licensed genetic counselor
license may be renewed 4 times.
(4) A temporary-licensed genetic
counselor license may be renewed not more than 5 years.
PART 3. CONTINUING EDUCATION
R 338.2471 License renewals.
Rule 171. (1) This part applies to an
application for renewal of a genetic counselor license under R 338.2465 and
sections 16201 and 17091 of the code, MCL 333.16201 and MCL 333.17091.
(2) An applicant for license renewal who
that has been licensed in the 3-year period immediately preceding the
application for renewal shall accumulate a minimum of 75 contact hours of
continuing education in activities approved by the board under R
338.2473 during the 3 years immediately preceding the application for renewal.
(3) Submission of an application for
renewal constitutes the applicant’s certification of compliance with the
requirements of this rule. The licensee shall retain documentation of
satisfying the requirements of this rule for 4 years from after the
date of applying for license renewal. Failure to satisfy this rule is a
violation of section 16221(h) of the code, MCL 333.16221.
(4) The department may select and audit
a sample of licensees who that have renewed their license and
request proof of compliance with subrule (2) of this rule. If audited, a
licensee shall submit provide documentation as specified in R
338.2473.
R 338.2473 Acceptable continuing education; requirements; limitations.
Rule 173. (1) The 75 contact hours of continuing education required under R 338.2471 must satisfy the following requirements, as applicable:
(a) Credit for a continuing education
program or activity that is identical or substantially identical equivalent
to a program or activity for which the licensee has already earned credit
during the renewal period cannot be granted.
(b) A minimum of 1 contact hour of
continuing education must be earned in the area of medical ethics.
(c) A minimum of 1 contact hour of
continuing education must be earned in the area of pain and symptom
management under section 16204 of the code, MCL 333.16204. Continuing
education contact hours in pain and symptom management may include, but are not
limited to, any of the following areas:
(i) Public health burden of pain.
(ii) Ethics and health policy related to pain.
(iii) Michigan pain and controlled substance laws.
(iv) Pain definitions.
(v) Basic sciences related to pain including pharmacology.
(vi) Clinical sciences related to pain.
(vii) Specific pain conditions.
(viii) Clinical physician communication related to pain.
(ix) Management of pain, including evaluation and treatment and non-pharmacological and pharmacological management.
(x) Ensuring quality pain care.
(xi) Michigan programs and resources relevant to pain.
(2) The board considers any of the
following activities as are acceptable continuing education:
|
Activity and Proof of Completion |
Number of Continuing Education Contact
Hours Granted/ |
(a) |
Attendance at or participation in a continuing education program or activity related to the practice of genetic counseling that includes, but is not limited to, live in-person programs, interactive or monitored teleconference, audio-conference, or web-based programs, online programs, and journal articles with a self-study component or other self-study programs approved or offered by any of the following organizations: · Accreditation Council for Continuing Medical Education. · American College of Medical Genetics and Genomics. · American College of Obstetricians and Gynecologists. · American Medical Association. · American Nurses Credentialing Center’s Commission on Accreditation. · American Osteopathic Association. · American Society for Reproductive Medicine. · Michigan Association of Genetic Counselors. · Michigan Osteopathic Association. · Michigan State Medical Society. · National Society of Genetic Counselors. · Society for Maternal Fetal Medicine.
If audited, the licensee shall |
The number of continuing education contact hours credit for a specific program or activity is the number of contact hours approved by the sponsor or the approving organization for the specific program.
A minimum of 45 hours of continuing education credit must be earned in this activity in each renewal period.
A maximum of 75 contact hours of continuing education credit may be earned for this activity in each renewal period. |
(b) |
Serving as a clinical supervisor for a
student at a site used by an Accreditation Council for Genetic Counseling
To receive credit, the clinical supervision must not be the licensee’s primary employment function.
If audited, the licensee shall |
Five contact hours of continuing education credit is granted for a minimum of 25 hours of direct clinical supervision.
A maximum of 30 contact hours of continuing education credit may be earned for this activity in each renewal period. |
(c) |
Publication of an article or chapter in a peer-reviewed journal or book related to practice-based competency.
If audited, the licensee shall |
Ten contact hours of continuing education credit is granted for serving as the first, second, or senior author.
Five contact hours of continuing education credit is granted for serving as any other author that is not first, second, or senior author.
A maximum of 10 contact hours of continuing education credit may be earned per article or chapter.
A maximum of 30 contact hours of continuing education credit may be earned for this activity in each renewal period. |
(d) |
Service in a leadership position role as a board member, chair, or leader of a genetics-related organization.
If audited, the licensee shall |
Five contact hours of continuing education credit is granted for 25 hours of service for each organization.
A maximum of 30 contact hours of continuing education credit may be earned for this activity in each renewal period. |
(e) |
Serving as an instructor for a graduate-level course in an area related to genetics competency.
To receive credit, the instructorship must not be the licensee’s primary employment function.
If audited, the licensee shall provide document titles, course description, faculty list of each course, dates of all courses, scheduled instructional hours, and a letter from the program director verifying the licensee’s role. |
Five contact hours of continuing education credit is granted for a minimum of 5 hours of teaching.
A maximum of 10 contact hours of continuing education credit may be earned for each course.
A maximum of 30 contact hours of continuing education credit may be earned for this activity in each renewal period. |
(f) |
Serving as a
If audited, a licensee shall |
Two contact hours of continuing education credit is granted for each manuscript reviewed.
A maximum of 30 contact hours of continuing education credit may be earned for this activity in each renewal period. |
PART 4. STANDARDS OF PRACTICE
R 338.2481 Certification; active candidate status; requirement.
Rule 171. (1) A genetic counselor licensee shall maintain certification with the ABGC or the ABMGG.
(2) A temporary-licensed genetic counselor license automatically expires upon issuance of a genetic counselor license or upon loss of active candidate status with the ABGC or the ABMGG. A licensee shall report to the department a change in active candidate status not later than 30 days after the change occurs.