Ala. Admin. Code r. 405-X-2-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 405-X-2-.02 - Grounds For Discipline Of A Licensee Or Denial Of Renewal Or Reinstatement

(1) The Board may reprimand, fine, probate, suspend, revoke or otherwise discipline any genetic counselor upon proof that the person:

(a) Is guilty of fraud or deceit in procuring or attempting to procure a license by:

1. Filing false, forged or altered documents or credentials, including required continuing education documentation.

2. Misrepresenting or falsifying facts in applying for original licensure, renewal, reactivation, or reinstatement of license.

3. Having another person appear for a licensing or certification examination.

(b) Has been convicted of a felony offense.

(c) Has been convicted of, or has entered a plea of no contest, nolo contendere, nolo contendre, or has entered a plea of guilt, regardless of court disposition (including adjudication withheld), to a charged criminal act involving moral turpitude or of gross immorality that would tend to bring reproach upon the genetic counseling profession. Such criminal acts include, but are not limited to, offenses involving drugs, theft, lewdness, sexual misconduct, abuse, violence, fraud, or any other conduct deemed detrimental to the public's health, safety or welfare.

(d) Is impaired due to the use of alcohol, or is addicted to the use of habit-forming drugs to such an extent as to render the genetic counselor unsafe or unreliable which includes but is not limited to:

1. Testing positive for alcohol and/or unauthorized drugs.

2. Misappropriation or diversion of drugs from the workplace.

3. A pattern of abuse or misuse of habit forming or mood-altering drugs or alcohol.

4. Impairment while on duty due to the use of drugs or alcohol.

5. Refusal to submit to drug screen for cause.

6. The use of alcohol or habit forming or mood-altering drugs to the extent that medical or psychiatric treatment, rehabilitation, or counseling is medically determined or otherwise recommended by a legally authorized practitioner.

(e) Has been convicted of any violation of a federal or state law relating to controlled substances, including misdemeanor and felony offenses.

(f) Is guilty of unprofessional conduct of a character likely to deceive, defraud, or injure the public in matters pertaining to health, which includes but is not limited to:

1. Failure to comply with the Alabama Genetic Counselor Act and rules and regulations as well as federal, state or local laws, rules or regulations applicable to the area of genetic counseling practice.

2. Failure to practice genetic counseling in accordance with the standards of practice adopted by the Board.

3. Practice beyond the scope of practice as determined by, but not limited to educational preparation; license status; state and federal statutes and regulations; state and national standards appropriate to the type of practice; genetic counseling experience; standardized procedures; knowledge, skills and ability to manage risks and potential complications; and required instruction and supervision.

4. Failure to use appropriate judgment in practicing genetic counseling judgment.

5. Failure to demonstrate competence in administering or carrying out patient care.

6. Failure to make entries, destroying or altering entries, charting before assessment or delivery of care, or making false entries in patient, employer, or employee records.

7. Failure to timely, accurately, legibly, and completely report and document on appropriate records a patient's status, including signs and symptoms, responses, treatments, medications, other genetic counseling rendered, communication of pertinent information to other health team members, and unusual occurrences involving the patient.

8. Assigning patient care in a manner that fails to take into consideration patient safety.

9. Assigning genetic counseling functions to others who lack the educational preparation, license, credentials, competence, experience, knowledge, or physical, mental or emotional ability to perform the assigned functions.

10. Failure to provide adequate supervision, management, or training of individuals to whom genetic counseling functions or responsibilities are delegated or assigned.

11. Gross negligence in the practice of genetic counseling.

12. Abandoning or neglecting patients. A certified copy of the record of a state or federal agency that substantiated neglect of a patient shall be conclusive evidence of patient neglect.

13. Failure to safeguard the patient's dignity, right to privacy, and confidential health information.

14. Intentionally or negligently causing or permitting physical, sexual, emotional, or verbal abuse of a patient, willfully harassing or intimidating a patient. A certified copy of the record of a state or federal agency that substantiated patient abuse shall be conclusive evidence of abuse, harassment, or intimidation of a patient.

15. Violating professional boundaries of the genetic counselor-patient relationship that includes but is not limited to:

(i) Sexual or intimate conduct with a patient, patient's immediate family member(s) or significant other(s); or

(ii) Emotional or financial exploitation of the patient or the patient's immediate family member(s) or significant other(s).

16. Exhibiting unethical or unprofessional conduct or behavior in the workplace.

17. Engaging in fraud, deceit or misrepresentation in seeking employment, practicing, or seeking to practice that includes but is not limited to:

(i) Alteration of a temporary permit, identification card or license,

(ii) Falsification of credentials,

(iii) Falsification of employment records, or

(iv) Representing oneself as a genetic counselor without a license. Representation as a genetic counselor includes using in connection with a person's practice the words "genetic counselor," "licensed genetic counselor," "gene counselor," "genetic consultant," "genetic associate," or any words, letters, abbreviations, or insignia indicating or implying the individual holds a genetic counseling license.

18. Commission of fraudulent acts in advertising, insurance, or in billing for services, which includes, but is not limited to:

(i) Medicare or other federal government programs,

(ii) Medicaid or other state government programs, and

(iii) Commercial insurance or health plan.

19. Aiding, abetting, or assisting an individual to violate or circumvent any law or rule intended to guide the conduct of a genetic counselor or any other licensed health care provider.

20. Failure to ensure verification of current Alabama licensure and credentials of genetic counseling personnel for whom the genetic counselor is administratively responsible.

21. Personal use of unauthorized or illegal drugs or substances or obtaining, furnishing or administering drugs or controlled substances to any person, except as directed by a legally authorized prescriber.

22. Appropriating anything of value, use or benefit, including but not limited to:

(i) Any real or personal property of the patient, employer, or any other person or entity; or

(ii) Failing to take precautions to prevent such misappropriation.

23. Practicing while the mental or physical ability to practice is impaired by any mood-altering drugs or substances or by a physical, mental, or emotional disorder that renders the genetic counselor unable to perform with reasonable skill and safety.

24. Failure to report illegal, substandard, unethical, unsafe or incompetent genetic counseling practices.

25. Having a license denied, conditionally issued, reprimanded, placed on probation, suspended, revoked, or voluntarily surrendered in another state, territory or country, or having been court-martialed or administratively discharged by a branch of the United States Armed Forces for any act or conduct which would constitute grounds for disciplinary action in this state. A certified copy of the record of the agency that took such action shall be conclusive evidence of the grounds for discipline.

(g) Has failed to respond to official Board correspondence, including but not limited to requests for information, subpoenas, or notices.

(h) Has willfully or repeatedly violated any of the provisions of a statute or rule that includes but is not limited to:

1. Practicing or seeking to practice genetic counseling without a current license.

2. Impersonating an applicant for licensure or another licensed practitioner or permitting or allowing another person to use the genetic counseling license.

3. Continued violation of statute or rule after notice by the Board.

4. Failure to comply with any stipulated terms and conditions of any Board order or contract.

(i) Failed to comply with continuing education requirements.

(j) Submitted payment of any fees or fines to the Board with a worthless check, invalid credit card, or by any other method that is not honored by the financial institution.

(k) Poses a risk to public safety for any other reasons stated by law.

(l) Violates the code of ethics adopted and published by the National Association of Genetic Counselors or its successor organization.

Ala. Admin. Code r. 405-X-2-.02

Adopted by Alabama Administrative Monthly Volume XXXIX, Issue No. 03, December 31, 2020, eff. 2/14/2021.

Author: Alabama Board of Genetic Counseling

Statutory Authority:Code of Ala. 1975, § 34-13A-3, et seq.