Cal. Code Regs. tit. 17 § 6303.1

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 6303.1 - Reasons for Denial and Revocation of Licensure

A genetic counselor license or temporary genetic counselor license shall be revoked, and the application for an initial license or license renewal shall be denied, by the Department if the licensee or applicant:

(a) Knowingly makes a false statement of fact or omits to state a fact on an application that would have resulted in the denial of a genetic counselor license or temporary genetic counselor license; or
(b) Has been denied or has forfeited certification from either the ABGC or the ABMG, as applicable; or
(c) Has been convicted of a felony charge substantially related to the qualifications, functions, or duties of a genetic counselor. A verdict of guilty or a plea of guilty or nolo contendere to a felony charge shall be deemed a conviction for the purposes of this Section; or
(d) Is found to be non-compliant with child support judgments or orders pursuant to Family Code Section 17520. If the applicant or licensee appears on a certified list as specified in subsection 17520(a)(3), but is otherwise eligible for an initial license or license renewal, he or she shall be issued a genetic counselor license or temporary genetic counselor license that is valid for only 150 days, in accordance with specifications of subsections 17520(e) and (f); or
(e) Appears on a certified list of tax delinquencies provided by the State Board of Equalization or the Franchise Tax Board as specified in Section 7063 or Section 19195 of the Revenue and Taxation Code. If the applicant or licensee is otherwise eligible for an initial license or license renewal, he or she shall be issued a genetic counselor license or temporary genetic counselor license that is valid for only 90 days, in accordance with specifications of Section 494.5 of the Business and Professions Code; or
(f) Has allegations of unprofessional conduct, including incompetence or gross negligence in performing genetic counseling services, upheld by the Department after implementing the process provided in Health and Safety Code Section 131071, that determines that the applicant or license holder has not adequately demonstrated that he or she has been rehabilitated and will present a threat to the health, safety, or welfare of patients; or
(g) Has been denied a genetic counselor license or temporary genetic counselor license, permission to practice genetic counseling, or permission to take a genetic counselor license examination in any state, territory, country, or U.S. federal jurisdiction; or
(h) Is a temporary genetic counselor licensee and fails to provide the required examination documentation specified in Section 6301.3 of this Subchapter; or
(i) Is a genetic counselor licensee and loses his or her certification granted by the ABGC or the ABMG; or
(j) Has been asked to surrender a license to practice genetic counseling in this or any other state; or
(k) Engages in the continued use of the title 'genetic counselor' or other title implying genetic counselor licensure or temporary genetic counselor licensure without obtaining such license by the Department, after receiving a warning by the Department to cease such use; or
(l) Commits a deliberate breach of confidentiality of patient information, or commits a breach of confidentiality subject to Section 124980 of the Health and Safety Code regarding the misuse of information; or
(m) Violates the terms of the regulations as set forth in this Subchapter; or
(n) Fails to comply with the provisions of the Health and Safety Code, Sections 124980, 124981 and 124982.

Cal. Code Regs. Tit. 17, § 6303.1

1. New article 3 (sections 6303.1-6303.3) and section filed 2-11-2013 as an emergency; operative 2-11-2013 pursuant to Health and Safety Code section 124977(d). Submitted to OAL by agency for filing and printing only pursuant to Health and Safety Code section 124977 (Register 2013, No. 7). Pursuant to Health and Safety Code section 124977(d)(2), these regulations shall remain in effect until revised or repealed by the department.
2. Statement of Compliance pursuant to Health and Safety Code section 124977(d)(1) as to 2-11-2013 order, including amendment of subsection (h) and NOTE, filed 10-31-2013. Exempt from OAL review pursuant to Health and Safety Code section 124977(d)(2). Submitted to OAL for filing and printing pursuant to Government Code section 11343.8 (Register 2013, No. 44).

Note: Authority cited: Sections 124977, 124980, 124981, 124982, 131052 and 131200, Health and Safety Code. Reference: Section 494.5, Business and Professions Code; Section 17520, Family Code; Sections 124980, 124981, 124982, 124996 and 131071, Health and Safety Code.

1. New article 3 (sections 6303.1-6303.3) and section filed 2-11-2013 as an emergency; operative 2-11-2013 pursuant to Health and Safety Code section 124977(d). Submitted to OAL by agency for filing and printing only pursuant to Health and Safety Code section 124977 (Register 2013, No. 7). Pursuant to Health and Safety Code section 124977(d)(2), these regulations shall remain in effect until revised or repealed by the department.
2. Statement of Compliance pursuant to Health and Safety Code section 124977(d)(1) as to 2-11-2013 order, including amendment of subsection (h) and Note, filed 10-31-2013. Exempt from OAL review pursuant to Health and Safety Code section 124977(d)(2). Submitted to OAL for filing and printing pursuant to Government Code section 11343.8 (Register 2013, No. 44).