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; ss by #14337, eff 10-7-25, EXPIRES: 10-7-35

 

          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.

 

Source.  #10686, eff 10-7-14; ss by #14337, eff 10-7-25, EXPIRES: 10-7-35

 

          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; ss by #14337, eff 10-7-25, EXPIRES: 10-7-35

 

          Gen 301.04  “Provisional license” means a license to practice as a genetic counselor issued by the office of professional licensure and certification (OPLC) 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; ss by #14337, eff 10-7-25, EXPIRES: 10-7-35

 

PART Gen 302  INITIAL LICENSURE TO PRACTICE GENETIC COUNSELING

 

          Gen 302.01  Types of Initial Licensure.  The OPLC 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; ss by #14337, eff 10-7-25, EXPIRES: 10-7-35

 

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:

 

(1)  Complete and submit the “Universal Application for Initial License”, dated April 2024, which contains the information required by Plc 304.03, the documentation required by Plc 304.04, and the signature and attestation specified in Plc 304.05;

 

(2)  Submit the required documents specified by Gen 303.02 and Gen 303.03, as applicable; and

 

(3)  Submit the application processing and licensing fees specified by Plc 1002.18.

 

          (b)  The OPLC shall process the application in accordance with Plc 304.09.

 

          (c)  If the application is denied, the applicant can request a rehearing pursuant to Plc 203.31.

 

          (d)  Applications about which there has been no communication from the applicant to the OPLC for 60 days shall be governed by Plc 304.06.

 

Source.  #10686, eff 10-7-14; ss by #13555, eff 4-11-23; ss by #14337, eff 10-7-25, EXPIRES: 10-7-35

 

          Gen 303.02  Documents Required of Applicants For Full and Provisional Licensure.  Applicants for full or provisional licensure shall complete and submit an “Addendum to Initial Application for Genetic Counselors”, revised April 2025, along with the following:

 

          (a)  A copy of the applicant’s current certificate issued by one of the following:

 

(1)  The American Board of Genetic Counseling (ABGC) or its successor organization or;

 

(2)  The American Board of Medical Genetics (ABMG) or its successor organization; and

 

(b)  A letter sent directly to the OPLC 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); ss by #14337, eff 10-7-25, EXPIRES: 10-7-35

 

          Gen 303.03  Documents Required of Applicants For Provisional Licensure.  Applicants for provisional licensure shall provide, or arrange for the OPLC to receive, the following documents supporting their applications:

 

          (a)  Documentation that the applicant has been authorized to take a certification exam by a certifying agency; and

 

          (b)  The supervision form described in Gen 306.06.

 

Source.  #10686, eff 10-7-14; ss by #13555, eff 4-11-23 (formerly Gen 303.05); ss by #14337, eff 10-7-25, EXPIRES: 10-7-35

 

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; and

 

          (c)  Good professional character and reliability as evidenced by:

 

(1)  The answers to the questions from the application form specified in Plc 304.03; and

 

(2)  The criminal offender record report(s) required by RSA 328-F:18-a.

 

Source.  #10686, eff 10-7-14; ss by #13555, eff 4-11-23; ss by #14337, eff 10-7-25, EXPIRES: 10-7-35

 

PART Gen 305  ELIGIBILITY FOR PROVISIONAL LICENSURE

 

          (a)  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(a);

 

          (c)  Good professional character and reliability as evidenced by:

 

(1)  The answers to the questions from the application form specified in Plc 304.03 and Plc 304.04; and

 

(2)  The criminal offender record report(s) required by RSA 328-F:18-a.

 

Source.  #10686, eff 10-7-14; ss by #13555, eff 4-11-23; ss by #14337, eff 10-7-25, EXPIRES: 10-7-35

 

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, to the OPLC for board review, a supervision form described in Gen 306.06.

 

          (b)  The provisional licensee shall receive confirmation from the OPLC 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 their 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 of a genetic counselor or physician who meets the qualifications in (c)(1) above.

;

 

Source.  #10686, eff 10-7-14; ss by #13555, eff 4-11-23; ss by #14337, eff 10-7-25, EXPIRES: 10-7-35

 

          Gen 306.02  Obligations of Provisional Licensees.

 

          (a)  Before the beginning of supervision, each supervisor who provides some or all of the supervision to the provisional licensees shall:

 

(1)  Give to the provisional licensee a copy of Gen 306.03, Gen 306.04, and the supervision form described in Gen 306.06; and

 

(2)  Discuss the required supervision with the provisional licensee.

 

          (b)  The provisional licensee shall resubmit a completed supervision form to the OPLC, yearly, on the anniversary of the date the provisional license was issued.

 

          (c)  Whenever the individual(s) providing supervision are replaced by another supervisor, the provisional licensees shall notify the OPLC within 15 days of the change.

 

          (d)  When provisional licensees have completed the required supervised practice, the supervisor shall submit their supervisory opinion described in Gen 306.03(g) to the OPLC 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 OPLC on behalf of the board.

 

Source.  #10686, eff 10-7-14; ss by #13555, eff 4-11-23; ss by #14337, eff 10-7-25, EXPIRES: 10-7-35

 

          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 OPLC on behalf of 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; ss by #14337, eff 10-7-25, EXPIRES: 10-7-35

 

          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)  Sixty days after the issuance of a passing score on the national examination;

 

          (b)  The date the OPLC on behalf of the board issues a full license;

 

          (c)  The date the OPLC on behalf of 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; ss by #14337, eff 10-7-25, EXPIRES: 10-7-35

 

          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.

 

          (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; ss by #14337, eff 10-7-25, EXPIRES: 10-7-35

 

          Gen 306.06  Supervision Form.

 

          (a) The “Supervision Form” shall:

 

(1)  Include the information specified in (b) and (c), below and;

 

(2)   Be signed and dated by the supervisor below the following preprinted statement which asserts:

 

“By signing this form I state that I have read and understood the applicable rules of supervision or order of the Board for supervision, agree to undertake the duties of supervision set forth in the rules or order of the Board, agree to be responsible for the acts and omissions of any person to whom I delegate the duties of supervision, and acknowledge that my own or my delegate’s failure to comply with the rules or order of the Board might result in disciplinary sanctions.”

 

          (b) The first section of the “Supervision Form”, shall be completed by the person being supervised and shall include:

 

(1)  The name and license number of the person being supervised;

 

(2)  A description of the purpose of the supervision;

 

(3)  A check mark to indicate if the person being supervised is a provisional licensee; and

 

(4) The name, mailing address, and telephone number of the place of employment of the person being supervised.

 

          (c) The second section of the “Supervision Form”, shall be completed by the supervisor and shall include:

 

(1)  The name, profession, license number, and state of licensure of the supervisor;

 

(2) The name, mailing address, and telephone number of the supervisor’s place of employment;

 

(3)  The name, location, and phone number of the site where the supervision will take place; and

 

(4)  The dates the supervision started and ended.

 

Source.  #10686, eff 10-7-14; ss by #13555, eff 4-11-23; ss by #14337, eff 10-7-25, EXPIRES: 10-7-35

 

          Gen 306.07  Eligibility For Full Initial Licensure of Provisional Licensees.  The OPLC 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; ss by #14337, eff 10-7-25, EXPIRES: 10-7-35

 


APPENDIX

 

 

Rule

Specific State Statute the Rule Implements

Gen 301.01

RSA 326-K:4, IV

Gen 301.02

RSA 326-K:4, IV

Gen 301.03

RSA 328-F:11, I(a); RSA 326-K:3, I

Gen 301.04

RSA 326-K:4

Gen 302.01

RSA 328-F:11, I(a); RSA 326-K:3; RSA 326-K:4

Gen 303.01

RSA 326-K:4, RSA 326-K:3

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:4, I and II

Gen 306.01

RSA 326-K:4, IV and V

Gen 306.02

RSA 326-K:4, IV and V

Gen 306.03

RSA 328-K:4, IV and V

Gen 306.04

RSA 328-K:4, II

Gen 306.05

RSA 326-K:4, III

Gen 306.06

RSA 326-K:4, IV

Gen 306.07

RSA 326-K:3