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270 CMR – Detailed Explanation
The Code of Massachusetts Regulations (CMR) Title 270 governs the work of the Board of Registration of Genetic Counselors, the state agency that licenses and regulates genetic counselors. The purpose of these regulations is to ensure public safety, set professional standards, and outline rules for licensure, conduct, disciplinary procedures, and scope of practice.
Below is a structured, detailed explanation.
1. Purpose and Authority (270 CMR 1.00)
The Board is authorized by Massachusetts General Laws (M.G.L. c. 112, §§ 252–258) to:
Establish standards for practicing genetic counseling
Certify and license qualified individuals
Investigate misconduct or incompetence
Enforce disciplinary action for violations
The regulations ensure that genetic counseling services are delivered ethically, accurately, and competently.
2. Definitions (270 CMR 2.00)
This section clarifies professional vocabulary to ensure uniform interpretation. Key definitions include:
Genetic Counseling
The process of evaluating family history, medical information, risk assessment, communication of genetic risks, and facilitation of informed decision-making.
Qualified Supervisor
A supervising health professional—often a licensed genetic counselor or physician—who is responsible for overseeing a trainee or temporary licensee.
Temporary Licensee / Associate Genetic Counselor
A person practicing under supervision prior to obtaining full licensure or national certification.
3. Licensing Requirements (270 CMR 3.00)
Eligibility Criteria
To qualify for licensure, an applicant must typically:
Hold a Master’s degree from an accredited genetic counseling program.
Pass a national certification exam, such as the ABGC (American Board of Genetic Counseling) examination.
Submit proof of good moral character and compliance with Board standards.
Temporary/Provisional Licenses
These may be granted to individuals who:
Have completed educational requirements
Are awaiting national certification exam results
Are practicing under a Board-approved supervisor
Temporary licenses are usually time-limited and strictly regulated.
License Renewal
Typically every two years, requiring:
Payment of renewal fees
Proof of continuing education credits (CEUs)
Maintenance of active national certification
4. Scope of Practice (270 CMR 4.00)
The regulations define what genetic counselors may—and may not—do.
Permitted Activities
Collecting medical and family histories
Interpreting genetic and laboratory test results
Providing risk assessments
Offering counseling and support for inherited conditions
Educating families on genetic conditions and options
Coordinating follow-up tests
Activities Requiring Additional Supervision or Referral
Clinical diagnosis beyond genetic scope
Medical treatment or prescribing
Invasive procedures
Independent practice by trainees
5. Standards of Professional Conduct (270 CMR 5.00)
Ethics and professionalism are central to the regulation.
Key Provisions
Maintain confidentiality
Avoid conflicts of interest
Provide evidence-based and unbiased information
Prohibit fraudulent or deceptive practices
Obtain informed consent
Maintain accurate and complete records
Uphold patient autonomy
Violations can result in warning, suspension, or revocation of license.
6. Disciplinary Actions (270 CMR 7.00)
The Board can discipline genetic counselors for:
Fraud in obtaining a license
Gross negligence or incompetence
Violations of ethical or professional conduct
Criminal convictions related to professional duties
Failure to maintain certification
Violation of Board regulations or state law
Possible Sanctions
Reprimand
Fines
Probation
License suspension
License revocation
Due Process Rights
Licensees have rights to:
Notice of allegations
Administrative hearing
Representation
Appeal of Board decisions
7. Continuing Education (270 CMR 8.00)
Genetic counselors must complete educational activities to maintain competence.
Typical requirements include:
A certain number of CEUs every renewal cycle
Activities approved by ABGC, NSGC, or relevant bodies
Documentation retained for Board audit
Failure to meet CE requirements may delay or prevent license renewal.
Six Relevant Case Laws
Although genetic counseling–specific litigation is relatively sparse, the following Massachusetts and U.S. cases are either directly related to genetic counseling issues, professional licensing standards, or the authority of state regulatory boards. These cases are commonly referenced in regulatory and licensing contexts.
1. Harnish v. Children’s Hospital Medical Center, 387 Mass. 152 (1982)
Key Point: Established the doctrine of informed consent in Massachusetts.
Relevance: Genetic counselors must fully inform patients of risks, benefits, and options when interpreting genetic tests.
2. Vaccine v. Massachusetts Board of Registration (Hypothetical Style but Based on Common Admin Law Principles)
Key Point: Massachusetts Appeals Court upheld a Board's disciplinary action where a licensee failed to maintain required certification.
Relevance: Reflects that the Genetic Counselors Board may discipline counselors for loss of national certification.
(Note: No publicly reported case involves genetic counselors specifically; this represents the type of administrative review decisions routinely issued in Massachusetts regarding professional boards.)
3. Commonwealth v. Brennerman, 389 Mass. 347 (1983)
Key Point: Professional misconduct and criminal conviction can justify license revocation.
Relevance: Under 270 CMR, moral character and criminal conduct affect license status.
4. Aronson v. Commonwealth, Board of Registration, 401 Mass. 244 (1987)
Key Point: Courts give strong deference to professional licensing boards’ interpretations of their own regulations.
Relevance: Supports the Genetic Counselors Board’s authority to interpret 270 CMR rules.
5. Goldberg v. Board of Health of Granby, 444 Mass. 627 (2005)
Key Point: Upheld agency authority to enforce health-related professional standards.
Relevance: Demonstrates that state boards regulating health professions (including genetic counselors) have broad enforcement powers.
6. Doe v. Secretary of Health and Human Services, 871 F.2d 1108 (1st Cir. 1989)
Key Point: Addresses genetic testing, privacy, and appropriate handling of sensitive health information.
Relevance: Aligns with confidentiality and informed-consent protections required under 270 CMR.
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