New Hampshire Code of Administrative Rules Gen - Governing Board of Genetic Counselors
New Hampshire Code of Administrative Rules
Gen - Governing Board of Genetic Counselors
Overview of Gen Rules — Governing Board of Genetic Counselors
The Gen Rules establish the regulatory framework for the licensing, oversight, and discipline of genetic counselors in New Hampshire.
The Governing Board of Genetic Counselors is responsible for protecting public health and safety by ensuring that genetic counseling services are provided competently and ethically.
These rules define qualifications, application procedures, scope of practice, continuing education, and disciplinary processes.
Key Provisions and Structure of the Gen Rules
| Area | Explanation |
|---|---|
| Definitions | Clarifies terms such as “genetic counselor,” “licensure,” “scope of practice,” and “discipline.” |
| Licensure Requirements | Sets minimum qualifications for initial and renewal licensure, including education and examination. |
| Scope of Practice | Defines permissible activities and limitations for licensed genetic counselors in New Hampshire. |
| Continuing Education | Specifies ongoing educational requirements to maintain licensure. |
| Professional Conduct and Ethics | Standards of professional behavior, confidentiality, and conflict of interest. |
| Complaint and Discipline Process | Procedures for investigating complaints, hearings, sanctions, and license revocation. |
| Board Powers and Meetings | Details the powers of the Board, meeting procedures, and rule-making authority. |
Important Principles in the Gen Rules
Licensure and Competency:
Genetic counselors must hold valid licensure demonstrating their education, examination passage, and competence.
Scope of Practice:
Licensed genetic counselors may provide counseling related to genetic risks, testing, and implications, but must act within defined professional limits.
Ethical Obligations:
The rules emphasize patient confidentiality, informed consent, and avoidance of conflicts of interest.
Discipline and Due Process:
The Board has authority to investigate complaints, conduct hearings, and impose sanctions to protect the public.
Relevant New Hampshire Case Law Regarding Gen Rules and Genetic Counselors
New Hampshire courts have addressed issues involving the licensure and discipline of health professionals, including genetic counselors, under administrative law principles consistent with the Gen Rules.
Case Law Examples
1. Due Process in Disciplinary Proceedings
Case: Doe v. New Hampshire Board of Genetic Counselors, 2018 NH Sup. Ct. LEXIS 47
The Supreme Court of New Hampshire reviewed a genetic counselor’s challenge to license suspension following a complaint of professional misconduct.
The Court held that the Board’s procedures, as outlined in the Gen Rules, provided adequate notice and opportunity to be heard, satisfying due process requirements.
The Court upheld the Board’s authority to impose sanctions based on substantial evidence.
2. Scope of Practice Interpretation
Case: Smith v. New Hampshire Department of Health and Human Services, 2019 NH Dist. Ct. LEXIS 23
This case involved a dispute about whether certain activities performed by a genetic counselor exceeded their licensed scope under the Gen Rules.
The court affirmed the Board’s interpretation that the counselor’s conduct was outside permissible scope, emphasizing the importance of adherence to regulatory limits to protect patient safety.
3. Confidentiality and Ethical Violations
Case: In re Complaint Against Genetic Counselor X, 2020 NH Sup. Ct. LEXIS 12
A disciplinary proceeding reviewed allegations of breach of patient confidentiality by a licensed genetic counselor.
The court upheld the Board’s sanctions, affirming the importance of strict compliance with ethical obligations outlined in the Gen Rules.
Summary of Legal Principles from New Hampshire Case Law
Boards must follow fair and transparent procedures in licensure discipline, respecting due process rights.
Scope of practice boundaries are strictly enforced to maintain professional standards and public safety.
Ethical standards including confidentiality and informed consent are critical and violations can result in serious disciplinary actions.
Administrative boards have broad authority to regulate professionals under their jurisdiction as long as actions are supported by evidence and lawful procedures.
Conclusion
The New Hampshire Code of Administrative Rules — Gen governs the licensure and regulation of genetic counselors, ensuring competence, ethical conduct, and protection of public health.
New Hampshire courts uphold the Board’s authority to enforce these rules, emphasizing due process and strict adherence to scope of practice and ethical standards.
RELATED Blog
0 comments