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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsSeptember 2016

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24 DE Admin. Code 1799
After due notice in the Register of Regulations and two Delaware newspapers, a public hearing was held on March 4, 2016 at a scheduled meeting of the Genetic Counselor Advisory Council ("the Council") of the Board of Medical Licensure and Discipline ("the Board") to receive comments regarding proposed amendments to the Council's rules and regulations. The Council had proposed revisions to its rules and regulations pertaining to license renewal and continuing education requirements. Specifically, a new Section 4.4 has been added to provide that, as a condition of renewal, each licensee must maintain his/her certification with the American Board of Genetic Counseling, the American Board of Medical Genetics or an organization that is recognized as equivalent by the Board. The required number of continuing education units has been changed from five to three and the breakdown of hours has been revised accordingly. These changes were proposed in the interests of greater clarity for licensees.
The proposed changes to the rules and regulations were published in the Register of Regulations, Volume 19, Issue 8, on February 1, 2016. The public hearing took place on March 4, 2016 at a scheduled Council meeting. Notice of the March 4, 2016 hearing was published in the News Journal (Exhibit 1) and the Delaware State News. Exhibit 2. Pursuant to 29 Del.C. §10118(a), the date to receive final written comments was March 19, 2016, 15 days following the public hearing. The Council deliberated on the proposed revisions at its regularly scheduled meeting on July 15, 2016.
Council Exhibit 1: News Journal Affidavit of Publication.
Council Exhibit 2: Delaware State News Affidavit of Publication.
In deliberations, the Council noted a typographical error in Section 5.3.2.2. "PACs may substitute for up .06 Category 1 CEU" should read "PACS may substitute for up to 0.6 category 1 CEU."
Pursuant to the Administrative Procedures Act, 29 Del.C. §10118(c), if an agency makes a non-substantive change to a proposed regulation, the agency shall not be required to re-propose the regulation change and go through the hearing process again. Because the change here is the matter of placement of a period, this non-substantive change is indicated in the regulation attached hereto as Exhibit A.
Pursuant to 24 Del.C. §1799I(c), the Council has the statutory authority to promulgate rules and regulations governing the practice of genetic counseling after a public hearing and subject to the approval of the Board. Given the absence of comment, either by testimony or in writing, the Council recommends to the Board that it approve the rules and regulations as published, with one non-substantive change, and attached hereto as Exhibit A.
By the unanimous affirmative vote of the undersigned members, the Genetic Counselor Advisory Council hereby adopts the rules and regulations as published in the Register of Regulations of February 1, 2016, Volume 19, Issue 8 and recommends approval of such rules and regulations as amended to the Board of Medical Licensure and Discipline.
Respectfully submitted this 15th day of July, 2016.
AND NOW, this 19th day of July, 2016;
WHEREAS, the Board of Medical Licensure and Discipline has considered the attached recommendation of the Genetic Counselor Advisory Council for approval of amended rules and regulations related to license renewal and continuing education; and
WHEREAS, the Board has determined to approve the aforesaid rules and regulations as proposed by the Genetic Counselor Advisory Council and attached hereto as Exhibit A.
IT IS SO ORDERED this 19th day of July, 2016:
"Board" means Delaware Board of Medical Licensure and Discipline.
"Council" means the Genetic Counselor Advisory Council of the Board of Medical Licensure and Discipline.
"Crime Substantially Related to the Practice of Genetic Counseling" means those crimes identified in [Rule 29 Section 15.0] of the Rules and Regulations of the Board of Medical Licensure and Discipline.
4.2 Renewal may be effected by: License renewal shall be accomplished online at www.dpr.delaware.gov and shall include:
4.2.31 attesting on the renewal application to having completed attestation of completion of the continuing education required by [Rule Section] 5.0; and
4.2.42 payment of fees as determined by the Division of Professional Regulation.
4.35 Failure of a licensee to renew his/her license shall cause his/her license to expire. A licensee whose license has expired may renew his/her license within one (1) year after the expiration date upon fulfilling [items 4.2.1 - 4.2.4 and 4.2.2 subsections 4.2 - 4.4] above, certifying that he/she has not practiced genetic counseling in Delaware while his/her license has expired, and paying the renewal fee and a late fee as determined by the Division of Professional Regulation.
4.46 No licensee will be permitted to renew his/her license once the one (1) year period has expired.
4.57 The former licensee may re-apply under the same conditions that govern applicants for new licensure under 24 Del.C. Ch. 17, Subchapter 11.
4.68 No genetic counselor shall practice in the State of Delaware during the period of time that his/her Delaware license has expired.
5.1.1 Licensees are required to complete five (5) three (3) Continuing Education Units (CEU) biennially. A continuing education unit is equivalent to ten contact hours (a contact hour is 60 minutes). Licensees shall retain all certificates and other documented evidence of participation in an approved/accredited continuing education program for a period of at least (5) five years.
5.1.4 Licensees selected for random audit pursuant to [Rule Section] 6.0 will be required to supplement the attestation with attendance verification.
5.3.2.2 The percentage of CEUs obtained in each category should be scaled to fit the biennial renewal period. The breakdown of CEUs should shall be as follows: ABGC guidelines for recertification and be scaled for the renewal period. For example current guidelines state: at least 60% 2 Category 1 CEUs, and up to but no more than 40% 1 Category 2 CEU.s, PACs may substitute for up to [.06 0.6] Category 1 CEU.s for up to 20% of the total CEUs. Therefore, for a full 2 year renewal cycle the CEU breakdown should be comprised of at least 3.0 Category 1 CEUs, up to but no more than 2.0 Category 2 CEUs. If using PACs the breakdown would be as follows: at least 2.0 Category 1 CEUs, up to but no more than 2.0 Category 2 CEUs and up to but no more than 1.0 PACs.
Pursuant to 24 Del.C. §1799P(a)(6) the crimes determined by the Board to be substantially related to the practice of medicine are also determined to be substantially related to the practice of genetic counseling and may result in the denial of a license and/or disciplinary action against a licensee.
Last Updated: December 31 1969 19:00:00.
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