[§451K-5]  Exemptions.  (a)  This
chapter does not prohibit any persons legally regulated in this State by any
other law from engaging in the practice for which they are authorized as long
as they do not represent themselves by the title of "genetic counselor"
or "licensed genetic counselor".  This chapter shall not prohibit the
practice of nonregulated professions whose practitioners are engaged in the
delivery of human services as long as these practitioners do not represent
themselves as or use the title of "genetic counselor" or
"licensed genetic counselor".



(b)  Nothing in this chapter shall be construed
to limit the activities and services of:



(1)  A student, intern, resident, or fellow in
genetics or genetic counseling seeking to fulfill educational requirements to
qualify for a license under this chapter if those activities and services
constitute a part of that individual's supervised course of study;



(2)  An individual seeking to fulfill the post-degree
practice requirements to qualify for licensing under this chapter, as long as
the activities and services are supervised by a licensed genetic counselor or
physician.  A student, intern, resident, or fellow shall be designated by the
title "intern", "resident", "fellow", or any
other designation of trainee status; or



(3)  An American Board of Genetic Counseling or an
American Board of Medical Genetics certified genetic counselor who is brought
into the State as a consultant to train health care providers within the State. 
Nothing contained in this subsection shall be construed to permit students,
interns, residents, fellows, or consultants to offer their services as genetic
counselors or geneticists to any other person.



(c)  Nothing in this chapter shall be construed
to prevent a physician licensed to practice medicine in this State or an
intern, fellow, or resident from performing genetic counseling within the
person's scope of practice as long as the person is not in any manner held out
to the public as a "genetic counselor" or "licensed genetic counselor".



(d)  Nothing in this chapter shall be construed
to prevent any licensed nurse in this State from performing genetic counseling
within the nurse's scope of practice as long as the nurse is not in any manner
held out to the public as a "genetic counselor" or "licensed
genetic counselor".



(e)  Nothing in this chapter shall be construed
to prevent any licensed social worker, licensed psychologist, or licensed
marriage and family therapist from practicing professional counseling in this State
as long as the person is not in any manner held out to the public as a
"genetic counselor" or "licensed genetic counselor" and
does not hold out the person's services as being genetic counseling. [L 2009, c
191, pt of §2]