AN ACT to amend and reenact subsection 2 of section 43-60-02 and subsection 1 of section 43-60-03 of the North Dakota Century Code, relating to the ordering of genetic testing by genetic counselors and examinations required for genetic counseling licensure.
SB 2040 updates North Dakota’s genetic counseling licensing law in two main ways. First, it clarifies that a licensed genetic counselor may order genetic testing only when acting in coordination with a North Dakota licensed health care provider within that provider’s scope of practice, while preserving the requirement that the referring or primary provider maintain supervision of patient care and receive reports. The bill also reiterates that genetic counselors may not practice medicine, including treatment or medical management, and must refer patients for medical assessment or treatment when indicated.
Second, the bill adjusts licensure requirements for genetic counselors. It keeps the existing education and character requirements, but extends the time allowed to complete the certification examination from four years to five years and preserves the limit of no more than three attempts unless the board grants an exception by rule. The bill is a technical regulatory update affecting applicants for genetic counselor licensure and the scope of practice for licensed genetic counselors in North Dakota.
The bill amends North Dakota Century Code sections 43-60-02 and 43-60-03, affecting the statutory framework for genetic counseling practice and licensure. It narrows and clarifies the conditions under which genetic testing may be ordered by a genetic counselor, reinforces physician or provider oversight, and confirms that genetic counselors cannot independently diagnose, treat, or medically manage patients. It also changes the licensure pathway by giving applicants an additional year to pass the certification examination, which may modestly ease entry into the profession.
The bill appears to have been broadly noncontroversial and supported by both chambers, passing the Senate 47-0 and the House 91-2 with one absent member. The unanimous Senate vote and overwhelming House approval suggest general agreement that the measure is a routine professional licensing update rather than a major policy change. The fact that the bill was requested by the North Dakota Board of Medicine also suggests institutional support from the relevant regulatory community.
There is little evidence of substantive contention in the available record. The only visible dissent is the small number of negative votes in the House, but no committee transcripts or recorded debate are provided to explain the objections. Potential points of concern, based on the text itself, could include the scope of authority for genetic counselors to order testing and the balance between access to genetic services and physician supervision, but the voting history indicates these issues did not generate significant opposition.