§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]