§30-3H-3. License required; and licensure exceptions.

(a) Effective July 1, 2026, and except as provided in subsection (b) of this section, a person may not engage, or offer to engage, in the practice of genetic counseling to patients in this state without a current, valid license issued by the board.

(b) The licensure requirement set forth in this article does not apply to:

(1) Any person, such as a physician, advanced practiced registered nurse, or physician assistant, who is lawfully practicing within the scope of the person's profession, is engaged in work of a nature consistent with the person's training, and has a license, permit, registration, certification, or other authorization to practice his or her profession in West Virginia;

(2) Any person employed as a genetic counselor by the federal government or an agency of the federal government, if the person provides genetic counseling services exclusively under the direction and control of his or her federal employer;

(3) Any person assisting a genetic counselor in practice under the direct, on-premises supervisions of the genetic counselor;

(4) A genetic counseling intern, if the genetic counseling services performed by the student or intern are an integral part of the student's course of study, are performed under the direct supervision of a licensed genetic counselor, and the student is practicing under the designation of "genetic counseling intern";

(5) An ACS permittee practicing under the supervision of a qualified supervisor; or

(6) A person who is licensed to practice genetic counseling in another state and who is providing consulting services in this state on a temporary basis, as determined by the board by legislative rule, if the person satisfies all of the following:

(A) The person is certified by the ABGC; and

(B) The person received authorization from the board to provide consulting services in this state on a temporary basis pursuant to the process established in legislative rule.

(c) Effective July 1, 2026, any person who is not licensed by the board as a genetic counselor may not hold himself or herself out to the public as a genetic counselor, and may not, in connection with his or her name or place of business, use the terms "genetic counselor", "licensed genetic counselor", or any words, letters, abbreviations or insignia indicating or implying that the person holds a genetic counseling license. ACS permittees may use the term "genetic counselor, Active Candidate Status" and may indicate that they hold an ACS permit.