Significant portions of what is being proposed in these regulations exceed the scope of the Board’s statutory authority, particularly those parts which address the conscience rights of genetic counselors.  

After SB 330 passed the General Assembly during the 2014 session, the Governor proposed an amendment (http://lis.virginia.gov/cgi-bin/legp604.exe?141+amd+SB330AG) containing some of the same items now being proposed by the Board (e.g., referral and timely notice in 18VAC85-170-150(B)(1)-(2)).  Because the Senate rejected the Governor’s amendment (by a 17-23 vote), anything contained in the Governor’s amendment that differs from the language the General Assembly adopted is clearly outside of what the Board is permitted to consider.  The Board does not have the discretion to add provisions that the Legislature specifically rejected.

The Board’s job is not to “strike a balance” between what it views as “a practitioner’s responsibility to his patient” on the one hand and following the law on the other.  Its job is to follow the law. In furtherance of protecting the conscience rights of genetic counselors, we respectfully urge the Board to constrain itself within these parameters.