32-2714. Right of conscience; immunity; definitions

A. A genetic counselor has the right not to participate in or provide any genetic counseling that violates the genetic counselor's conscience.

B. A person may not take adverse action against a genetic counselor for declining to participate in a genetic counseling service on the basis of conscience.  The licensing of a genetic counselor may not be contingent on the genetic counselor's participation in counseling or referral in counseling that violates the genetic counselor's conscience.

C. If a genetic counselor declines to participate in or provide requested genetic counseling pursuant to this section, the genetic counselor shall both:

1. Inform the patient in a timely manner that the genetic counselor is unable to provide the requested genetic counseling.

2. Offer to direct the patient to the online directory of licensed genetic counselors maintained by the board.  The genetic counselor is not required to provide a referral to a specific provider or entity.

D. A genetic counselor is immune from civil, criminal and administrative liability for exercising the right of conscience with respect to genetic counseling.  The immunity provided by this subsection does not extend to intentional criminal misconduct or the knowing falsification or alteration of medical records, test results or diagnostic information.

E. For the purposes of this section:

1. "Conscience" means the religious, moral or ethical beliefs or principles held by a genetic counselor.

2. "Participate" means to take part in any way in providing genetic counseling or any part of such service.