Text of DC B 240830 (2022)

1 ______________________________ ________________________________ 1 Chairman Phil Mendelson Councilmember Robert C. White, Jr. 2 3 4 5 ______________________________ ________________________________ 6 Councilmember Anita Bonds Councilmember Mary M. Cheh 7 8 9 10 ______________________________ ________________________________ 11 Councilmember Brianne K. Nadeau Councilmember Elissa Silverman 12 13 14 15 ______________________________ ________________________________ 16 Councilmember Brooke Pinto Councilmember Charles Allen 17 18 19 20 ________________________________ ________________________________ 21 Councilmember Christina Henderson Councilmember Janeese Lewis George 22 23 24 25 26 A BILL 27 28 ___________ 29 30 31 IN THE COUNCIL OF DISTRICT OF COLUMBIA 32 33 _________________ 34 35 To amend the District of Columbia Health Occupations Revision Act of 1985 to prohibit 36 disciplinary measures against licensed health professionals solely for providing abortion 37 and reproductive health care services to patients who live in states where the services are 38 illegal. 39 40 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 41 act may be cited as the “Protecting Health Professionals Providing Reproductive Health Care 42 Amendment Act of 2022”. 43 2 Sec. 2. Section 514 of the District of Columbia Health Occupations Revision Act of 44 1985, effective March 25, 1986 (D.C. Law 6-99, D.C. Official Code § 3-1205.14), is amended by 45 adding a new subsection (e-1) is added to read as follows: 46 “(e-1) A board shall not take any of the actions provided in subsection (c) of this section 47 against a licensed health professional for the provision or facilitation of an abortion or 48 reproductive health care service, that is permitted within the licensed health professional’s scope 49 of practice, based solely on the fact that the patient receiving the service is a resident of a state 50 where the provision or facilitation of an abortion or reproductive health care service is illegal or 51 based on a revocation of a health professional’s license from another state or other disciplinary 52 action by another state, as the result of a health professional’s provision of, authorization of, 53 referral for, assistance with, or participation in an abortion or any other health care service for the 54 purpose of the abortion, or any other reproductive health care service, if the revocation or 55 disciplinary action was based solely on a violation of the other state’s law prohibiting the 56 provision of abortion or other reproductive healthcare service and related services in the state or 57 for a resident of the state or in any other state.”. 58 Sec. 3. Fiscal impact statement. 59 The Council adopts the fiscal impact statement in the committee report as the fiscal 60 impact statement required by 4a of the General Legislative Procedures Act of 1975, approved 61 October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 62 Sec. 4. Effective date. 63 This act shall take effect following approval by the Mayor (or in the event of veto by the 64 Mayor, action by the Council to override the veto), a 30-day period of Congressional review as 65 provided in sections 602(c)(1) of the District of Columbia Home Rule Act, approved December 66 3 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 67 Columbia Register. 68

ENROLLED ORIGINAL 1 AN ACT ___________ IN THE COUNCIL OF DISTRICT OF COLUMBIA ___________________________ To amend the District of Columbia Health Occupations Revision Act of 1985 to prohibit reciprocal disciplinary measures against certified, licensed, or registered health professionals solely for providing abortion and reproductive health care services, gender affirming care, or prescriptions to patients who live in states where these services are illegal or restricted but are permitted in the District, and to require the Mayor to expedite the review of certification, licensing, or registration of such health professionals. BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Protecting Health Professionals Providing Reproductive Health Care Amendment Act of 2022”. Sec. 2. The District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99, D.C. Official Code § 3-1201.01 et seq.), is amended as follows: (a) The table of contents is amended by adding a new designation for section 501a to read as follows: “Sec. 501a. Expedited licensure, registration, or certification.”. (b) A new section 501a is added to read as follows: “Sec. 501a. Expedited licensure, registration, or certification. “(a) The Mayor shall authorize expedited review of an application for licensure, certification, or registration by a health professional whose certification, license, or registration has been suspended or revoked in another state solely because the health professional provided, facilitated, or attempted to provide or facilitate, conduct described in section 514(e-1) that is permitted in the District. “(b) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (Stat. 1204; D.C. Official Code 2-501 et seq.), may issue rules to implement the provision of this section.”. (c) Section 514 (D.C. Official Code § 3-1205.14) is amended as follows: (1) Subsection (c) is amended by striking the phrase “Upon determination” and inserting the phrase “Except as otherwise provided in subsection (e-1) of this section, upon determination” in its place. (2) A new subsection (e-1) is added to read as follows: ENROLLED ORIGINAL 2 “(e-1) A board shall not take reciprocal adverse or disciplinary action described in subsection (c) of this section against a person whose license, registration, or certification in another state has been revoked, suspended, or restricted by adverse or disciplinary action if: “(1) The person’s license, registration, or certification in the other state was revoked, suspended, or restricted solely because they provided or facilitated, or attempted to provide or facilitate, to a patient or client: “(A) An abortion or other reproductive health care service; “(B) Social, psychological, behavioral, medical, or surgical intervention designed or employed to support or affirm a person’s gender identity, including hormone therapy, behavioral healthcare, reproductive counseling, hair removal, speech therapy, facial reconstruction surgery, and gender affirmation surgery; or “(C) Medication that was prescribed for its intended purpose; and “(2) The conduct described in paragraph (1) of this subsection is permitted under District law and would be within the scope of practice of the person’s license, registration, or certification in the District.”. Sec. 3. Fiscal impact statement. The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). Sec. 4. Effective date. This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in sections 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register. ______________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia