Text of WA HB 1954 (2024)

AN ACT Relating to harmonizing statutory language relating to 1 lawful participation in reproductive health care services or gender- 2 affirming treatment; and amending RCW 18.130.450. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 4 Sec. 1. RCW 18.130.450 and 2023 c 192 s 3 are each amended to 5 read as follows: 6 (1) Notwithstanding RCW 18.130.180, the following shall not 7 constitute unprofessional conduct under this chapter: 8 (a) The provision of, authorization of, recommendation of, aiding 9 in, assistance in, referral for, or other participation in any 10 reproductive health care services or gender-affirming treatment 11 consistent with the standard of care in Washington by a license 12 holder; 13 (b) The provision of, authorization of, recommendation of, aiding 14 in, assistance in, referral for, or other participation in any 15 reproductive health care services or gender-affirming treatment, by a 16 license holder, if the participation would have been lawful and 17 consistent with standards of care if it occurred entirely in 18 Washington; 19 (c) A conviction or disciplinary action based on the license 20 holder's violation of another state's laws prohibiting the provision 21 H-2229.1 HOUSE BILL 1954 State of Washington 68th Legislature 2024 Regular Session By Representatives Riccelli and Bateman Prefiled 12/15/23. p. 1 HB 1954 of, authorization of, recommendation of, aiding in, assistance in, 1 referral for, or other participation in any reproductive health care 2 services or gender-affirming treatment, if the participation would 3 have been lawful and consistent with standards of care if it occurred 4 entirely in Washington. 5 (2) Except as required by chapter 18.71B RCW, the following, 6 alone or in combination, shall not serve as the basis for a denial of 7 an application for licensure, licensure renewal, or temporary 8 practice permit, or for any other disciplinary action by a 9 disciplining authority against an applicant or license holder: 10 (a) The provision of, authorization of, recommendation of, aiding 11 in, assistance in, referral for, or other participation in any 12 reproductive health care services or gender-affirming treatment 13 consistent with the standard of care in Washington by a license 14 holder; 15 (b) The provision of, authorization of, recommendation of, aiding 16 in, assistance in, referral for, or other participation in any 17 reproductive health care services or gender-affirming treatment, by a 18 license holder, if the participation would have been lawful and 19 consistent with standards of care if it occurred entirely in 20 Washington; 21 (((b))) (c) A conviction or disciplinary action based on the 22 license holder's violation of another state's laws prohibiting the 23 provision of, authorization of, recommendation of, aiding in, 24 assistance in, referral for, or other participation in any 25 reproductive health care services or gender-affirming treatment, if 26 the participation would have been lawful and consistent with 27 standards of care if it occurred entirely in Washington. 28 (3) Nothing in this section prohibits the disciplining authority 29 from taking action on separate charges that are unrelated to the 30 provision of, authorization of, recommendation of, aiding in, 31 assistance in, referral for, or other participation in any 32 reproductive health care services or gender-affirming treatment that 33 would have been lawful and consistent with standards of care if it 34 occurred entirely in Washington. 35 (4) Nothing in this section shall be construed to expand the 36 scope of practice of any license holder licensed under this title, 37 nor does this section give any such license holder the authority to 38 act outside their scope of practice as defined under this title. 39 p. 2 HB 1954 (5) For the purposes of this section the following definitions 1 apply: 2 (a) "Gender-affirming treatment" means a service or product that 3 a health care provider, as defined in RCW 70.02.010, provides to an 4 individual to support and affirm the individual's gender identity. 5 "Gender-affirming treatment" includes, but is not limited to, 6 treatment for gender dysphoria. "Gender-affirming treatment" can be 7 provided to two spirit, transgender, nonbinary, and other gender 8 diverse individuals. 9 (b) "Reproductive health care services" means any medical 10 services or treatments, including pharmaceutical and preventive care 11 services or treatments, directly involved in the reproductive system 12 and its processes, functions, and organs involved in reproduction. 13 --- END --- p. 3 HB 1954

CERTIFICATION OF ENROLLMENT HOUSE BILL 1954 Chapter 14, Laws of 2024 68th Legislature 2024 Regular Session REPRODUCTIVE HEALTH CARE AND GENDER-AFFIRMING TREATMENT—HEALTH PROFESSIONS EFFECTIVE DATE: June 6, 2024 Passed by the House January 25, 2024 Yeas 56 Nays 37 LAURIE JINKINS Speaker of the House of Representatives Passed by the Senate February 22, 2024 Yeas 30 Nays 19 DENNY HECK President of the Senate CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1954 as passed by the House of Representatives and the Senate on the dates hereon set forth. BERNARD DEAN Chief Clerk Approved March 7, 2024 11:19 AM FILED March 7, 2024 JAY INSLEE Governor of the State of Washington Secretary of State State of Washington AN ACT Relating to harmonizing statutory language relating to 1 lawful participation in reproductive health care services or gender- 2 affirming treatment; and amending RCW 18.130.450. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 4 Sec. 1. RCW 18.130.450 and 2023 c 192 s 3 are each amended to 5 read as follows: 6 (1) Notwithstanding RCW 18.130.180, the following shall not 7 constitute unprofessional conduct under this chapter: 8 (a) The provision of, authorization of, recommendation of, aiding 9 in, assistance in, referral for, or other participation in any 10 reproductive health care services or gender-affirming treatment 11 consistent with the standard of care in Washington by a license 12 holder; 13 (b) The provision of, authorization of, recommendation of, aiding 14 in, assistance in, referral for, or other participation in any 15 reproductive health care services or gender-affirming treatment, by a 16 license holder, if the participation would have been lawful and 17 consistent with standards of care if it occurred entirely in 18 Washington; 19 (c) A conviction or disciplinary action based on the license 20 holder's violation of another state's laws prohibiting the provision 21 HOUSE BILL 1954 Passed Legislature - 2024 Regular Session State of Washington 68th Legislature 2024 Regular Session By Representatives Riccelli, Bateman, Ramel, Reed, Simmons, Ormsby, Macri, Doglio, Thai, Lekanoff, and Reeves Prefiled 12/15/23. Read first time 01/08/24. Referred to Committee on Health Care & Wellness. p. 1 HB 1954.SL of, authorization of, recommendation of, aiding in, assistance in, 1 referral for, or other participation in any reproductive health care 2 services or gender-affirming treatment, if the participation would 3 have been lawful and consistent with standards of care if it occurred 4 entirely in Washington. 5 (2) Except as required by chapter 18.71B RCW, the following, 6 alone or in combination, shall not serve as the basis for a denial of 7 an application for licensure, licensure renewal, or temporary 8 practice permit, or for any other disciplinary action by a 9 disciplining authority against an applicant or license holder: 10 (a) The provision of, authorization of, recommendation of, aiding 11 in, assistance in, referral for, or other participation in any 12 reproductive health care services or gender-affirming treatment 13 consistent with the standard of care in Washington by a license 14 holder; 15 (b) The provision of, authorization of, recommendation of, aiding 16 in, assistance in, referral for, or other participation in any 17 reproductive health care services or gender-affirming treatment, by a 18 license holder, if the participation would have been lawful and 19 consistent with standards of care if it occurred entirely in 20 Washington; 21 (((b))) (c) A conviction or disciplinary action based on the 22 license holder's violation of another state's laws prohibiting the 23 provision of, authorization of, recommendation of, aiding in, 24 assistance in, referral for, or other participation in any 25 reproductive health care services or gender-affirming treatment, if 26 the participation would have been lawful and consistent with 27 standards of care if it occurred entirely in Washington. 28 (3) Nothing in this section prohibits the disciplining authority 29 from taking action on separate charges that are unrelated to the 30 provision of, authorization of, recommendation of, aiding in, 31 assistance in, referral for, or other participation in any 32 reproductive health care services or gender-affirming treatment that 33 would have been lawful and consistent with standards of care if it 34 occurred entirely in Washington. 35 (4) Nothing in this section shall be construed to expand the 36 scope of practice of any license holder licensed under this title, 37 nor does this section give any such license holder the authority to 38 act outside their scope of practice as defined under this title. 39 p. 2 HB 1954.SL (5) For the purposes of this section the following definitions 1 apply: 2 (a) "Gender-affirming treatment" means a service or product that 3 a health care provider, as defined in RCW 70.02.010, provides to an 4 individual to support and affirm the individual's gender identity. 5 "Gender-affirming treatment" includes, but is not limited to, 6 treatment for gender dysphoria. "Gender-affirming treatment" can be 7 provided to two spirit, transgender, nonbinary, and other gender 8 diverse individuals. 9 (b) "Reproductive health care services" means any medical 10 services or treatments, including pharmaceutical and preventive care 11 services or treatments, directly involved in the reproductive system 12 and its processes, functions, and organs involved in reproduction. 13 Passed by the House January 25, 2024. Passed by the Senate February 22, 2024. Approved by the Governor March 7, 2024. Filed in Office of Secretary of State March 7, 2024. --- END --- p. 3 HB 1954.SL