Text of WA SB 5722 (2018)

AN ACT Relating to restricting the practice of conversion 1 therapy; amending RCW 18.130.020 and 18.130.180; and creating a new 2 section. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 4 NEW SECTION. Sec. 1. (1) The legislature intends to regulate 5 the professional conduct of licensed health care providers with 6 respect to performing conversion therapy on patients under age 7 eighteen. This act may not be construed to apply to speech that does 8 not constitute the performance of conversion therapy by licensed 9 health care providers on patients under age eighteen, nor shall it be 10 construed to apply to religious practices or counseling under the 11 auspices of a religious denomination, church, or organization that do 12 not constitute the performance of conversion therapy by licensed 13 health care providers on patients under age eighteen. 14 (2) The legislature finds and declares that Washington has a 15 compelling interest in protecting the physical and psychological 16 well-being of minors, including lesbian, gay, bisexual, and 17 transgender youth, and in protecting its minors against exposure to 18 serious harms caused by conversion therapy. 19 S-1143.1 SENATE BILL 5722 State of Washington 65th Legislature 2017 Regular Session By Senators Liias, Walsh, Ranker, Pedersen, Rivers, and Keiser p. 1 SB 5722 Sec. 2. RCW 18.130.020 and 2008 c 134 s 2 are each amended to 1 read as follows: 2 The definitions in this section apply throughout this chapter 3 unless the context clearly requires otherwise. 4 (1) "Board" means any of those boards specified in RCW 5 18.130.040. 6 (2) "Clinical expertise" means the proficiency or judgment that a 7 license holder in a particular profession acquires through clinical 8 experience or clinical practice and that is not possessed by a lay 9 person. 10 (3) "Commission" means any of the commissions specified in RCW 11 18.130.040. 12 (4) "Conversion therapy" means a regime that seeks to change an 13 individual's sexual orientation or gender identity. The term includes 14 efforts to change behaviors or gender expressions, or to eliminate or 15 reduce sexual or romantic attractions or feelings toward individuals 16 of the same sex. The term includes, but is not limited to, practices 17 commonly referred to as "reparative therapy" or "conversion therapy." 18 (5) "Department" means the department of health. 19 (((5))) (6) "Disciplinary action" means sanctions identified in 20 RCW 18.130.160. 21 (((6))) (7) "Disciplining authority" means the agency, board, or 22 commission having the authority to take disciplinary action against a 23 holder of, or applicant for, a professional or business license upon 24 a finding of a violation of this chapter or a chapter specified under 25 RCW 18.130.040. 26 (((7))) (8) "Health agency" means city and county health 27 departments and the department of health. 28 (((8))) (9) "License," "licensing," and "licensure" shall be 29 deemed equivalent to the terms "license," "licensing," "licensure," 30 "certificate," "certification," and "registration" as those terms are 31 defined in RCW 18.120.020. 32 (((9))) (10) "Practice review" means an investigative audit of 33 records related to the complaint, without prior identification of 34 specific patient or consumer names, or an assessment of the 35 conditions, circumstances, and methods of the professional's practice 36 related to the complaint, to determine whether unprofessional conduct 37 may have been committed. 38 (((10))) (11) "Secretary" means the secretary of health or the 39 secretary's designee. 40 p. 2 SB 5722 (((11))) (12) "Standards of practice" means the care, skill, and 1 learning associated with the practice of a profession. 2 (((12))) (13) "Unlicensed practice" means: 3 (a) Practicing a profession or operating a business identified in 4 RCW 18.130.040 without holding a valid, unexpired, unrevoked, and 5 unsuspended license to do so; or 6 (b) Representing to a consumer, through offerings, 7 advertisements, or use of a professional title or designation, that 8 the individual is qualified to practice a profession or operate a 9 business identified in RCW 18.130.040, without holding a valid, 10 unexpired, unrevoked, and unsuspended license to do so. 11 Sec. 3. RCW 18.130.180 and 2010 c 9 s 5 are each amended to read 12 as follows: 13 The following conduct, acts, or conditions constitute 14 unprofessional conduct for any license holder under the jurisdiction 15 of this chapter: 16 (1) The commission of any act involving moral turpitude, 17 dishonesty, or corruption relating to the practice of the person's 18 profession, whether the act constitutes a crime or not. If the act 19 constitutes a crime, conviction in a criminal proceeding is not a 20 condition precedent to disciplinary action. Upon such a conviction, 21 however, the judgment and sentence is conclusive evidence at the 22 ensuing disciplinary hearing of the guilt of the license holder of 23 the crime described in the indictment or information, and of the 24 person's violation of the statute on which it is based. For the 25 purposes of this section, conviction includes all instances in which 26 a plea of guilty or nolo contendere is the basis for the conviction 27 and all proceedings in which the sentence has been deferred or 28 suspended. Nothing in this section abrogates rights guaranteed under 29 chapter 9.96A RCW; 30 (2) Misrepresentation or concealment of a material fact in 31 obtaining a license or in reinstatement thereof; 32 (3) All advertising which is false, fraudulent, or misleading; 33 (4) Incompetence, negligence, or malpractice which results in 34 injury to a patient or which creates an unreasonable risk that a 35 patient may be harmed. The use of a nontraditional treatment by 36 itself shall not constitute unprofessional conduct, provided that it 37 does not result in injury to a patient or create an unreasonable risk 38 that a patient may be harmed; 39 p. 3 SB 5722 (5) Suspension, revocation, or restriction of the individual's 1 license to practice any health care profession by competent authority 2 in any state, federal, or foreign jurisdiction, a certified copy of 3 the order, stipulation, or agreement being conclusive evidence of the 4 revocation, suspension, or restriction; 5 (6) Except when authorized by RCW 18.130.345, the possession, 6 use, prescription for use, or distribution of controlled substances 7 or legend drugs in any way other than for legitimate or therapeutic 8 purposes, diversion of controlled substances or legend drugs, the 9 violation of any drug law, or prescribing controlled substances for 10 oneself; 11 (7) Violation of any state or federal statute or administrative 12 rule regulating the profession in question, including any statute or 13 rule defining or establishing standards of patient care or 14 professional conduct or practice; 15 (8) Failure to cooperate with the disciplining authority by: 16 (a) Not furnishing any papers, documents, records, or other 17 items; 18 (b) Not furnishing in writing a full and complete explanation 19 covering the matter contained in the complaint filed with the 20 disciplining authority; 21 (c) Not responding to subpoenas issued by the disciplining 22 authority, whether or not the recipient of the subpoena is the 23 accused in the proceeding; or 24 (d) Not providing reasonable and timely access for authorized 25 representatives of the disciplining authority seeking to perform 26 practice reviews at facilities utilized by the license holder; 27 (9) Failure to comply with an order issued by the disciplining 28 authority or a stipulation for informal disposition entered into with 29 the disciplining authority; 30 (10) Aiding or abetting an unlicensed person to practice when a 31 license is required; 32 (11) Violations of rules established by any health agency; 33 (12) Practice beyond the scope of practice as defined by law or 34 rule; 35 (13) Misrepresentation or fraud in any aspect of the conduct of 36 the business or profession; 37 (14) Failure to adequately supervise auxiliary staff to the 38 extent that the consumer's health or safety is at risk; 39 p. 4 SB 5722 (15) Engaging in a profession involving contact with the public 1 while suffering from a contagious or infectious disease involving 2 serious risk to public health; 3 (16) Promotion for personal gain of any unnecessary or 4 inefficacious drug, device, treatment, procedure, or service; 5 (17) Conviction of any gross misdemeanor or felony relating to 6 the practice of the person's profession. For the purposes of this 7 subsection, conviction includes all instances in which a plea of 8 guilty or nolo contendere is the basis for conviction and all 9 proceedings in which the sentence has been deferred or suspended. 10 Nothing in this section abrogates rights guaranteed under chapter 11 9.96A RCW; 12 (18) The procuring, or aiding or abetting in procuring, a 13 criminal abortion; 14 (19) The offering, undertaking, or agreeing to cure or treat 15 disease by a secret method, procedure, treatment, or medicine, or the 16 treating, operating, or prescribing for any health condition by a 17 method, means, or procedure which the licensee refuses to divulge 18 upon demand of the disciplining authority; 19 (20) The willful betrayal of a practitioner-patient privilege as 20 recognized by law; 21 (21) Violation of chapter 19.68 RCW; 22 (22) Interference with an investigation or disciplinary 23 proceeding by willful misrepresentation of facts before the 24 disciplining authority or its authorized representative, or by the 25 use of threats or harassment against any patient or witness to 26 prevent them from providing evidence in a disciplinary proceeding or 27 any other legal action, or by the use of financial inducements to any 28 patient or witness to prevent or attempt to prevent him or her from 29 providing evidence in a disciplinary proceeding; 30 (23) Current misuse of: 31 (a) Alcohol; 32 (b) Controlled substances; or 33 (c) Legend drugs; 34 (24) Abuse of a client or patient or sexual contact with a client 35 or patient; 36 (25) Acceptance of more than a nominal gratuity, hospitality, or 37 subsidy offered by a representative or vendor of medical or health- 38 related products or services intended for patients, in contemplation 39 of a sale or for use in research publishable in professional 40 p. 5 SB 5722 journals, where a conflict of interest is presented, as defined by 1 rules of the disciplining authority, in consultation with the 2 department, based on recognized professional ethical standards; 3 (26) Performing conversion therapy on a patient under age 4 eighteen. 5 --- END --- p. 6 SB 5722

CERTIFICATION OF ENROLLMENT SENATE BILL 5722 Chapter 300, Laws of 2018 65th Legislature 2018 Regular Session CONVERSION THERAPY--SEXUAL ORIENTATION AND GENDER IDENTITY EFFECTIVE DATE: June 7, 2018 Passed by the Senate March 3, 2018 Yeas 33 Nays 16 KAREN KEISER President of the Senate Passed by the House February 28, 2018 Yeas 66 Nays 32 FRANK CHOPP Speaker of the House of Representatives CERTIFICATE I, Brad Hendrickson, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5722 as passed by Senate and the House of Representatives on the dates hereon set forth. BRAD HENDRICKSON Secretary Approved March 28, 2018 1:12 PM FILED March 29, 2018 JAY INSLEE Governor of the State of Washington Secretary of State State of Washington AN ACT Relating to restricting the practice of conversion 1 therapy; amending RCW 18.130.020 and 18.130.180; and creating a new 2 section. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 4 NEW SECTION. Sec. 1. (1) The legislature intends to regulate 5 the professional conduct of licensed health care providers with 6 respect to performing conversion therapy on patients under age 7 eighteen. 8 (2) The legislature finds and declares that Washington has a 9 compelling interest in protecting the physical and psychological 10 well-being of minors, including lesbian, gay, bisexual, and 11 transgender youth, and in protecting its minors against exposure to 12 serious harms caused by conversion therapy. 13 NEW SECTION. Sec. 2. This act may not be construed to apply to: 14 (1) Speech that does not constitute performing conversion therapy 15 by licensed health care providers on patients under age eighteen; 16 (2) Religious practices or counseling under the auspices of a 17 religious denomination, church, or organization that do not 18 constitute performing conversion therapy by licensed health care 19 providers on patients under age eighteen; and 20 SENATE BILL 5722 AS AMENDED BY THE HOUSE Passed Legislature - 2018 Regular Session State of Washington 65th Legislature 2017 Regular Session By Senators Liias, Walsh, Ranker, Pedersen, Rivers, Keiser, Fain, Frockt, Hunt, and Kuderer Read first time 02/06/17. Referred to Committee on Health Care. p. 1 SB 5722.SL (3) Nonlicensed counselors acting under the auspices of a 1 religious denomination, church, or organization. 2 Sec. 3. RCW 18.130.020 and 2008 c 134 s 2 are each amended to 3 read as follows: 4 The definitions in this section apply throughout this chapter 5 unless the context clearly requires otherwise. 6 (1) "Board" means any of those boards specified in RCW 7 18.130.040. 8 (2) "Clinical expertise" means the proficiency or judgment that a 9 license holder in a particular profession acquires through clinical 10 experience or clinical practice and that is not possessed by a lay 11 person. 12 (3) "Commission" means any of the commissions specified in RCW 13 18.130.040. 14 (4)(a) "Conversion therapy" means a regime that seeks to change 15 an individual's sexual orientation or gender identity. The term 16 includes efforts to change behaviors or gender expressions, or to 17 eliminate or reduce sexual or romantic attractions or feelings toward 18 individuals of the same sex. The term includes, but is not limited 19 to, practices commonly referred to as "reparative therapy." 20 (b) "Conversion therapy" does not include counseling or 21 psychotherapies that provide acceptance, support, and understanding 22 of clients or the facilitation of clients' coping, social support, 23 and identity exploration and development that do not seek to change 24 sexual orientation or gender identity. 25 (5) "Department" means the department of health. 26 (((5))) (6) "Disciplinary action" means sanctions identified in 27 RCW 18.130.160. 28 (((6))) (7) "Disciplining authority" means the agency, board, or 29 commission having the authority to take disciplinary action against a 30 holder of, or applicant for, a professional or business license upon 31 a finding of a violation of this chapter or a chapter specified under 32 RCW 18.130.040. 33 (((7))) (8) "Health agency" means city and county health 34 departments and the department of health. 35 (((8))) (9) "License," "licensing," and "licensure" shall be 36 deemed equivalent to the terms "license," "licensing," "licensure," 37 "certificate," "certification," and "registration" as those terms are 38 defined in RCW 18.120.020. 39 p. 2 SB 5722.SL (((9))) (10) "Practice review" means an investigative audit of 1 records related to the complaint, without prior identification of 2 specific patient or consumer names, or an assessment of the 3 conditions, circumstances, and methods of the professional's practice 4 related to the complaint, to determine whether unprofessional conduct 5 may have been committed. 6 (((10))) (11) "Secretary" means the secretary of health or the 7 secretary's designee. 8 (((11))) (12) "Standards of practice" means the care, skill, and 9 learning associated with the practice of a profession. 10 (((12))) (13) "Unlicensed practice" means: 11 (a) Practicing a profession or operating a business identified in 12 RCW 18.130.040 without holding a valid, unexpired, unrevoked, and 13 unsuspended license to do so; or 14 (b) Representing to a consumer, through offerings, 15 advertisements, or use of a professional title or designation, that 16 the individual is qualified to practice a profession or operate a 17 business identified in RCW 18.130.040, without holding a valid, 18 unexpired, unrevoked, and unsuspended license to do so. 19 Sec. 4. RCW 18.130.180 and 2010 c 9 s 5 are each amended to read 20 as follows: 21 The following conduct, acts, or conditions constitute 22 unprofessional conduct for any license holder under the jurisdiction 23 of this chapter: 24 (1) The commission of any act involving moral turpitude, 25 dishonesty, or corruption relating to the practice of the person's 26 profession, whether the act constitutes a crime or not. If the act 27 constitutes a crime, conviction in a criminal proceeding is not a 28 condition precedent to disciplinary action. Upon such a conviction, 29 however, the judgment and sentence is conclusive evidence at the 30 ensuing disciplinary hearing of the guilt of the license holder of 31 the crime described in the indictment or information, and of the 32 person's violation of the statute on which it is based. For the 33 purposes of this section, conviction includes all instances in which 34 a plea of guilty or nolo contendere is the basis for the conviction 35 and all proceedings in which the sentence has been deferred or 36 suspended. Nothing in this section abrogates rights guaranteed under 37 chapter 9.96A RCW; 38 p. 3 SB 5722.SL (2) Misrepresentation or concealment of a material fact in 1 obtaining a license or in reinstatement thereof; 2 (3) All advertising which is false, fraudulent, or misleading; 3 (4) Incompetence, negligence, or malpractice which results in 4 injury to a patient or which creates an unreasonable risk that a 5 patient may be harmed. The use of a nontraditional treatment by 6 itself shall not constitute unprofessional conduct, provided that it 7 does not result in injury to a patient or create an unreasonable risk 8 that a patient may be harmed; 9 (5) Suspension, revocation, or restriction of the individual's 10 license to practice any health care profession by competent authority 11 in any state, federal, or foreign jurisdiction, a certified copy of 12 the order, stipulation, or agreement being conclusive evidence of the 13 revocation, suspension, or restriction; 14 (6) Except when authorized by RCW 18.130.345, the possession, 15 use, prescription for use, or distribution of controlled substances 16 or legend drugs in any way other than for legitimate or therapeutic 17 purposes, diversion of controlled substances or legend drugs, the 18 violation of any drug law, or prescribing controlled substances for 19 oneself; 20 (7) Violation of any state or federal statute or administrative 21 rule regulating the profession in question, including any statute or 22 rule defining or establishing standards of patient care or 23 professional conduct or practice; 24 (8) Failure to cooperate with the disciplining authority by: 25 (a) Not furnishing any papers, documents, records, or other 26 items; 27 (b) Not furnishing in writing a full and complete explanation 28 covering the matter contained in the complaint filed with the 29 disciplining authority; 30 (c) Not responding to subpoenas issued by the disciplining 31 authority, whether or not the recipient of the subpoena is the 32 accused in the proceeding; or 33 (d) Not providing reasonable and timely access for authorized 34 representatives of the disciplining authority seeking to perform 35 practice reviews at facilities utilized by the license holder; 36 (9) Failure to comply with an order issued by the disciplining 37 authority or a stipulation for informal disposition entered into with 38 the disciplining authority; 39 p. 4 SB 5722.SL (10) Aiding or abetting an unlicensed person to practice when a 1 license is required; 2 (11) Violations of rules established by any health agency; 3 (12) Practice beyond the scope of practice as defined by law or 4 rule; 5 (13) Misrepresentation or fraud in any aspect of the conduct of 6 the business or profession; 7 (14) Failure to adequately supervise auxiliary staff to the 8 extent that the consumer's health or safety is at risk; 9 (15) Engaging in a profession involving contact with the public 10 while suffering from a contagious or infectious disease involving 11 serious risk to public health; 12 (16) Promotion for personal gain of any unnecessary or 13 inefficacious drug, device, treatment, procedure, or service; 14 (17) Conviction of any gross misdemeanor or felony relating to 15 the practice of the person's profession. For the purposes of this 16 subsection, conviction includes all instances in which a plea of 17 guilty or nolo contendere is the basis for conviction and all 18 proceedings in which the sentence has been deferred or suspended. 19 Nothing in this section abrogates rights guaranteed under chapter 20 9.96A RCW; 21 (18) The procuring, or aiding or abetting in procuring, a 22 criminal abortion; 23 (19) The offering, undertaking, or agreeing to cure or treat 24 disease by a secret method, procedure, treatment, or medicine, or the 25 treating, operating, or prescribing for any health condition by a 26 method, means, or procedure which the licensee refuses to divulge 27 upon demand of the disciplining authority; 28 (20) The willful betrayal of a practitioner-patient privilege as 29 recognized by law; 30 (21) Violation of chapter 19.68 RCW; 31 (22) Interference with an investigation or disciplinary 32 proceeding by willful misrepresentation of facts before the 33 disciplining authority or its authorized representative, or by the 34 use of threats or harassment against any patient or witness to 35 prevent them from providing evidence in a disciplinary proceeding or 36 any other legal action, or by the use of financial inducements to any 37 patient or witness to prevent or attempt to prevent him or her from 38 providing evidence in a disciplinary proceeding; 39 (23) Current misuse of: 40 p. 5 SB 5722.SL (a) Alcohol; 1 (b) Controlled substances; or 2 (c) Legend drugs; 3 (24) Abuse of a client or patient or sexual contact with a client 4 or patient; 5 (25) Acceptance of more than a nominal gratuity, hospitality, or 6 subsidy offered by a representative or vendor of medical or health- 7 related products or services intended for patients, in contemplation 8 of a sale or for use in research publishable in professional 9 journals, where a conflict of interest is presented, as defined by 10 rules of the disciplining authority, in consultation with the 11 department, based on recognized professional ethical standards; 12 (26) Performing conversion therapy on a patient under age 13 eighteen. 14 Passed by the Senate March 3, 2018. Passed by the House February 28, 2018. Approved by the Governor March 28, 2018. Filed in Office of Secretary of State March 29, 2018. --- END --- p. 6 SB 5722.SL