Bill Summary – FastDemocracy

H-2943.1
                                 HOUSE BILL 2502
     State of Washington         68th Legislature     2024 Regular Session
     By Representatives Rule, Slatter, Ramos, Simmons, Santos, Ryu, Nance,
     Callan, and Bergquist
     Read first time 03/05/24.     Referred to Committee on Health Care &
     Wellness.
     AN ACT Relating to promoting reproductive autonomy by protecting
 access to contraceptive methods; reenacting and amending RCW
 18.130.180; adding a new section to chapter 18.130 RCW; and creating
 a new section.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     NEW SECTION.   Sec. 1.   This act may be known and cited as the
 protecting reproductive autonomy act.
     NEW SECTION. Sec. 2. A new section is added to chapter 18.130
 RCW to read as follows:
     (1) A health care provider licensed under this title whose scope
 of practice includes performing sterilizations for contraceptive
 purposes may not require an individual who is seeking a sterilization
 to meet any special nonmedical qualifications, which are not imposed
 on individuals seeking other types of health care services. Such
 prohibited nonmedical qualifications include, but are not limited to,
 marital status and number of natural children. Such prohibited
 nonmedical qualifications include age, except that age may be a
 qualification for determining consent or applicable insurance
 coverage under state or federal law.
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     (2) Nothing in this section prohibits requirements relating to
 the physical or mental condition of the individual or affects the
 right of the health care provider to provide medical counseling or
 advice as to whether or not sterilization is appropriate. A health
 care provider may not provide nonmedical counseling or advice as to
 whether sterilization is appropriate. This section does not affect
 existing law with respect to minors.
     (3) An individual must voluntarily give informed consent before a
 health care provider may perform a sterilization for contraceptive
 purposes.
     (4) A licensed health care provider who violates subsection (1)
 of this section is subject to discipline pursuant to this chapter,
 the uniform disciplinary act.
     (5) For purposes of this section:
     (a) "Minor" means any person under the age of 18; and
     (b) "Sterilization" means any medical procedure, treatment, or
 operation for the purpose of rendering an individual permanently
 incapable of reproducing.
     Sec. 3. RCW 18.130.180 and 2023 c 192 s 2 and 2023 c 122 s 4 are
 each reenacted and amended to read as follows:
     Except as provided in RCW 18.130.450, the following conduct,
 acts, or conditions constitute unprofessional conduct for any license
 holder under the jurisdiction of this chapter:
     (1) The commission of any act involving moral turpitude,
 dishonesty, or corruption relating to the practice of the person's
 profession, whether the act constitutes a crime or not. If the act
 constitutes a crime, conviction in a criminal proceeding is not a
 condition precedent to disciplinary action. Upon such a conviction,
 however, the judgment and sentence is conclusive evidence at the
 ensuing disciplinary hearing of the guilt of the license holder of
 the crime described in the indictment or information, and of the
 person's violation of the statute on which it is based. For the
 purposes of this section, conviction includes all instances in which
 a plea of guilty or nolo contendere is the basis for the conviction
 and all proceedings in which the sentence has been deferred or
 suspended. Nothing in this section abrogates rights guaranteed under
 chapter 9.96A RCW;
     (2) Misrepresentation or concealment of a material fact in
 obtaining a license or in reinstatement thereof;
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     (3) All advertising which is false, fraudulent, or misleading;
     (4) Incompetence, negligence, or malpractice which results in
 injury to a patient or which creates an unreasonable risk that a
 patient may be harmed. The use of a nontraditional treatment by
 itself shall not constitute unprofessional conduct, provided that it
 does not result in injury to a patient or create an unreasonable risk
 that a patient may be harmed;
     (5) Suspension, revocation, or restriction of the individual's
 license to practice any health care profession by competent authority
 in any state, federal, or foreign jurisdiction, a certified copy of
 the order, stipulation, or agreement being conclusive evidence of the
 revocation, suspension, or restriction;
     (6) The possession, use, prescription for use, or distribution of
 controlled substances or legend drugs in any way other than for
 legitimate   or   therapeutic  purposes,   diversion   of   controlled
 substances or legend drugs, the violation of any drug law, or
 prescribing controlled substances for oneself;
     (7) Violation of any state or federal statute or administrative
 rule regulating the profession in question, including any statute or
 rule defining or establishing standards of patient care or
 professional conduct or practice;
     (8) Failure to cooperate with the disciplining authority by:
     (a) Not furnishing any papers, documents, records, or other
 items;
     (b) Not furnishing in writing a full and complete explanation
 covering the matter contained in the complaint filed with the
 disciplining authority;
     (c) Not responding to subpoenas issued by the disciplining
 authority, whether or not the recipient of the subpoena is the
 accused in the proceeding; or
     (d) Not providing reasonable and timely access for authorized
 representatives of the disciplining authority seeking to perform
 practice reviews at facilities utilized by the license holder;
     (9) Failure to comply with an order issued by the disciplining
 authority or a stipulation for informal disposition entered into with
 the disciplining authority;
     (10) Aiding or abetting an unlicensed person to practice when a
 license is required;
     (11) Violations of rules established by any health agency;
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     (12) Practice beyond the scope of practice as defined by law or
 rule;
     (13) Misrepresentation or fraud in any aspect of the conduct of
 the business or profession;
     (14) Failure to adequately supervise auxiliary staff to the
 extent that the consumer's health or safety is at risk;
     (15) Engaging in a profession involving contact with the public
 while suffering from a contagious or infectious disease involving
 serious risk to public health;
     (16) Promotion for personal gain of any unnecessary or
 inefficacious drug, device, treatment, procedure, or service;
     (17) Conviction of any gross misdemeanor or felony relating to
 the practice of the person's profession. For the purposes of this
 subsection, conviction includes all instances in which a plea of
 guilty or nolo contendere is the basis for conviction and all
 proceedings in which the sentence has been deferred or suspended.
 Nothing in this section abrogates rights guaranteed under chapter
 9.96A RCW;
     (18) The offering, undertaking, or agreeing to cure or treat
 disease by a secret method, procedure, treatment, or medicine, or the
 treating, operating, or prescribing for any health condition by a
 method, means, or procedure which the licensee refuses to divulge
 upon demand of the disciplining authority;
     (19) The willful betrayal of a practitioner-patient privilege as
 recognized by law;
     (20) Violation of chapter 19.68 RCW or a pattern of violations of
 RCW 41.05.700(8), 48.43.735(8), 48.49.020, 48.49.030, 71.24.335(8),
 or 74.09.325(8);
     (21)   Interference   with   an   investigation   or  disciplinary
 proceeding   by  willful   misrepresentation   of   facts before   the
 disciplining authority or its authorized representative, or by the
 use of threats or harassment against any patient or witness to
 prevent them from providing evidence in a disciplinary proceeding or
 any other legal action, or by the use of financial inducements to any
 patient or witness to prevent or attempt to prevent him or her from
 providing evidence in a disciplinary proceeding;
     (22) Current misuse of:
     (a) Alcohol;
     (b) Controlled substances; or
     (c) Legend drugs;
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     (23) Abuse of a client or patient or sexual contact with a client
 or patient;
     (24) Acceptance of more than a nominal gratuity, hospitality, or
 subsidy offered by a representative or vendor of medical or health-
 related products or services intended for patients, in contemplation
 of a sale or for use in research publishable in professional
 journals, where a conflict of interest is presented, as defined by
 rules of the disciplining authority, in consultation with the
 department, based on recognized professional ethical standards;
     (25) Violation of RCW 18.130.420;
     (26) Performing conversion therapy on a patient under age
 eighteen;
     (27) Violation of RCW 18.130.430;
     (28) Violation of RCW 18.130.460;
    (29) Violation of section 2 of this act.
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