Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Health Care & Wellness Committee

HB 2451

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Restricting the practice of sexual orientation change efforts.

Sponsors: Representatives Liias, Walsh, Moeller, Cody, Walkinshaw, Jinkins, Lytton, Goodman, Stanford, Wylie, Riccelli, Pettigrew, Roberts, Orwall, Ryu, Tarleton, Reykdal, Habib, Bergquist, Gregerson, Farrell, Pollet and Ormsby.

Brief Summary of Bill

  • Establishes the performance of sexual orientation change efforts by a health care provider on a patient under 18 years old as an act of unprofessional conduct.

Hearing Date: 1/22/14

Staff: Chris Blake (786-7392).

Background:

The Uniform Disciplinary Act (UDA) governs disciplinary actions for all categories of credentialed health care providers. The UDA defines acts of unprofessional conduct, establishes sanctions for such acts, and provides general procedures for addressing complaints and taking disciplinary actions against a credentialed health care provider. Responsibilities in the disciplinary process are divided between the Secretary of Health (Secretary) and the 16 health profession boards and commissions (collectively known as "disciplining authorities") according to the profession that the health care provider is a member of and the relevant step in the disciplinary process.

There are numerous specified acts of unprofessional conduct under the UDA, some of which include negligence or malpractice, behavior involving dishonesty or corruption related to one's practice, false advertising, convictions related to one's practice, current misuse of drugs or alcohol, betrayal of a practitioner-patient privilege, practicing beyond the scope of one's profession, and misrepresentation or fraud related to the profession.

Upon a finding of an act of unprofessional conduct, the disciplining authority decides which sanctions should be ordered. These sanctions include: revocation of a license, suspension of a license, restriction of the practice, mandatory remedial education or treatment, monitoring of the practice, censure or reprimand, conditions of probation, payment of a fine, denial of a license request, corrective action, refund of billings, and surrender of the license.

Summary of Bill:

It is unprofessional conduct for a health care provider to perform sexual orientation change efforts on a patient under 18 years old. The term "sexual orientation change efforts" is defined as a regime that seeks to change one's sexual orientation, including efforts to change behaviors or gender expressions or to reduce sexual or romantic attractions toward individuals of the same sex. The term does not include psychotherapies that (1) provide acceptance, support, and understanding of clients or facilitate a client's coping, social support, and identity exploration and (2) do not seek to change a person's sexual orientation.

Legislative findings and declarations are made stating that sexual orientation change efforts present negative health risks to patients and that the state has a compelling interest in protecting the physical and psychological well-being of minors.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.