BILL REQ. #:  H-1376.1 

Read first time 02/14/13.   Referred to Committee on Appropriations Subcommittee on Health & Human Services.

     AN ACT Relating to reviewing sexual orientation change efforts for children; adding a new section to chapter 43.70 RCW; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 43.70 RCW to read as follows:
     (1) The department shall establish a work group to review and make recommendations on the practice of sexual orientation change efforts on persons under eighteen years of age in Washington.
     (2) The work group may include no more than fifteen members representing various mental health providers. The department shall make reasonable efforts to recruit a practitioner of sexual orientation change efforts to serve on the work group. The work group membership must include:
     (a) One member who is a licensed mental health counselor under chapter 18.225 RCW;
     (b) One member who is a licensed marriage and family therapist under chapter 18.225 RCW;
     (c) One member who is a fully licensed independent clinical social worker under chapter 18.225 RCW;
     (d) One member who is a fully licensed advanced social worker under chapter 18.225 RCW;
     (e) One member of the examining board of psychology who is a psychologist licensed under chapter 18.83 RCW;
     (f) One physician licensed under chapter 18.71 RCW who specializes in the practice of psychiatry;
     (g) One osteopathic physician licensed under chapter 18.57 RCW who specializes in the practice of psychiatry;
     (h) One member of the faith community who is also a licensed mental health professional; and
     (i) One member of the public.
     (3) The work group shall:
     (a) Evaluate research relating to the practice of sexual orientation change efforts on persons who are less than eighteen years of age. The work group shall base its research upon sources that are peer-reviewed journals as well as other research that it determines is highly reliable, including research provided by the Washington state institute for public policy as provided in subsection (4) of this section;
     (b) Identify the potential harms to clients who are persons less than eighteen years of age that may occur through the practice of sexual orientation change efforts both by licensed mental health providers and by unlicensed practitioners of sexual orientation change efforts; and
     (c) Develop recommendations for approaches to protect clients who are persons less than eighteen years of age from potential harm related to receiving sexual orientation change efforts. The recommendations must consider approaches to protect clients both for licensed mental health providers and unlicensed practitioners of sexual orientation change efforts. The work group shall consider specific client protection standards for the provision of sexual orientation change efforts to clients who are persons less than eighteen years of age, including the use of disclosure statements for clients receiving sexual orientation change efforts and the prohibition of the practice.
     (4) The department of health shall contract with the Washington state institute of public policy to conduct a review of the research related to sexual orientation change efforts and the potential harm that it poses to clients less than eighteen years of age to inform the efforts to the work group.
     (5) The work group shall hold one public meeting on each side of the Cascade crest. The public meetings may be held either in person or through an electronic connection. The department shall establish an opportunity for individuals to submit confidential comments to the work group either in writing or by electronic means.
     (6) The work group shall report its findings and recommendations to the governor, the appropriate committees of the legislature, and the disciplining authorities representing mental health providers by December 15, 2013.
     (7) For the purposes of this section:
     (a) "Mental health providers" means marriage and family therapists licensed under chapter 18.225 RCW, mental health counselors licensed under chapter 18.225 RCW, physicians licensed under chapter 18.71 RCW who specialize in the practice of psychiatry, osteopathic physicians licensed under chapter 18.57 RCW who specialize in the practice of psychiatry, psychologists licensed under chapter 18.83 RCW, and independent clinical and advanced social workers licensed under chapter 18.225 RCW.
     (b)(i) "Sexual orientation change efforts" means a regime practiced by mental health providers that seeks to change an individual's sexual orientation. The term includes efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex. The term includes, but is not limited to, practices commonly referred to as "reparative therapy" or "conversion therapy."
     (ii) The term does not include psychotherapies that (A) provide acceptance, support, and understanding of clients or the facilitation of clients' coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices; and (B) do not seek to change sexual orientation.
     (8) This section expires January 1, 2014.