Background: Health care providers are licensed and regulated by the relevant disciplining authority for each health care profession. Under the Uniform Disciplinary Act (UDA), disciplining authorities have the authority to investigate all complaints or reports of unprofessional conduct. Upon a finding, after a hearing, that a license holder has committed unprofessional conduct, the disciplining authority is required to issue an order including appropriate sanctions.
Disciplining authorities may deny an application for licensure or grant a licensure with conditions under certain circumstances, including if the applicant has had their license to practice any health care profession suspended, revoked, or restricted in any jurisdiction or if the applicant has committed an act defined as unprofessional conduct under the UDA.
Among other acts and conditions, unprofessional conduct is defined under the UDA to include:
- suspension, revocation, or restriction of an individual's license to practice any health care profession in any jurisdiction;
- violation of any state or federal statute or administrative rule regulating the profession in question; and
- violations of rules established by any health agency.
The following do not constitute unprofessional conduct under the UDA:
- the provision of, or other participation in, any reproductive health care services or gender affirming treatment consistent with the standard of care in Washington by a license holder;
- the provision of, or other participation in, any reproductive health care services or gender-affirming treatment by a license holder, if the participation is consistent with the standard of care in Washington or would have been lawful and consistent with standards of care if it occurred entirely in Washington; and
- a conviction or disciplinary action based on the license holder's violation of another state's laws prohibiting the provision of or other participation in any reproductive health care services or gender-affirming treatment, if the participation would have been lawful and consistent with standards of care if it occurred entirely in Washington.
The following, with some exceptions, may not serve as the basis for a denial of licensure or other professional discipline under the UDA:
- the provision of, or other participation in, any reproductive health care services or gender-affirming treatment by a license holder, if the participation would have been lawful and consistent with standards of care if it occurred entirely in Washington; and
- a conviction or disciplinary action based on the license holder's violation of another state's laws prohibiting the provision of or other participation in any reproductive health care services or gender-affirming treatment, if the participation would have been lawful and consistent with standards of care if it occurred entirely in Washington.