CERTIFICATION OF ENROLLMENT
HOUSE BILL 1564
Chapter 296, Laws of 2023
68TH LEGISLATURE
2023 REGULAR SESSION
OVER-THE-COUNTER SEXUAL ASSAULT KITS
EFFECTIVE DATE: July 23, 2023
Passed by the House April 13, 2023
  Yeas 96  Nays 0
LAURIE JINKINS
Speaker of the House of Representatives
Passed by the Senate April 7, 2023
  Yeas 42  Nays 7
DENNY HECK
President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1564 as passed by the House of Representatives and the Senate on the dates hereon set forth.
BERNARD DEAN
Chief Clerk
Chief Clerk
Approved May 4, 2023 3:23 PM
FILED
May 5, 2023
JAY INSLEE
Governor of the State of Washington
Secretary of State
State of Washington
HOUSE BILL 1564
AS AMENDED BY THE SENATE
Passed Legislature - 2023 Regular Session
State of Washington
68th Legislature
2023 Regular Session
ByRepresentatives Mosbrucker, Orwall, Chambers, Graham, Rude, and Rule
Read first time 01/24/23.Referred to Committee on Community Safety, Justice, & Reentry.
AN ACT Relating to prohibiting the sale of over-the-counter sexual assault kits; adding a new section to chapter 5.70 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION.  Sec. 1. It is the intent of the legislature to support survivors of sexual offenses through building victim-centered, trauma-informed systems that promote successful investigations and prosecutions of sexual offenses. Thorough and professional investigations, including preservation of forensic evidence, are imperative and a fundamental component in achieving these outcomes. At-home sexual assault test kits create false expectations and harm the potential for successful investigations and prosecutions. The sale of over-the-counter sexual assault kits may prevent survivors from receiving accurate information about their options and reporting processes; from obtaining access to appropriate and timely medical treatment and follow up; and from connecting to their community and other vital resources.
NEW SECTION.  Sec. 2. A new section is added to chapter 5.70 RCW to read as follows:
(1) For purposes of this section:
(a) "Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place situated in Washington state where a health care provider provides health care to patients.
(b) "Health care provider" means a person licensed, certified, or otherwise authorized or permitted by law, in Washington state, to provide health care in the ordinary course of business or practice of a profession, and includes a health care facility.
(c) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or any other legal or commercial entity. The term does not include a government or governmental subdivision, agency, or instrumentality.
(d) "Sexual assault kit" means a product with which evidence of sexual assault is collected.
(2) A person may not sell, offer for sale, or otherwise make available a sexual assault kit:
(a) That is marketed or otherwise presented as over-the-counter, at-home, or self-collected or in any manner that indicates that the sexual assault kit may be used for the collection of evidence of sexual assault other than by law enforcement or a health care provider; or
(b) If the person intends, knows, or reasonably should know that the sexual assault kit will be used for the collection of evidence of sexual assault other than by law enforcement or a health care provider.
(3) The legislature finds that the practices covered by this section are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this section is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
Passed by the House April 13, 2023.
Passed by the Senate April 7, 2023.
Approved by the Governor May 4, 2023.
Filed in Office of Secretary of State May 5, 2023.
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