D.C. Law 24-307. Protecting Health Professionals Providing Reproductive Health Care Amendment Act of 2022.

AN ACT

To amend the District of Columbia Health Occupations Revision Act of 1985 to prohibit reciprocal disciplinary measures against certified, licensed, or registered health professionals solely for providing abortion and reproductive health care services, gender affirming care, or prescriptions to patients who live in states where these services are illegal or restricted but are permitted in the District, and to require the Mayor to expedite the review of certification, licensing, or registration of such health professionals.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Protecting Health Professionals Providing Reproductive Health Care Amendment Act of 2022".

Sec. 2. The District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99, D.C. Official Code § 3-1201.01 et seq.), is amended as follows:

(a) The table of contents is amended by adding a new designation for section 501a to read as follows:

"Sec. 501a. Expedited licensure, registration, or certification.

(b) A new section 501a is added to read as follows:

"Sec. 501a. Expedited licensure, registration, or certification.

"(a) The Mayor shall authorize expedited review of an application for licensure, certification, or registration by a health professional whose certification, license, or registration has been suspended or revoked in another state solely because the health professional provided, facilitated, or attempted to provide or facilitate, conduct described in section 514(e-1) that is permitted in the District.

"(b) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (Stat. 1204; D.C. Official Code 2-501 et seq.), may issue rules to implement the provision of this section.".

(c) Section 514 (D.C. Official Code § 3-1205.14) is amended as follows:

(1) Subsection (c) is amended by striking the phrase "Upon determination" and inserting the phrase "Except as otherwise provided in subsection (e-1) of this section, upon determination" in its place.

(2) A new subsection (e-1) is added to read as follows:

"(e-1) A board shall not take reciprocal adverse or disciplinary action described in subsection (c) of this section against a person whose license, registration, or certification in another state has been revoked, suspended, or restricted by adverse or disciplinary action if:

"(1) The person's license, registration, or certification in the other state was revoked, suspended, or restricted solely because they provided or facilitated, or attempted to provide or facilitate, to a patient or client:

"(A) An abortion or other reproductive health care service;

"(B) Social, psychological, behavioral, medical, or surgical intervention designed or employed to support or affirm a person's gender identity, including hormone therapy, behavioral healthcare, reproductive counseling, hair removal, speech therapy, facial reconstruction surgery, and gender affirmation surgery; or

"(C) Medication that was prescribed for its intended purpose; and

"(2) The conduct described in paragraph (1) of this subsection is permitted under District law and would be within the scope of practice of the person's license, registration, or certification in the District.".

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 4. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in sections 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.

Law Information

Cites

  • D.C. Law 24-307 (PDF)
  • D.C. Act 24-738 (PDF)
  • 70 DCR 593

Effective

Mar. 10, 2023

Legislative History (LIMS)

Law 24-307, the “Protecting Health Professionals Providing Reproductive Health Care Amendment Act of 2022,” was introduced in the Council and assigned Bill No. 24-830 which was referred to the Health. The bill was adopted on first and second readings on Dec. 6, 2022, and Dec. 20, 2022, respectively. After mayoral review, it was assigned Act No. 24-738 on Jan. 10, 2023, and transmitted to Congress for its review. D.C. Law 24-307 became effective Mar. 10, 2023.