D.C. Law 21-95. LGBTQ Cultural Competency Continuing Education Amendment Act of 2016.

D.C. Law 21-95. LGBTQ Cultural Competency Continuing Education Amendment Act of 2016.

AN ACT

To amend the District of Columbia Health Occupations Revision Act of 1985 to require continuing education for health occupations on the subject of cultural competence and appropriate clinical treatment for individuals who are lesbian, gay, bisexual, transgender, gender nonconforming, queer, or questioning their sexual orientation or gender identity and expression.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "LGBTQ Cultural Competency Continuing Education Amendment Act of 2016".

Sec. 2. Section 510 of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.10), is amended as follows:

(a) Subsection (b) is amended as follows:

(1) Paragraph (4)(B)(v) is amended by striking the phrase "prophylaxis treatment." and inserting the phrase "prophylaxis treatment; and" in its place.

(2) A new paragraph (5) is added to read as follows:

"(5)(A) Except as provided in subsection (b-1)(4) of this section, require that any continuing education requirements for the practice of any health occupation licensed, registered, or certified under this section include 2 credits of instruction on cultural competency or specialized clinical training focusing on patients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression ("LGBTQ").

"(B) The instruction required by subparagraph (A) of this paragraph shall, at a minimum, provide information and skills to enable a health professional to care effectively and respectfully for patients who identify as LGBTQ, which may include:

"(i) Specialized clinical training relevant to patients who identify as LGBTQ, including training on how to use cultural information and terminology to establish clinical relationships;

"(ii) Training that improves the understanding and application, in a clinical setting, of relevant data concerning health disparities and risk factors for patients who identify as LGBTQ;

"(iii) Training that outlines the legal obligations associated with treating patients who identify as LGBTQ;

"(iv) Best practices for collecting, storing, using, and keeping confidential, information regarding sexual orientation and gender identity;

"(v) Best practices for training support staff regarding the treatment of patients who identify as LGBTQ and their families;

"(vi) Training that improves the understanding of the intersections between systems of oppression and discrimination and improves the recognition that those who identify as LGBTQ may experience these systems in varying degrees of intensity; and

"(vii) Training that addresses underlying cultural biases aimed at improving the provision of nondiscriminatory care for patients who identify as LGBTQ.".

(b) Subsection (b-1) is amended as follows:

(1) Paragraph (2) is amended by striking the word "and" at the end.

(2) Paragraph (3) is amended by striking the phrase "considers appropriate." and inserting the phrase "considers appropriate; and" in its place.

(3) A new paragraph (4) is added to read as follows:

"(4) Waive by rule the requirement in subsection (b)(5) of this section for:

"(A) Any health occupation licensed, registered, or certified under this section if members of that health occupation do not see patients in a clinical setting; or

"(B) Any licensed health professional who can prove to the satisfaction of the relevant board that he or she did not see patients in a clinical setting in the District during the previous licensing cycle.".

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 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.