title: RCW 18.108.131

text:
(1) The secretary may certify an applicant as a reflexologist without examination if the applicant:
(a) Has practiced reflexology as a licensed massage therapist for at least five years prior to July 1, 2013, or provides evidence satisfactory to the secretary that he or she has, prior to July 1, 2013, successfully completed a course of study in a reflexology program approved by the secretary; and
(b) Applies for certification by one year after July 1, 2013.
(2) An applicant holding a reflexology credential in another state or a territory of the United States may be certified to practice in this state without examination if the secretary determines that the other jurisdiction's credentialing standards are substantially equivalent to the standards in this state.
[ 2016 c 41 s 12; 2012 c 137 s 15.]
Notes:
Effective date—2016 c 41: See note following RCW 18.108.010.
Finding—Purpose—Rules—Effective date—2012 c 137: See notes following RCW 18.108.005.

catchline: Exemptions—Reflexology.


doc_type: statute

jurisdiction: wa

title: RCW 18.108.195

text:
(1) For the purposes of ascertaining violations of this chapter and chapter 18.130 RCW, the secretary or authorized representative has the authority to inspect, within reasonable limits and in a reasonable manner, the premises of any massage or reflexology business establishment during hours such business is open. If the secretary is denied access to any premises or establishment the secretary may apply to any court of competent jurisdiction for a warrant authorizing access to such premises or establishment for such purposes. The court may, upon such application, issue a warrant for the purpose requested.
(2) This section does not require advance notice of an inspection.
[ 2012 c 137 s 16.]
Notes:
Finding—Purpose—Rules—Effective date—2012 c 137: See notes following RCW 18.108.005.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Inspection of premises by secretary.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 18.108.210

text:
Nothing in this chapter limits or abridges the authority of any political subdivision to levy and collect a general and nondiscriminatory license fee levied upon all businesses, or to levy a tax based upon gross business conducted by any firm within said political subdivision.
[ 2007 c 165 s 2; 1975 1st ex.s. c 280 s 22.]
Notes:
Finding—2007 c 165: "The legislature finds that licensed massage practitioners should be treated the same as other health professionals under Title 18 RCW and that additional registrations or licenses regulating massage or massage practitioners are not authorized." [ 2007 c 165 s 1.]

catchline: Authority of local political subdivisions.


title: RCW 18.108.220

text:
For the purposes of this chapter, licensed massage therapists shall be classified as "offices and clinics of health practitioners, not elsewhere classified" under section 8049 of the standard industrial classification manual published by the executive office of the president, office of management and budget.
[ 2016 c 41 s 13; 1994 c 228 s 1.]
Notes:
Effective date—2016 c 41: See note following RCW 18.108.010.
Effective date—1994 c 228: "This act shall take effect July 1, 1994." [ 1994 c 228 s 3.]

catchline: Federal classification.


title: RCW 18.108.230

text:
(1) A massage therapist licensed under this chapter may apply for an endorsement as a small or large animal massage therapist upon completion of one hundred hours of training in either large or small animal massage. Training must include animal massage techniques, kinesiology, anatomy, physiology, first aid care, and proper handling techniques.
(2) An applicant who applies for an endorsement within the first year following July 22, 2001, may submit documentation of a minimum of fifty hours of training with up to fifty hours of practical experience or continuing education, or a combination thereof, to fulfill the requirements of this section.
(3) Massage therapy of animals does not include diagnosis, prognosis, or all treatment of diseases, deformities, defects, wounds, or injuries of animals. For the purposes of this section, massage for therapeutic purposes may be performed solely for purposes of patient well-being.
(4) A person licensed and endorsed under this section may hold themselves out as an animal massage therapist.
(5) The board may adopt rules to implement this section upon consultation with the Washington state veterinary board of governors and licensed massage therapists with training in animal massage.
[ 2016 c 41 s 14; 2001 c 297 s 3.]
Notes:
Effective date—2016 c 41: See note following RCW 18.108.010.
Findings—Intent—2001 c 297: See note following RCW 18.108.010.

catchline: Animal massage therapist—Endorsement—Training requirements—Rules.


title: RCW 18.108.240

text:
The department of health shall review the implementation of chapter 277, Laws of 2002 and make recommendations to the legislature by December 1, 2005, regarding regulatory changes to chapter 277, Laws of 2002.
[ 2002 c 277 s 3.]

catchline: Chapter 277, Laws of 2002—Review/regulatory changes.


title: RCW 18.108.250

text:
(1) A massage therapist licensed under this chapter may apply for an endorsement to perform intraoral massage upon completion of training determined by the board and specified in rules. Training must include intraoral massage techniques, cranial anatomy, physiology, and kinesiology, hygienic practices, safety and sanitation, pathology, and contraindications.
(2) A massage therapist who has obtained an intraoral massage endorsement to his or her massage therapist license may practice intraoral massage.
[ 2016 c 41 s 15; 2007 c 272 s 2.]
Notes:
Effective date—2016 c 41: See note following RCW 18.108.010.

catchline: Intraoral massage—Endorsement.


title: RCW 18.108.902

text:
This chapter shall not be construed as affecting any existing right acquired or liability or obligations incurred under the sections amended or repealed in this chapter or under any rule, regulation, or order adopted under those sections, nor as affecting any proceeding instituted under those sections.
[ 1987 c 443 s 14.]

catchline: Savings—1987 c 443.


title: RCW 18.11.050

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Auctioneer" means an individual who calls bids at an auction.
(2) "Auction" means a transaction conducted by means of exchanges between an auctioneer and the members of his or her audience, constituting a series of invitations for offers for the purchase of goods or real property made by the auctioneer, offers by members of the audience, and the acceptance of the highest or most favorable offer.
(3) "Auction mart" means any fixed or established place designed, intended, or used for the conduct of auctions.
(4) "Auction company" means a sole proprietorship, partnership, corporation, or other legal or commercial entity that sells or offers to sell goods or real estate at auction or arranges, sponsors, or manages auctions. The term "auction company" shall exclude any sole proprietorship owned by an auctioneer licensed under this chapter whose gross annual sales do not exceed twenty-five thousand dollars.
(5) "Department" means the department of licensing.
(6) "Director" means the director of licensing.
(7) "Person" means an individual, partnership, association, corporation, or any other form of business enterprise.
(8) "Goods" mean wares, chattels, merchandise, or personal property owned or consigned, which may be lawfully kept or offered for sale.
(9) "License" means state authority to operate as an auctioneer or auction company, which authority is conferred by issuance of a certificate of registration subject to annual renewal.
(10) "Licensee" means an auctioneer or auction company registered under this chapter.
[ 1986 c 324 s 2; 1982 c 205 s 5.]

catchline: Definitions.


title: RCW 18.11.060

text:
This chapter shall be administered under chapter 43.24 RCW. The director shall set registration and renewal fees in accordance with RCW 43.24.086. If an auctioneer or auction company does not renew a license before it expires, the renewal shall be subject to payment of a penalty fee.
[ 1986 c 324 s 3; 1982 c 205 s 2.]

catchline: Administration of chapter—Fees.


title: RCW 18.11.070

text:
(1) It is unlawful for any person to act as an auctioneer or for an auction company to engage in any business in this state without a license.
(2) This chapter does not apply to:
(a) An auction of goods conducted by an individual who personally owns those goods and who did not acquire those goods for resale;
(b) An auction conducted by or under the direction of a public authority;
(c) An auction held under judicial order in the settlement of a decedent's estate;
(d) An auction which is required by law to be at auction;
(e) An auction conducted by or on behalf of a political organization or a charitable corporation or association if the person conducting the sale receives no compensation;
(f) An auction of livestock or agricultural products which is conducted under chapter 16.65 or 20.01 RCW. Auctions not regulated under chapter 16.65 or 20.01 RCW shall be fully subject to the provisions of this chapter;
(g) An auction held under chapter 19.150 RCW;
(h) An auction of an abandoned vehicle under chapter 46.55 RCW; or
(i) An auction of fur pelts conducted by any cooperative association organized under chapter 23.86 RCW or its wholly owned subsidiary. In order to qualify for this exemption, the fur pelts must be from members of the association. However, the association, without loss of the exemption, may auction pelts that it purchased from nonmembers for the purpose of completing lots or orders, so long as the purchased pelts do not exceed fifteen percent of the total pelts auctioned.
[ 1999 c 398 s 1; 1989 c 307 s 43; 1988 c 240 s 19; 1986 c 324 s 4; 1982 c 205 s 6.]
Notes:
Legislative finding—1989 c 307: See note following RCW 23.86.007.
Application—1989 c 307: See RCW 23.86.900.

catchline: License required—Exceptions.


title: RCW 18.11.075

text:
The department of licensing may exempt, by rule, secondhand property bought or received on consignment or sold at an auction conducted by a licensed auctioneer or auction company from RCW 19.60.050 or 19.60.055.
[ 1993 c 348 s 1.]

catchline: Secondhand property, when exempt.


title: RCW 18.11.085

text:
Every individual, before acting as an auctioneer, shall obtain an auctioneer certificate of registration. To be licensed as an auctioneer, an individual shall meet all of the following requirements:
(1) Be at least eighteen years of age or sponsored by a licensed auctioneer.
(2) File with the department a completed application on a form prescribed by the director.
(3) Be registered with the department of revenue pursuant to RCW 82.32.030.
(4) Pay the auctioneer registration fee required under the agency rules adopted pursuant to this chapter.
(5) Except as otherwise provided under RCW 18.11.121, file with the department an auctioneer surety bond in the amount and form required by RCW 18.11.121 and the agency rules adopted pursuant to this chapter.
(6) Have no disqualifications under RCW 18.11.160 or 18.235.130.
[ 2019 c 442 s 1; 2002 c 86 s 206; 1987 c 336 s 1; 1986 c 324 s 5.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Auctioneer certificate of registration—Requirements.


title: RCW 18.11.095

text:
Every person, before operating an auction company as defined in RCW 18.11.050, shall obtain an auction company certificate of registration.
(1) Except as provided in subsection (2) of this section, to be licensed as an auction company, a person shall meet all of the following requirements:
(a) File with the department a completed application on a form prescribed by the director.
(b) Sign a notarized statement included on the application form that all auctioneers hired by the auction company to do business in the state shall be properly registered under this chapter.
(c) Be registered with the department of revenue pursuant to RCW 82.32.030 and, if an ownership entity other than sole proprietor or general partnership, be registered with the secretary of state.
(d) Pay the auction company registration fee required under the agency rules adopted pursuant to this chapter.
(e) File with the department an auction company surety bond in the amount and form required by RCW 18.11.121 and the agency rules adopted pursuant to this chapter.
(f) Have no disqualifications under RCW 18.11.160 or 18.235.130.
(2) An auction company shall not be charged a license fee if it is a sole proprietorship or a partnership owned by an auctioneer or auctioneers, each of whom is licensed under this chapter, and if it has in effect a surety bond or bonds or other security approved by the director in the amount that would otherwise be required for an auction company to be granted or to retain a license under RCW 18.11.121.
[ 2019 c 442 s 2; 2002 c 86 s 207; 1987 c 336 s 5; 1986 c 324 s 6.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Auction company certificate of registration—Requirements.


title: RCW 18.11.100

text:
(1) Nonresident auctioneers and auction companies are required to comply with the provisions of this chapter, chapter 18.235 RCW, and the rules of the department as a condition of conducting business in the state.
(2) The application of a nonresident under this chapter shall constitute the appointment of the secretary of state as the applicant's agent upon whom process may be served in any action or proceeding against the applicant arising out of a transaction or operation connected with or incidental to the business of an auctioneer or an auction company.
[ 2002 c 86 s 208; 1986 c 324 s 7; 1985 c 7 s 9; 1982 c 205 s 8.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Nonresident auctioneers and auction companies.


title: RCW 18.11.121

text:
(1) Except as provided in this section, each auctioneer and each auction company shall as a condition to the granting and retention of a license have on file with the department an approved surety bond or other security in lieu of a bond. However, if an auction company is a sole proprietorship or a partnership and has on file with the department a surety bond or other security approved by the director in the amount that would otherwise be required for an auction company to be granted or to retain a license under this section, then no separate bond or bonds shall be required for the sole proprietor or any individual partner to act as an auctioneer for the sole proprietorship or partnership. The bond or other security of an auctioneer shall be in the amount of five thousand dollars.
(2) The bond or other security of an auction company shall be in an amount not less than five thousand dollars and not more than twenty-five thousand dollars. The amount shall be based on the value of the goods and real estate sold at auctions conducted, supervised, arranged, sponsored, or managed by the auction company during the previous calendar year or, for a new auction company, the estimated value of the goods and real estate to be sold at auction during the current calendar year. The director shall establish by rule the procedures to be used for determining the amount of auction company bonds or other security.
(3) In lieu of a surety bond, an auctioneer or auction company may deposit with the department any of the following:
(a) Savings accounts assigned to the director;
(b) Certificates of deposit payable to the director;
(c) Investment certificates or share accounts assigned to the director; or
(d) Any other security acceptable to the director.
All obligations and remedies relating to surety bonds authorized by this section shall apply to deposits filed with the director.
(4) Each bond shall comply with all of the following:
(a) Be executed by the person seeking the license as principal and by a corporate surety licensed to do business in the state;
(b) Be payable to the state;
(c) Be conditioned on compliance with all provisions of this chapter and the agency rules adopted pursuant to this chapter, including payment of any administrative fines assessed against the licensee; and
(d) Remain in effect for one year after expiration, revocation, or suspension of the license.
(5) If any licensee fails or is alleged to have failed to comply with the provisions of this chapter or the agency rules adopted pursuant to this chapter, the director may hold a hearing in accordance with chapter 34.05 RCW, determine those persons who are proven claimants under the bond, and, if appropriate, distribute the bond proceeds to the proven claimants. The state or an injured person may also bring an action against the bond in superior court. The liability of the surety shall be only for actual damages and shall not exceed the amount of the bond.
(6) Damages that exceed the amount of the bond may be remedied by actions against the auctioneer or the auction company under RCW 18.11.260 or other available remedies at law.
[ 1987 c 336 s 2; 1986 c 324 s 8.]

catchline: Surety bond or security required.


title: RCW 18.11.130

text:
No goods or real estate shall be sold at auction until the auctioneer or auction company has entered into a written contract or agreement with the owner or consignor in duplicate which contains the terms and conditions upon which the licensee receives or accepts the property for sale at auction.
A person who violates this section shall be subject to an administrative fine in a sum not exceeding five hundred dollars for each violation.
[ 1986 c 324 s 9; 1982 c 205 s 11.]

catchline: Written contract required—Penalty.


title: RCW 18.11.140

text:
Every person engaged in the business of selling goods or real estate at auction shall keep written records for a period of three years available for inspection which indicate clearly the name and address of the owner or consignor of the goods or real estate, the terms of acceptance and sale, and a copy of the signed written contract required by RCW 18.11.130. A person who violates this section shall be subject to an administrative fine in a sum not exceeding five hundred dollars for each violation.
[ 1986 c 324 s 10; 1982 c 205 s 12.]

catchline: Written records required—Penalty.


title: RCW 18.11.150

text:
All auctioneers and auction companies shall have their certificates of registration prominently displayed in their offices and the current renewal card or a facsimile available on demand at all auctions conducted or supervised by the licensee.
A person who violates this section shall be subject to an administrative fine in a sum not exceeding one hundred dollars for each violation.
[ 1986 c 324 s 11; 1982 c 205 s 13.]

catchline: Display of certificate of registration or renewal card required—Penalty.


title: RCW 18.11.160

text:
(1) Except as provided in RCW 9.97.020, no license shall be issued by the department to any person who has been convicted of forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy, fraud, theft, receiving stolen goods, unlawful issuance of checks or drafts, or other similar offense, or to any partnership of which the person is a member, or to any association or corporation of which the person is an officer or in which as a stockholder the person has or exercises a controlling interest either directly or indirectly.
(2) In addition to the unprofessional conduct described in RCW 18.235.130, the director has the authority to take disciplinary action for any of the following conduct, acts, or conditions:
(a) Underreporting to the department of sales figures so that the auctioneer or auction company surety bond is in a lower amount than required by law;
(b) Nonpayment of an administrative fine prior to renewal of a license; and
(c) Any other violations of this chapter.
(3) The department shall immediately suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[ 2016 c 81 s 8; 2002 c 86 s 209; 1997 c 58 s 814; 1986 c 324 s 12; 1982 c 205 s 14.]
Notes:
Finding—Conflict with federal requirements—2016 c 81: See notes following RCW 9.97.010.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.

catchline: License—Prohibition on issuance—Disciplinary action—License suspension.


title: RCW 18.11.170

text:
Any auctioneer and any auction company that conducts business within this state without a license or after the suspension or revocation of his or her license shall be fined by the department five hundred dollars for the first offense and one thousand dollars for the second or subsequent offense.
[ 1986 c 324 s 13; 1982 c 205 s 15.]

catchline: Unauthorized practice—Penalties.


title: RCW 18.11.180

text:
It shall be unlawful for a licensed auctioneer or licensed auction company to pay compensation in money or otherwise to anyone not licensed under this chapter to render any service or to do any act forbidden under this chapter to be rendered or performed except by licensees. The department may fine any person who violates this section five hundred dollars for the first offense and one thousand dollars for the second or subsequent offense. Furthermore, the violation of this section by any licensee shall be, in the discretion of the department, sufficient cause for taking any actions listed under RCW 18.235.110.
[ 2002 c 86 s 210; 1986 c 324 s 14; 1982 c 205 s 16.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Compensation of nonlicensed person—Penalties.


title: RCW 18.11.190

text:
No action or suit may be instituted in any court of this state by any person, partnership, association, or corporation not licensed as an auctioneer and as an auction company to recover compensation for an act done or service rendered which is prohibited under this chapter.
[ 1986 c 324 s 15; 1982 c 205 s 17.]

catchline: Actions for compensation for services.


title: RCW 18.11.200

text:
The director shall adopt rules for the purpose of carrying out and developing this chapter, including rules governing the conduct of inspections.
[ 2002 c 86 s 211; 1986 c 324 s 16; 1982 c 205 s 18.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Director—Authority to adopt rules.


title: RCW 18.11.205

text:
The director shall impose and collect the administrative fines authorized by this chapter. Any administrative fine imposed under this chapter or the agency rules adopted pursuant to this chapter may be appealed under chapter 34.05 RCW, the administrative procedure act. Assessment of an administrative fine shall not preclude the initiation of any disciplinary, civil, or criminal action for the same or similar violations.
[ 1986 c 324 s 17.]

catchline: Director—Authority to impose administrative fines.


title: RCW 18.11.210

text:
All newspaper advertising regarding auctions that is purchased by an auctioneer or an auction company licensed under this chapter shall include the auctioneer's or auction company's name and license number. Any auctioneer or auction company that violates this section is subject to an administrative fine of one hundred dollars per violation.
[ 1986 c 324 s 19; 1984 c 189 s 1.]

catchline: Newspaper advertisements—Name and license number required—Penalty.


title: RCW 18.11.220

text:
The client of an auctioneer or auction company has a right to (1) an accounting for any money that the auctioneer or auction company receives from the sale of the client's goods, (2) payment of all money due to the client within twenty-one calendar days unless the parties have mutually agreed in writing to another time of payment, and (3) bring an action against the surety bond or other security filed in lieu of the surety bond for any violation of this chapter or the rules adopted pursuant to this chapter.
[ 1987 c 336 s 3; 1986 c 324 s 20.]

catchline: Rights of clients.


title: RCW 18.11.230

text:
Auction proceeds due to a client that are received by the auctioneer or auction company and not paid to the client within twenty-four hours of the sale shall be deposited no later than the next business day by the auctioneer or auction company in a trust account for clients in a bank, savings and loan association, mutual savings bank, or licensed escrow agent located in the state. The auctioneer or auction company shall draw on the trust account only to pay proceeds to clients, or such other persons who are legally entitled to such proceeds, and to obtain the sums due to the auctioneer or auction company for services as set out in the written contract required under RCW 18.11.130. Funds in the trust account shall not be subject to the debt of the auctioneer or auction company and shall not be used for personal reasons or other business reasons.
[ 1987 c 336 s 4; 1986 c 324 s 21.]

catchline: Trust account required for client funds.


title: RCW 18.11.240

text:
The following requirements shall apply to bidding at auctions:
(1) An auctioneer conducting an auction and an auction company where an auction is being held shall not bid on or offer to buy any goods or real property at the auction unless the auctioneer or the auction company discloses the name of the person on whose behalf the bid or offer is being made.
(2) An auctioneer and an auction company shall not use any method of bidding at an auction that will allow goods or real property to be purchased in an undisclosed manner on behalf of the auctioneer or auction company.
(3) At a public auction conducted or supervised by an auctioneer or auction company, the auctioneer or auction company shall not fictitiously raise any bid, knowingly permit any person to make a fictitious bid, or employ or use another person to act as a bidder or buyer.
(4) All goods or real property offered for sale at an auction shall be subject to a reserve or a confirmation from the owner or consignor unless otherwise indicated by the auctioneer or auction company. Except as provided in this subsection, an auctioneer or auction company shall not use any method of bidding at an auction that allows the auctioneer or auction company to avoid selling any property offered for sale at auction.
(5) A licensee who violates any provision of this section shall be subject to an administrative fine in a sum not exceeding five hundred dollars for each violation.
[ 1986 c 324 s 22.]

catchline: Bidding—Prohibited practices—Penalty.


title: RCW 18.11.250

text:
Auctioneers and auction companies may call for bids on real estate but only persons licensed under chapter 18.85 RCW may perform activities regulated under that chapter.
[ 1986 c 324 s 23.]

catchline: Limitation on real estate auctions.


title: RCW 18.11.260

text:
A violation of this chapter is hereby declared to affect the public interest and to offend public policy. Any violation, act, or practice by an auctioneer or auction company which is unfair or deceptive, shall constitute an unfair or deceptive act or practice in violation of RCW 19.86.020. The remedies and sanctions provided in this section shall not preclude application of other available remedies and sanctions.
[ 1986 c 324 s 25.]

catchline: Application of Consumer Protection Act.


title: RCW 18.11.280

text:
The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
[ 2002 c 86 s 212.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Uniform regulation of business and professions act.


title: RCW 18.11.290

text:
An applicant with military training or experience satisfies the training or experience requirements of this chapter unless the director determines that the military training or experience is not substantially equivalent to the standards of this state.
[ 2011 c 351 s 2.]

catchline: Military training or experience.


title: RCW 18.11.901

text:
This chapter may be known and cited as the "auctioneer registration act."
[ 1986 c 324 s 1.]

catchline: Short title.


title: RCW 18.11.903

text:
This act shall take effect on July 1, 1986.
[ 1986 c 324 s 29.]

catchline: Effective date—1986 c 324.


title: RCW 18.110.010

text:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Art dealer" means a person, partnership, firm, association, or corporation, other than a public auctioneer, which undertakes to sell a work of fine art created by another.
(2) "Artist" means the creator of a work of fine art.
(3) "On consignment" means delivered to an art dealer for the purpose of sale or exhibition, or both, to the public by the art dealer other than at a public auction.
(4) "Work of fine art" means an original art work which is:
(a) A visual rendition including a painting, drawing, sculpture, mosaic, or photograph;
(b) A work of calligraphy;
(c) A work of graphic art including an etching, lithograph, offset print, or silk screen;
(d) A craft work in materials including clay, textile, fiber, wood, metal, plastic, or glass; or
(e) A work in mixed media including a collage or a work consisting of any combination of works included in this subsection.
[ 1981 c 33 s 1.]

catchline: Definitions.


title: RCW 18.110.020

text:
If an art dealer accepts a work of fine art on a fee, commission, or other compensation basis, on consignment from the artist:
(1) The art dealer is, with respect to that work of fine art, the agent of the artist.
(2) The work of fine art is trust property and the art dealer is trustee for the benefit of the artist until the work of fine art is sold to a bona fide third party.
(3) The proceeds of the sale of the work of fine art are trust property and the art dealer is trustee for the benefit of the artist until the amount due the artist from the sale is paid. These trust funds shall be paid to the artist within thirty days of receipt by the art dealer unless the parties expressly agree otherwise in writing. If the sale of the work of fine art is on installment, the funds from the installment shall first be applied to pay any balance due the artist on the sale, unless the artist expressly agrees in writing that the proceeds on each installment shall be paid according to a percentage established by the consignment agreement.
(4) The art dealer is strictly liable for the loss of or damage to the work of fine art while it is in the art dealer's possession. For the purpose of this subsection the value of the work of fine art is the value established in a written agreement between the artist and art dealer prior to the loss or damage or, if no written agreement regarding the value of the work of fine art exists, the fair market value of the work of fine art.
A work of fine art which is trust property when initially accepted by the art dealer remains trust property notwithstanding the subsequent purchase of the work of fine art by the art dealer directly or indirectly for the art dealer's own account until the purchase price is paid in full to the artist. No property which is trust property under this section is subject to the claims, liens, or security interests of the creditors of the art dealer.
[ 1981 c 33 s 2.]

catchline: Rights—Duties—Liabilities.


title: RCW 18.110.030

text:
(1) An art dealer may accept a work of fine art on a fee, commission, or other compensation basis, on consignment from the artist only if prior to or at the time of acceptance the art dealer enters into a written contract with the artist which states:
(a) The value of the work of fine art;
(b) The minimum price for the sale of the work of fine art; and
(c) The fee, commission, or other compensation basis of the art dealer.
(2) An art dealer who accepts a work of fine art on a fee, commission, or other compensation basis, on consignment from the artist may use or display the work of fine art or a photograph of the work of fine art or permit the use or display of the work or photograph only if:
(a) Notice is given to users or viewers that the work of fine art is the work of the artist; and
(b) The artist gives prior written consent to the particular use or display.
(3) Any portion of a contract which waives any provision of this chapter is void.
[ 1981 c 33 s 3.]

catchline: Contract required—Provisions.


title: RCW 18.110.040

text:
An art dealer violating RCW 18.110.030 is liable to the artist for fifty dollars plus actual damages, including incidental and consequential damages, sustained as a result of the violation. If an art dealer violates RCW 18.110.030, the artist's obligation for compensation to the art dealer is voidable. In an action under this section the court may, in its discretion, award the artist reasonable attorney's fees.
[ 1981 c 33 s 4.]

catchline: Violations—Penalties—Attorney fees.


title: RCW 18.110.900

text:
This chapter applies to any work of fine art accepted on consignment on or after July 26, 1981. If a work of fine art is accepted on consignment on or after July 26, 1981 under a contract made before that date, this section applies only to the extent that it does not conflict with the contract.
[ 1981 c 33 s 5.]

catchline: Application of chapter.


title: RCW 18.118.005

text:
The legislature recognizes the value of an analytical review, removed from the political process, of proposals for increased regulation of real estate and other business professions which the legislature already regulates, as well as of proposals for regulation of professions not currently regulated. The legislature further finds that policies and standards set out for regulation of the health professions in chapter 18.120 RCW have equal applicability to other professions. To further the goal of governmental regulation only as necessary to protect the public interest and to promote economic development through employment, the legislature expands the scope of chapter 18.120 RCW to apply to business professions. The legislature intends that the reviews of proposed business profession regulation be conducted by the department of licensing's policy and research rather than regulatory staff and that the reviews be conducted and recommendations made in an impartial manner. Further, the legislature intends that the department of licensing provide sufficient staffing to conduct the reviews.
[ 1987 c 514 s 3.]

catchline: Legislative findings—Intent.


title: RCW 18.118.010

text:
(1) The purpose of this chapter is to establish guidelines for the regulation of the real estate profession and other business professions which may seek legislation to substantially increase their scope of practice or the level of regulation of the profession, and for the regulation of business professions not licensed or regulated on July 26, 1987: PROVIDED, That the provisions of this chapter are not intended and shall not be construed to: (a) Apply to any regulatory entity created prior to July 26, 1987, except as provided in this chapter; (b) affect the powers and responsibilities of the superintendent of public instruction or Washington professional educator standards board under RCW 28A.410.210 and 28A.410.010; (c) apply to or interfere in any way with the practice of religion or to any kind of treatment by prayer; (d) apply to any remedial or technical amendments to any statutes which licensed or regulated activity before July 26, 1987; and (e) apply to proposals relating solely to continuing education. The legislature believes that all individuals should be permitted to enter into a business profession unless there is an overwhelming need for the state to protect the interests of the public by restricting entry into the profession. Where such a need is identified, the regulation adopted by the state should be set at the least restrictive level consistent with the public interest to be protected.
(2) It is the intent of this chapter that no regulation shall be imposed upon any business profession except for the exclusive purpose of protecting the public interest. All bills introduced in the legislature to regulate a business profession for the first time should be reviewed according to the following criteria. A business profession should be regulated by the state only when:
(a) Unregulated practice can clearly harm or endanger the health, safety, or welfare of the public, and the potential for the harm is easily recognizable and not remote or dependent upon tenuous argument;
(b) The public needs and can reasonably be expected to benefit from an assurance of initial and continuing professional ability; and
(c) The public cannot be effectively protected by other means in a more cost-beneficial manner.
(3) After evaluating the criteria in subsection (2) of this section and considering governmental and societal costs and benefits, if the legislature finds that it is necessary to regulate a business profession not previously regulated by law, the least restrictive alternative method of regulation should be implemented, consistent with the public interest and this section:
(a) Where existing common law and statutory civil actions and criminal prohibitions are not sufficient to eradicate existing harm, the regulation should provide for stricter civil actions and criminal prosecutions;
(b) Where a service is being performed for individuals involving a hazard to the public health, safety, or welfare, the regulation should impose inspection requirements and enable an appropriate state agency to enforce violations by injunctive relief in court, including, but not limited to, regulation of the business activity providing the service rather than the employees of the business;
(c) Where the threat to the public health, safety, or economic well-being is relatively small as a result of the operation of the business profession, the regulation should implement a system of registration;
(d) Where the consumer may have a substantial basis for relying on the services of a practitioner, the regulation should implement a system of certification; or
(e) Where apparent that adequate regulation cannot be achieved by means other than licensing, the regulation should implement a system of licensing.
[ 2005 c 497 s 218; 1990 c 33 s 553; 1987 c 514 s 4.]
Notes:
Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011.
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.

catchline: Purpose—Intent.


title: RCW 18.118.020

text:
The definitions contained in this section shall apply throughout this chapter unless the context clearly requires otherwise.
(1) "Applicant group" includes any business professional group or organization, any individual, or any other interested party which proposes that any business professional group not presently regulated be regulated or which proposes legislation to substantially increase the scope of practice or the level of regulation of the profession.
(2) "Business professions" means those business occupations or professions which are not health professions under chapter 18.120 RCW and includes, in addition to real estate brokers and salespersons under chapter 18.85 RCW, the following professions and occupations: Accountancy under chapter 18.04 RCW; architects under chapter 18.08 RCW; auctioneering under chapter 18.11 RCW; cosmetologists, barbers, and manicurists under chapter 18.16 RCW; contractors under chapter 18.27 RCW; debt adjusting under chapter 18.28 RCW; engineers and surveyors under chapter 18.43 RCW; escrow agents under chapter 18.44 RCW; landscape architects under chapter 18.96 RCW; water well construction under chapter 18.104 RCW; plumbers under chapter 18.106 RCW; and art dealers under chapter 18.110 RCW.
(3) "Certificate" and "certification" mean a voluntary process by which a statutory regulatory entity grants recognition to an individual who (a) has met certain prerequisite qualifications specified by that regulatory entity, and (b) may assume or use "certified" in the title or designation to perform prescribed professional tasks.
(4) "Grandfather clause" means a provision in a regulatory statute applicable to practitioners actively engaged in the regulated profession prior to the effective date of the regulatory statute which exempts the practitioners from meeting the prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks.
(5) "Inspection" means the periodic examination of practitioners by a state agency in order to ascertain whether the practitioners' occupation is being carried out in a fashion consistent with the public health, safety, and welfare.
(6) "Legislative committees of reference" means the standing legislative committees designated by the respective rules committees of the senate and house of representatives to consider proposed legislation to regulate business professions not previously regulated.
(7) "License", "licensing", and "licensure" mean permission to engage in a business profession which would otherwise be unlawful in the state in the absence of the permission. A license is granted to those individuals who meet prerequisite qualifications to perform prescribed professional tasks and for the use of a particular title.
(8) "Professional license" means an individual, nontransferable authorization to carry on an activity based on qualifications which include: (a) Graduation from an accredited or approved program, and (b) acceptable performance on a qualifying examination or series of examinations.
(9) "Practitioner" means an individual who (a) has achieved knowledge and skill by practice, and (b) is actively engaged in a specified business profession.
(10) "Public member" means an individual who is not, and never was, a member of the business profession being regulated or the spouse of a member, or an individual who does not have and never has had a material financial interest in either the rendering of the business professional service being regulated or an activity directly related to the profession being regulated.
(11) "Registration" means the formal notification which, prior to rendering services, a practitioner shall submit to a state agency setting forth the name and address of the practitioner; the location, nature and operation of the business activity to be practiced; and, if required by the regulatory entity, a description of the service to be provided.
(12) "Regulatory entity" means any board, commission, agency, division, or other unit or subunit of state government which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state.
(13) "State agency" includes every state office, department, board, commission, regulatory entity, and agency of the state, and, where provided by law, programs and activities involving less than the full responsibility of a state agency.
[ 1987 c 514 s 5.]


title: RCW 18.118.030

text:
After July 26, 1987, if appropriate, applicant groups shall explain each of the following factors to the extent requested by the legislative committees of reference:
(1) A definition of the problem and why regulation is necessary:
(a) The nature of the potential harm to the public if the business profession is not regulated, and the extent to which there is a threat to public health and safety;
(b) The extent to which consumers need and will benefit from a method of regulation identifying competent practitioners, indicating typical employers, if any, of practitioners in the profession; and
(c) The extent of autonomy a practitioner has, as indicated by:
(i) The extent to which the profession calls for independent judgment and the extent of skill or experience required in making the independent judgment; and
(ii) The extent to which practitioners are supervised;
(2) The efforts made to address the problem:
(a) Voluntary efforts, if any, by members of the profession to:
(i) Establish a code of ethics; or
(ii) Help resolve disputes between practitioners and consumers; and
(b) Recourse to and the extent of use of applicable law and whether it could be strengthened to control the problem;
(3) The alternatives considered:
(a) Regulation of business employers or practitioners rather than employee practitioners;
(b) Regulation of the program or service rather than the individual practitioners;
(c) Registration of all practitioners;
(d) Certification of all practitioners;
(e) Other alternatives;
(f) Why the use of the alternatives specified in this subsection would not be adequate to protect the public interest; and
(g) Why licensing would serve to protect the public interest;
(4) The benefit to the public if regulation is granted:
(a) The extent to which the incidence of specific problems present in the unregulated profession can reasonably be expected to be reduced by regulation;
(b) Whether the public can identify qualified practitioners;
(c) The extent to which the public can be confident that qualified practitioners are competent:
(i) Whether the proposed regulatory entity would be a board composed of members of the profession and public members, or a state agency, or both, and, if appropriate, their respective responsibilities in administering the system of registration, certification, or licensure, including the composition of the board and the number of public members, if any; the powers and duties of the board or state agency regarding examinations and for cause revocation, suspension, and nonrenewal of registrations, certificates, or licenses; the promulgation of rules and canons of ethics; the conduct of inspections; the receipt of complaints and disciplinary action taken against practitioners; and how fees would be levied and collected to cover the expenses of administering and operating the regulatory system;
(ii) If there is a grandfather clause, whether such practitioners will be required to meet the prerequisite qualifications established by the regulatory entity at a later date;
(iii) The nature of the standards proposed for registration, certification, or licensure as compared with the standards of other jurisdictions;
(iv) Whether the regulatory entity would be authorized to enter into reciprocity agreements with other jurisdictions; and
(v) The nature and duration of any training including, but not limited to, whether the training includes a substantial amount of supervised field experience; whether training programs exist in this state; if there will be an experience requirement; whether the experience must be acquired under a registered, certificated, or licensed practitioner; whether there are alternative routes of entry or methods of meeting the prerequisite qualifications; whether all applicants will be required to pass an examination; and, if an examination is required, by whom it will be developed and how the costs of development will be met;
(d) Assurance of the public that practitioners have maintained their competence:
(i) Whether the registration, certification, or licensure will carry an expiration date; and
(ii) Whether renewal will be based only upon payment of a fee, or whether renewal will involve reexamination, peer review, or other enforcement;
(5) The extent to which regulation might harm the public:
(a) The extent to which regulation will restrict entry into the profession:
(i) Whether the proposed standards are more restrictive than necessary to insure safe and effective performance; and
(ii) Whether the proposed legislation requires registered, certificated, or licensed practitioners in other jurisdictions who migrate to this state to qualify in the same manner as state applicants for registration, certification, and licensure when the other jurisdiction has substantially equivalent requirements for registration, certification, or licensure as those in this state; and
(b) Whether there are similar professions to that of the applicant group which should be included in, or portions of the applicant group which should be excluded from, the proposed legislation;
(6) The maintenance of standards:
(a) Whether effective quality assurance standards exist in the profession, such as legal requirements associated with specific programs that define or enforce standards, or a code of ethics; and
(b) How the proposed legislation will assure quality:
(i) The extent to which a code of ethics, if any, will be adopted; and
(ii) The grounds for suspension or revocation of registration, certification, or licensure;
(7) A description of the group proposed for regulation, including a list of associations, organizations, and other groups representing the practitioners in this state, an estimate of the number of practitioners in each group, and whether the groups represent different levels of practice; and
(8) The expected costs of regulation:
(a) The impact registration, certification, or licensure will have on the costs of the services to the public; and
(b) The cost to the state and to the general public of implementing the proposed legislation.
[ 1987 c 514 s 6.]

catchline: Applicants for regulation—Information.


title: RCW 18.118.040

text:
Applicant groups shall submit a written report explaining the factors enumerated in RCW 18.118.030 to the legislative committees of reference. Applicant groups, other than state agencies created prior to July 26, 1987, shall submit copies of their written report to the department of licensing for review and comment. The department of licensing shall make recommendations based on the report to the extent requested by the legislative committees.
[ 1987 c 514 s 7.]

catchline: Applicants for regulation—Written report—Recommendation of department of licensing.


title: RCW 18.118.901

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 49.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 18.120.010

text:
(1) The purpose of this chapter is to establish guidelines for the regulation of health professions not licensed or regulated prior to July 24, 1983, and those licensed or regulated health professions which seek to substantially increase their scope of practice: PROVIDED, That the provisions of this chapter are not intended and shall not be construed to: (a) Apply to any regulatory entity created prior to July 24, 1983, except as provided in this chapter; (b) affect the powers and responsibilities of the superintendent of public instruction or Washington professional educator standards board under RCW 28A.410.210 and 28A.410.010; (c) apply to or interfere in any way with the practice of religion or to any kind of treatment by prayer; and (d) apply to any remedial or technical amendments to any statutes which licensed or regulated activity before July 24, 1983. The legislature believes that all individuals should be permitted to enter into a health profession unless there is an overwhelming need for the state to protect the interests of the public by restricting entry into the profession. Where such a need is identified, the regulation adopted by the state should be set at the least restrictive level consistent with the public interest to be protected.
(2) It is the intent of this chapter that no regulation shall, after July 24, 1983, be imposed upon any health profession except for the exclusive purpose of protecting the public interest. All bills introduced in the legislature to regulate a health profession for the first time should be reviewed according to the following criteria. A health profession should be regulated by the state only when:
(a) Unregulated practice can clearly harm or endanger the health, safety, or welfare of the public, and the potential for the harm is easily recognizable and not remote or dependent upon tenuous argument;
(b) The public needs and can reasonably be expected to benefit from an assurance of initial and continuing professional ability; and
(c) The public cannot be effectively protected by other means in a more cost-beneficial manner.
(3) After evaluating the criteria in subsection (2) of this section and considering governmental and societal costs and benefits, if the legislature finds that it is necessary to regulate a health profession not previously regulated by law, the least restrictive alternative method of regulation should be implemented, consistent with the public interest and this section:
(a) Where existing common law and statutory civil actions and criminal prohibitions are not sufficient to eradicate existing harm, the regulation should provide for stricter civil actions and criminal prosecutions;
(b) Where a service is being performed for individuals involving a hazard to the public health, safety, or welfare, the regulation should impose inspection requirements and enable an appropriate state agency to enforce violations by injunctive relief in court, including, but not limited to, regulation of the business activity providing the service rather than the employees of the business;
(c) Where the threat to the public health, safety, or economic well-being is relatively small as a result of the operation of the health profession, the regulation should implement a system of registration;
(d) Where the consumer may have a substantial basis for relying on the services of a practitioner, the regulation should implement a system of certification; or
(e) Where apparent that adequate regulation cannot be achieved by means other than licensing, the regulation should implement a system of licensing.
[ 2005 c 497 s 219; 1990 c 33 s 554; 1983 c 168 s 1.]
Notes:
Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011.
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.

catchline: Purpose—Criteria.


title: RCW 18.120.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Applicant group" includes any health professional group or organization, any individual, or any other interested party which proposes that any health professional group not presently regulated be regulated or which proposes to substantially increase the scope of practice of the profession.
(2) "Certificate" and "certification" mean a voluntary process by which a statutory regulatory entity grants recognition to an individual who (a) has met certain prerequisite qualifications specified by that regulatory entity, and (b) may assume or use "certified" in the title or designation to perform prescribed health professional tasks.
(3) "Grandfather clause" means a provision in a regulatory statute applicable to practitioners actively engaged in the regulated health profession prior to the effective date of the regulatory statute which exempts the practitioners from meeting the prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks.
(4) "Health professions" means and includes the following health and health-related licensed or regulated professions and occupations: Podiatric medicine and surgery under chapter 18.22 RCW; chiropractic under chapter 18.25 RCW; dental hygiene under chapter 18.29 RCW; dentistry under chapter 18.32 RCW; denturism under chapter 18.30 RCW; dental anesthesia assistants under chapter 18.350 RCW; dispensing opticians under chapter 18.34 RCW; hearing instruments under chapter 18.35 RCW; naturopaths under chapter 18.36A RCW; embalming and funeral directing under chapter 18.39 RCW; midwifery under chapter 18.50 RCW; nursing home administration under chapter 18.52 RCW; optometry under chapters 18.53 and 18.54 RCW; ocularists under chapter 18.55 RCW; osteopathic medicine and surgery under chapter 18.57 RCW; pharmacy under chapters 18.64 and 18.64A RCW; medicine under chapters 18.71 and 18.71A RCW; emergency medicine under chapter 18.73 RCW; physical therapy under chapter 18.74 RCW; practical nurses under chapter 18.79 RCW; psychologists under chapter 18.83 RCW; registered nurses under chapter 18.79 RCW; occupational therapists licensed under chapter 18.59 RCW; respiratory care practitioners licensed under chapter 18.89 RCW; veterinarians and veterinary technicians under chapter 18.92 RCW; massage therapists under chapter 18.108 RCW; acupuncturists or acupuncture and Eastern medicine practitioners licensed under chapter 18.06 RCW; persons registered under chapter 18.19 RCW; persons licensed as mental health counselors, marriage and family therapists, and social workers under chapter 18.225 RCW; dietitians and nutritionists certified by chapter 18.138 RCW; radiologic technicians under chapter 18.84 RCW; nursing assistants registered or certified under chapter 18.88A RCW; reflexologists certified under chapter 18.108 RCW; medical assistants-certified, medical assistants-hemodialysis technician, medical assistants-phlebotomist, forensic phlebotomist, medical assistant-EMT, and medical assistants-registered certified and registered under chapter 18.360 RCW; licensed behavior analysts, licensed assistant behavior analysts, and certified behavior technicians under chapter 18.380 RCW; music therapists licensed under chapter 18.233 RCW; dental therapists licensed under chapter 18.265 RCW; and anesthesiologist assistants licensed under chapter 18.71D RCW.
(5) "Inspection" means the periodic examination of practitioners by a state agency in order to ascertain whether the practitioners' occupation is being carried out in a fashion consistent with the public health, safety, and welfare.
(6) "Legislative committees of reference" means the standing legislative committees designated by the respective rules committees of the senate and house of representatives to consider proposed legislation to regulate health professions not previously regulated.
(7) "License," "licensing," and "licensure" mean permission to engage in a health profession which would otherwise be unlawful in the state in the absence of the permission. A license is granted to those individuals who meet prerequisite qualifications to perform prescribed health professional tasks and for the use of a particular title.
(8) "Practitioner" means an individual who (a) has achieved knowledge and skill by practice, and (b) is actively engaged in a specified health profession.
(9) "Professional license" means an individual, nontransferable authorization to carry on a health activity based on qualifications which include: (a) Graduation from an accredited or approved program, and (b) acceptable performance on a qualifying examination or series of examinations.
(10) "Public member" means an individual who is not, and never was, a member of the health profession being regulated or the spouse of a member, or an individual who does not have and never has had a material financial interest in either the rendering of the health professional service being regulated or an activity directly related to the profession being regulated.
(11) "Registration" means the formal notification which, prior to rendering services, a practitioner shall submit to a state agency setting forth the name and address of the practitioner; the location, nature and operation of the health activity to be practiced; and, if required by the regulatory entity, a description of the service to be provided.
(12) "Regulatory entity" means any board, commission, agency, division, or other unit or subunit of state government which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state.
(13) "State agency" includes every state office, department, board, commission, regulatory entity, and agency of the state, and, where provided by law, programs and activities involving less than the full responsibility of a state agency.
[ 2024 c 362 s 9; 2024 c 217 s 6. Prior: 2023 c 460 s 14; 2023 c 175 s 9; 2020 c 80 s 22; 2019 c 308 s 17; 2017 c 336 s 19; prior: 2016 c 41 s 17; 2015 c 118 s 12; prior: 2012 c 153 s 15; 2012 c 153 s 14; 2012 c 137 s 18; 2012 c 23 s 8; 2010 c 286 s 14; 2001 c 251 s 26; 2000 c 93 s 15; 1997 c 334 s 13; 1996 c 178 s 9; prior: 1995 c 323 s 15; 1995 c 1 s 18 (Initiative Measure No. 607, approved November 8, 1994); 1994 sp.s. c 9 s 718; 1989 c 300 s 14; prior: 1988 c 277 s 12; 1988 c 267 s 21; prior: 1987 c 512 s 21; 1987 c 447 s 17; 1987 c 415 s 16; 1987 c 412 s 14; prior: 1985 c 326 s 28; 1985 c 117 s 3; prior: 1984 c 279 s 57; 1984 c 9 s 18; 1983 c 168 s 2.]
Notes:
Reviser's note: This section was amended by 2024 c 217 s 6 and by 2024 c 362 s 9, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2023 c 460 ss 1-22: See note following RCW 18.265.005.
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Findings—2019 c 308: See note following RCW 18.06.010.
Effective date—2017 c 336 ss 18 and 19: See note following RCW 18.130.040.
Finding—2017 c 336: See note following RCW 9.96.060.
Effective date—2016 c 41: See note following RCW 18.108.010.
Effective date—2015 c 118: See note following RCW 18.380.010.
Effective date—2012 c 153 ss 15 and 17: "Sections 15 and 17 of this act take effect July 1, 2016." [ 2012 c 153 s 23.]
Rules—2012 c 153: See note following RCW 18.360.005.
Finding—Purpose—Rules—Effective date—2012 c 137: See notes following RCW 18.108.005.
Intent—2010 c 286: See RCW 18.06.005.
Severability—2001 c 251: See RCW 18.225.900.
Effective dates—1997 c 334: See note following RCW 18.89.010.
Effective date—1996 c 178: See note following RCW 18.35.110.
Short title—1995 c 1 (Initiative Measure No. 607): See RCW 18.30.900.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—1987 c 412: See RCW 18.84.901.
Severability—1984 c 279: See RCW 18.130.901.


title: RCW 18.120.030

text:
After July 24, 1983, if appropriate, applicant groups shall explain each of the following factors to the extent requested by the legislative committees of reference:
(1) A definition of the problem and why regulation is necessary:
(a) The nature of the potential harm to the public if the health profession is not regulated, and the extent to which there is a threat to public health and safety;
(b) The extent to which consumers need and will benefit from a method of regulation identifying competent practitioners, indicating typical employers, if any, of practitioners in the health profession; and
(c) The extent of autonomy a practitioner has, as indicated by:
(i) The extent to which the health profession calls for independent judgment and the extent of skill or experience required in making the independent judgment; and
(ii) The extent to which practitioners are supervised;
(2) The efforts made to address the problem:
(a) Voluntary efforts, if any, by members of the health profession to:
(i) Establish a code of ethics; or
(ii) Help resolve disputes between health practitioners and consumers; and
(b) Recourse to and the extent of use of applicable law and whether it could be strengthened to control the problem;
(3) The alternatives considered:
(a) Regulation of business employers or practitioners rather than employee practitioners;
(b) Regulation of the program or service rather than the individual practitioners;
(c) Registration of all practitioners;
(d) Certification of all practitioners;
(e) Other alternatives;
(f) Why the use of the alternatives specified in this subsection would not be adequate to protect the public interest; and
(g) Why licensing would serve to protect the public interest;
(4) The benefit to the public if regulation is granted:
(a) The extent to which the incidence of specific problems present in the unregulated health profession can reasonably be expected to be reduced by regulation;
(b) Whether the public can identify qualified practitioners;
(c) The extent to which the public can be confident that qualified practitioners are competent:
(i) Whether the proposed regulatory entity would be a board composed of members of the profession and public members, or a state agency, or both, and, if appropriate, their respective responsibilities in administering the system of registration, certification, or licensure, including the composition of the board and the number of public members, if any; the powers and duties of the board or state agency regarding examinations and for cause revocation, suspension, and nonrenewal of registrations, certificates, or licenses; the promulgation of rules and canons of ethics; the conduct of inspections; the receipt of complaints and disciplinary action taken against practitioners; and how fees would be levied and collected to cover the expenses of administering and operating the regulatory system;
(ii) If there is a grandfather clause, whether such practitioners will be required to meet the prerequisite qualifications established by the regulatory entity at a later date;
(iii) The nature of the standards proposed for registration, certification, or licensure as compared with the standards of other jurisdictions;
(iv) Whether the regulatory entity would be authorized to enter into reciprocity agreements with other jurisdictions;
(v) The nature and duration of any training including, but not limited to, whether the training includes a substantial amount of supervised field experience; whether training programs exist in this state; if there will be an experience requirement; whether the experience must be acquired under a registered, certificated, or licensed practitioner; whether there are alternative routes of entry or methods of meeting the prerequisite qualifications; whether all applicants will be required to pass an examination; and, if an examination is required, by whom it will be developed and how the costs of development will be met; and
(vi) What additional training programs are anticipated to be necessary to assure training accessible statewide; the anticipated time required to establish the additional training programs; the types of institutions capable of providing the training; a description of how training programs will meet the needs of the expected workforce, including reentry workers, minorities, placebound students, and others;
(d) Assurance of the public that practitioners have maintained their competence:
(i) Whether the registration, certification, or licensure will carry an expiration date; and
(ii) Whether renewal will be based only upon payment of a fee, or whether renewal will involve reexamination, peer review, or other enforcement;
(5) The extent to which regulation might harm the public:
(a) The extent to which regulation will restrict entry into the health profession:
(i) Whether the proposed standards are more restrictive than necessary to insure safe and effective performance; and
(ii) Whether the proposed legislation requires registered, certificated, or licensed practitioners in other jurisdictions who migrate to this state to qualify in the same manner as state applicants for registration, certification, and licensure when the other jurisdiction has substantially equivalent requirements for registration, certification, or licensure as those in this state; and
(b) Whether there are similar professions to that of the applicant group which should be included in, or portions of the applicant group which should be excluded from, the proposed legislation;
(6) The maintenance of standards:
(a) Whether effective quality assurance standards exist in the health profession, such as legal requirements associated with specific programs that define or enforce standards, or a code of ethics; and
(b) How the proposed legislation will assure quality:
(i) The extent to which a code of ethics, if any, will be adopted; and
(ii) The grounds for suspension or revocation of registration, certification, or licensure;
(7) A description of the group proposed for regulation, including a list of associations, organizations, and other groups representing the practitioners in this state, an estimate of the number of practitioners in each group, and whether the groups represent different levels of practice; and
(8) The expected costs of regulation:
(a) The impact registration, certification, or licensure will have on the costs of the services to the public;
(b) The cost to the state and to the general public of implementing the proposed legislation; and
(c) The cost to the state and the members of the group proposed for regulation for the required education, including projected tuition and expenses and expected increases in training programs, staffing, and enrollments at state training institutions.
[ 1991 c 332 s 6; 1983 c 168 s 3.]
Notes:
Application to scope of practice—Captions not law—1991 c 332: See notes following RCW 18.130.010.


title: RCW 18.120.040

text:
Applicant groups shall submit a written report explaining the factors enumerated in RCW 18.120.030 to the legislative committees of reference, copies of which shall be sent to the state board of health and the department of health for review and comment. The state board of health and the department of health shall make recommendations based on the report submitted by applicant groups to the extent requested by the legislative committees.
[ 1989 1st ex.s. c 9 s 305; 1984 c 279 s 59.]
Notes:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
Severability—1984 c 279: See RCW 18.130.901.

catchline: Applicants for regulation—Written reports—Recommendations by state board of health and department of health.


title: RCW 18.120.050

text:
Requirements for licensees to engage in continuing education as a condition of continued licensure has not been proven to be an effective method of guaranteeing or improving the competence of licensees or the quality of care received by the consumer. The legislature has serious reservations concerning the appropriateness of mandated continuing education. Any legislative proposal which contains a continuing education requirement should be accompanied by evidence that such a requirement has been proven effective for the profession addressed in the legislation.
[ 1984 c 279 s 58.]
Notes:
Severability—1984 c 279: See RCW 18.130.901.

catchline: Continuing education requirements—Legislative proposals—Evidence of effectiveness.


title: RCW 18.120.900

text:
This chapter may be known and cited as the Washington regulation of health professions act.
[ 1983 c 168 s 4.]


title: RCW 18.120.920

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 50.]


title: RCW 18.122.010

text:
The legislature takes note of the burgeoning number of bills proposed to regulate new health and health-related professions and occupations. The legislature further recognizes the number of allied health professions seeking independent practice. Potentially at least one hundred forty-five discrete health professions and occupations are recognized nationally, with at least two hundred fifty secondary job classifications. A uniform and streamlined credentialing process needs to be established to permit the department of health to administer the health professional regulatory programs in the most cost-effective, accountable, and uniform manner. The public interest will be served by establishing uniform administrative provisions for the regulated professions under the jurisdiction of the department of health regulated after July 26, 1987.
[ 1989 1st ex.s. c 9 s 306; 1987 c 150 s 61.]
Notes:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.

catchline: Legislative intent.


title: RCW 18.122.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) To "credential" means to license, certify, or register an applicant.
(2) "Department" means the department of health.
(3) "Secretary" means the secretary of health or the secretary's designee.
(4) "Health profession" means a profession providing health services regulated under the laws of this state and under which laws this statute is specifically referenced.
(5) "Credential" means the license, certificate, or registration issued to a person.
[ 1989 1st ex.s. c 9 s 307; 1987 c 150 s 62.]
Notes:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.


title: RCW 18.122.030

text:
(1) The three levels of professional credentialing as defined in chapter 18.120 RCW are:
(a) Registration, which is the least restrictive, and requires formal notification of the department of health identifying the practitioner, and does not require qualifying examinations;
(b) Certification, which is a voluntary process recognizing an individual who qualifies by examination and meets established educational prerequisites, and which protects the title of practice; and
(c) Licensure, which is the most restrictive and requires qualification by examination and educational prerequisites of a practitioner whose title is protected and whose scope of practice is restricted to only those licensed.
(2) No person may practice or represent oneself as a practitioner of a health profession by use of any title or description of services without being registered to practice by the department of health, unless otherwise exempted by this chapter.
(3) No person may represent oneself as certified or use any title or description of services without applying for certification, meeting the required qualifications, and being certified by the department of health, unless otherwise exempted by this chapter.
(4) No person may represent oneself as licensed, use any title or description of services, or engage in any practice without applying for licensure, meeting the required qualifications, and being licensed by the department of health, unless otherwise exempted by this chapter.
[ 1989 1st ex.s. c 9 s 308; 1987 c 150 s 63.]
Notes:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.

catchline: Registration, certification, and licensure.


title: RCW 18.122.040

text:
Nothing in this chapter shall be construed to prohibit or restrict:
(1) The practice by an individual licensed, certified, or registered under the laws of this state and performing services within the authorized scope of practice;
(2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States;
(3) The practice by a person who is a regular student in an educational program approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor.
[ 1991 c 3 s 260; 1987 c 150 s 64.]

catchline: Exemptions.


title: RCW 18.122.050

text:
In addition to any other authority provided by law, the secretary has the authority to:
(1) Adopt rules under chapter 34.05 RCW necessary to implement this chapter;
(2) Establish all credentialing, examination, and renewal fees in accordance with RCW 43.70.250;
(3) Establish forms and procedures necessary to administer this chapter;
(4) Register any applicants, and to issue certificates or licenses to applicants who have met the education, training, and examination requirements for licensure or certification and to deny a credential to applicants who do not meet the minimum qualifications, except that proceedings concerning the denial of credentials based upon unprofessional conduct or impairment shall be governed by the uniform disciplinary act, chapter 18.130 RCW;
(5) Hire clerical, administrative, investigative, and other staff as needed to implement this chapter, and hire individuals credentialed under this chapter to serve as examiners for any practical examinations;
(6) Determine minimum education requirements and evaluate and designate those educational programs from which graduation will be accepted as proof of eligibility to take a qualifying examination for applicants for certification or licensure;
(7) Prepare, grade, and administer, or determine the nature of, and supervise the grading and administration of, examinations for applicants for certification or licensure;
(8) Determine whether alternative methods of training are equivalent to formal education, and establish forms, procedures, and criteria for evaluation of an applicant's alternative training to determine the applicant's eligibility to take any qualifying examination;
(9) Determine which states have credentialing requirements equivalent to those of this state, and issue credentials to individuals credentialed in those states without examinations;
(10) Define and approve any experience requirement for credentialing;
(11) Implement and administer a program for consumer education;
(12) Adopt rules implementing a continuing competency program;
(13) Maintain the official department record of all applicants and licensees; and
(14) Establish by rule the procedures for an appeal of an examination failure.
[ 1989 1st ex.s. c 9 s 309; 1987 c 150 s 65.]
Notes:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.

catchline: Powers of secretary.


title: RCW 18.122.060

text:
The secretary shall keep an official record of all proceedings. A part of the record shall consist of a register of all applicants for credentialing under this chapter and the results of each application.
[ 1991 c 3 s 261; 1987 c 150 s 66.]

catchline: Record of proceedings.


title: RCW 18.122.070

text:
(1) The secretary has the authority to appoint advisory committees to further the purposes of this chapter. Each such committee shall be composed of five members, one member initially appointed for a term of one year, two for a term of two years, and two for a term of three years. Subsequent appointments shall be for terms of three years. No person may serve as a member of the committee for more than two consecutive terms. Members of an advisory committee shall be residents of this state. Each committee shall be composed of three individuals registered, certified, or licensed in the category designated, and two members who represent the public at large and are unaffiliated directly or indirectly with the profession being credentialed.
(2) The secretary may remove any member of the advisory committees for cause as specified by rule. In the case of a vacancy, the secretary shall appoint a person to serve for the remainder of the unexpired term.
(3) The advisory committees shall each meet at the times and places designated by the secretary and shall hold meetings during the year as necessary to provide advice to the director [secretary]. The committee may elect a chair and a vice chair. A majority of the members currently serving shall constitute a quorum.
(4) Each member of an advisory committee shall be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060. In addition, members of the committees shall be compensated in accordance with RCW 43.03.240 when engaged in the authorized business of their committees.
(5) The secretary, members of advisory committees, or individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any credentialing or disciplinary proceedings or other official acts performed in the course of their duties.
[ 1991 c 3 s 262; 1987 c 150 s 67.]

catchline: Advisory committees.


title: RCW 18.122.080

text:
(1) The secretary shall issue a license or certificate, as appropriate, to any applicant who demonstrates to the secretary's satisfaction that the following requirements have been met:
(a) Graduation from an educational program approved by the secretary or successful completion of alternate training meeting established criteria;
(b) Successful completion of an approved examination; and
(c) Successful completion of any experience requirement established by the secretary.
(2) The secretary shall establish by rule what constitutes adequate proof of meeting the criteria.
(3) In addition, applicants shall be subject to the grounds for denial of a license or certificate or issuance of a conditional license or certificate under chapter 18.130 RCW.
(4) The secretary shall issue a registration to any applicant who completes an application which identifies the name and address of the applicant, the registration being requested, and information required by the secretary necessary to establish whether there are grounds for denial of a registration or issuance of a conditional registration under chapter 18.130 RCW.
[ 1991 c 3 s 263; 1987 c 150 s 68.]

catchline: Credentialing requirements.


title: RCW 18.122.090

text:
The secretary shall establish by rule the standards and procedures for approval of educational programs and alternative training. The secretary may utilize or contract with individuals or organizations having expertise in the profession or in education to assist in the evaluations. The secretary shall establish by rule the standards and procedures for revocation of approval of education programs. The standards and procedures set shall apply equally to educational programs and training in the United States and in foreign jurisdictions. The secretary may establish a fee for educational program evaluations.
[ 1991 c 3 s 264; 1987 c 150 s 69.]

catchline: Approval of educational programs.


title: RCW 18.122.100

text:
(1) The date and location of examinations shall be established by the secretary. Applicants shall be scheduled for the next examination following the filing of the application. The secretary shall establish by rule the examination application deadline.
(2) The secretary or the secretary's designees shall examine each applicant, by means determined most effective, on subjects appropriate to the scope of practice, as applicable. Such examinations shall be limited to the purpose of determining whether the applicant possesses the minimum skill and knowledge necessary to practice competently.
(3) The examination papers, all grading of the papers, and the grading of any practical work shall be preserved for a period of not less than one year after the secretary has made and published the decisions. All examinations shall be conducted under fair and wholly impartial methods.
(4) Any applicant failing to make the required grade in the first examination may take up to three subsequent examinations as the applicant desires upon prepaying a fee determined by the secretary under RCW 43.70.250 for each subsequent examination. Upon failing four examinations, the secretary may invalidate the original application and require such remedial education before the person may take future examinations.
(5) The secretary may approve an examination prepared or administered by a private testing agency or association of licensing agencies for use by an applicant in meeting the credentialing requirements.
[ 2023 c 425 s 9; 1989 1st ex.s. c 9 s 310; 1987 c 150 s 70.]
Notes:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.

catchline: Examinations.


title: RCW 18.122.110

text:
Applications for credentialing shall be submitted on forms provided by the secretary. The secretary may require any information and documentation which reasonably relates to the need to determine whether the applicant meets the criteria for credentialing provided for in this chapter and chapter 18.130 RCW. Each applicant shall pay a fee determined by the secretary under RCW 43.70.250. The fee shall accompany the application.
[ 1989 1st ex.s. c 9 s 311; 1987 c 150 s 71.]
Notes:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.

catchline: Applications.


title: RCW 18.122.120

text:
The secretary shall waive the examination and credential a person authorized to practice within the state of Washington if the secretary determines that the person meets commonly accepted standards of education and experience for the profession. This section applies only to those individuals who file an application for waiver within one year of the establishment of the authorized practice.
[ 1991 c 3 s 265; 1987 c 150 s 72.]

catchline: Waiver of examination for initial applications.


title: RCW 18.122.130

text:
An applicant holding a credential in another state may be credentialed to practice in this state without examination if the secretary determines that the other state's credentialing standards are substantially equivalent to the standards in this state.
[ 1991 c 3 s 266; 1987 c 150 s 73.]

catchline: Endorsement.


title: RCW 18.122.140

text:
The secretary shall establish by rule the procedural requirements and fees for renewal of a credential. Failure to renew shall invalidate the credential and all privileges granted by the credential. If a license or certificate has lapsed for a period longer than three years, the person shall demonstrate competence to the satisfaction of the secretary by taking continuing education courses, or meeting other standards determined by the secretary.
[ 1991 c 3 s 267; 1987 c 150 s 74.]

catchline: Renewals.


title: RCW 18.122.150

text:
The uniform disciplinary act, chapter 18.130 RCW, shall govern the issuance and denial of credentials, unauthorized practice, and the discipline of persons credentialed under this chapter. The secretary shall be the disciplining authority under this chapter.
[ 1991 c 3 s 268; 1987 c 150 s 75.]

catchline: Application of uniform disciplinary act.


title: RCW 18.122.160

text:
This chapter only applies to a business or profession regulated under the laws of this state if this chapter is specifically referenced in the laws regulating that business or profession.
[ 1987 c 150 s 76.]

catchline: Application of chapter.


title: RCW 18.122.165

text:
Pursuant to RCW 48.165.030 and 48.165.035, the secretary or his or her designee shall participate in the work groups and, within funds appropriated specifically for this purpose, implement the standards to enable the department to transmit data to and receive data from the uniform process.
[ 2009 c 298 s 7.]

catchline: Health care administration work groups—Secretary's participation.


title: RCW 18.122.900

text:
Section captions as used in this chapter do not constitute any part of the law.
[ 1987 c 150 s 77.]

catchline: Section captions.


title: RCW 18.122.901

text:
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
[ 1987 c 150 s 80.]

catchline: Severability—1987 c 150.


title: RCW 18.130.010

text:
It is the intent of the legislature to strengthen and consolidate disciplinary and licensure procedures for the licensed health and health-related professions and businesses by providing a uniform disciplinary act with standardized procedures for the licensure of health care professionals and the enforcement of laws the purpose of which is to assure the public of the adequacy of professional competence and conduct in the healing arts.
It is also the intent of the legislature that all health and health-related professions newly credentialed by the state come under the Uniform Disciplinary Act.
Further, the legislature declares that the addition of public members on all health care commissions and boards can give both the state and the public, which it has a statutory responsibility to protect, assurances of accountability and confidence in the various practices of health care.
[ 1994 sp.s. c 9 s 601; 1991 c 332 s 1; 1986 c 259 s 1; 1984 c 279 s 1.]
Notes:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Application to scope of practice—1991 c 332: "Nothing in sections 1 through 39 of this act is intended to change the scope of practice of any health care profession referred to in sections 1 through 39 of this act." [ 1991 c 332 s 46.]
Captions not law—1991 c 332: "Section captions and part headings as used in this act constitute no part of the law." [ 1991 c 332 s 43.]
Severability—1986 c 259: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1986 c 259 s 152.]

catchline: Intent.


title: RCW 18.130.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means any of those boards specified in RCW 18.130.040.
(2) "Clinical expertise" means the proficiency or judgment that a license holder in a particular profession acquires through clinical experience or clinical practice and that is not possessed by a lay person.
(3) "Commission" means any of the commissions specified in RCW 18.130.040.
(4)(a) "Conversion therapy" means a regime that seeks to change an individual's sexual orientation or gender identity. 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."
(b) "Conversion therapy" does not include counseling or psychotherapies that provide acceptance, support, and understanding of clients or the facilitation of clients' coping, social support, and identity exploration and development that do not seek to change sexual orientation or gender identity.
(5) "Department" means the department of health.
(6) "Disciplinary action" means sanctions identified in RCW 18.130.160.
(7) "Disciplining authority" means the agency, board, or commission having the authority to take disciplinary action against a holder of, or applicant for, a professional or business license upon a finding of a violation of this chapter or a chapter specified under RCW 18.130.040.
(8) "Health agency" means city and county health departments and the department of health.
(9) "License," "licensing," and "licensure" shall be deemed equivalent to the terms "license," "licensing," "licensure," "certificate," "certification," and "registration" as those terms are defined in RCW 18.120.020.
(10)(a) "Physician well-being program" means a formal program established for the purpose of addressing issues related to career fatigue and well-being in physicians licensed under chapter 18.71 RCW, osteopathic physicians and surgeons licensed under chapter 18.57 RCW, physicians licensed under chapter 18.71B RCW, and physician assistants licensed under chapters 18.71A and 18.71C RCW, that:
(i) Uses one-on-one, peer-to-peer interactions and connects participants to physical and behavioral health resources and professional supports when appropriate;
(ii) Is limited to no more than three sessions per participant every 12 months;
(iii) May include discussions pertaining to general career fatigue and well-being arising from the physician's or physician assistant's professional obligations, but not for other purposes such as evaluation of specific care or harm of specific patients, discipline, quality improvement, or the identification and prevention of medical malpractice or misconduct of specific providers;
(iv) Is established in writing and contracted for, in advance of any peer-to-peer interactions or referrals, by an employer of physicians and physician assistants, a nonprofit professional medical organization representing a specialty of physicians, or a statewide organization representing physicians and physician assistants;
(v) Does not allow as participants any person employed by, or with a financial ownership interest in, the program; and
(vi) Does not include the monitoring of physicians or physician assistants who may be unable to practice medicine with reasonable skill and safety.
(b) A quality improvement plan established under RCW 43.70.510 or 70.41.200 is not a physician well-being program for purposes of this section. RCW 43.70.510 and 70.41.200 therefore do not apply to a physician well-being program established under this section.
(11) "Practice review" means an investigative audit of records related to the complaint, without prior identification of specific patient or consumer names, or an assessment of the conditions, circumstances, and methods of the professional's practice related to the complaint, to determine whether unprofessional conduct may have been committed.
(12) "Secretary" means the secretary of health or the secretary's designee.
(13) "Standards of practice" means the care, skill, and learning associated with the practice of a profession.
(14) "Unlicensed practice" means:
(a) Practicing a profession or operating a business identified in RCW 18.130.040 without holding a valid, unexpired, unrevoked, and unsuspended license to do so; or
(b) Representing to a consumer, through offerings, advertisements, or use of a professional title or designation, that the individual is qualified to practice a profession or operate a business identified in RCW 18.130.040, without holding a valid, unexpired, unrevoked, and unsuspended license to do so.
[ 2025 c 97 s 1; 2018 c 300 s 3; 2008 c 134 s 2; 1995 c 336 s 1; 1994 sp.s. c 9 s 602; 1989 1st ex.s. c 9 s 312; 1986 c 259 s 2; 1984 c 279 s 2.]
Notes:
Intent—Finding—Construction—2018 c 300: See notes following RCW 18.130.180.
Alphabetization—2008 c 134 s 2: "The code reviser is directed to put the defined terms in RCW 18.130.020 in alphabetical order." [ 2008 c 134 s 39.]
Finding—Intent—2008 c 134: "From statehood, Washington has constitutionally provided for the regulation of the practice of medicine and the sale of drugs and medicines. This constitutional recognition of the importance of regulating health care practitioners derives not from providers' financial interest in their license, but from the greater need to protect the public health and safety by assuring that the health care providers and medicines that society relies upon meet certain standards of quality.
The legislature finds that the issuance of a license to practice as a health care provider should be a means to promote quality and not be a means to provide financial benefit for providers. Statutory and administrative requirements provide sufficient due process protections to prevent the unwarranted revocation of a health care provider's license. While those due process protections must be maintained, there is an urgent need to return to the original constitutional mandate that patients be ensured quality from their health care providers. The legislature has recognized and medical malpractice reforms have recognized the importance of quality and patient safety through such measures as a new adverse events reporting system. Reforms to the health care provider licensing system is another step toward improving quality in health care. Therefore, the legislature intends to increase the authority of those engaged in the regulation of health care providers to swiftly identify and remove health care providers who pose a risk to the public." [ 2008 c 134 s 1.]
Severability—2008 c 134: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2008 c 134 s 38.]
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
Severability—1986 c 259: See note following RCW 18.130.010.

catchline: Definitions.


title: RCW 18.130.035

text:
In accordance with RCW 43.135.055, to implement the background check activities conducted pursuant to RCW 18.130.064, the department may establish fees as necessary to recover the cost of these activities and, except as precluded by RCW 43.70.110, the department shall require applicants to submit the required fees along with other information required by the state patrol.
[ 2008 c 285 s 12.]
Notes:
Intent—Captions not law—Effective date—2008 c 285: See notes following RCW 43.22.434.

catchline: Background check activities—Fees.


title: RCW 18.130.037

text:
In accordance with RCW 43.135.055, the department may annually increase application and renewal fees as necessary to recover the cost of implementing the administrative and disciplinary provisions of chapter 134, Laws of 2008.
[ 2008 c 285 s 13.]
Notes:
Intent—Captions not law—Effective date—2008 c 285: See notes following RCW 43.22.434.

catchline: Application and renewal fees.