title: RCW 18.225.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Advanced social work" means the application of social work theory and methods, including:
(a) Emotional and biopsychosocial assessment;
(b) Psychotherapy under the supervision of a licensed independent clinical social worker, psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, psychiatric nurse, or other mental health professionals as may be defined by rules adopted by the secretary;
(c) Case management;
(d) Consultation;
(e) Advocacy;
(f) Counseling; or
(g) Community organization.
(2) "Applicant" means a person who completes the required application, pays the required fee, is at least eighteen years of age, and meets any background check requirements and uniform disciplinary act requirements.
(3) "Associate" means a prelicensure candidate who has a graduate degree in a mental health field under RCW 18.225.090 and is gaining the supervision and supervised experience necessary to become a licensed independent clinical social worker, a licensed advanced social worker, a licensed mental health counselor, or a licensed marriage and family therapist.
(4) "Committee" means the Washington state mental health counselors, marriage and family therapists, and social workers advisory committee.
(5) "Department" means the department of health.
(6) "Disciplining authority" means the department.
(7) "Independent clinical social work" means the diagnosis and treatment of emotional and mental disorders based on knowledge of human development, the causation and treatment of psychopathology, psychotherapeutic treatment practices, and social work practice as defined in advanced social work. Treatment modalities include but are not limited to diagnosis and treatment of individuals, couples, families, groups, or organizations.
(8) "Marriage and family therapy" means the diagnosis and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of relationships, including marriage and family systems. Marriage and family therapy involves the professional application of psychotherapeutic and family systems theories and techniques in the delivery of services to individuals, couples, and families for the purpose of treating such diagnosed nervous and mental disorders. The practice of marriage and family therapy means the rendering of professional marriage and family therapy services to individuals, couples, and families, singly or in groups, whether such services are offered directly to the general public or through organizations, either public or private, for a fee, monetary or otherwise.
(9) "Mental health counseling" means the application of principles of human development, learning theory, psychotherapy, group dynamics, and etiology of mental illness and dysfunctional behavior to individuals, couples, families, groups, and organizations, for the purpose of treatment of mental disorders and promoting optimal mental health and functionality. Mental health counseling also includes, but is not limited to, the assessment, diagnosis, and treatment of mental and emotional disorders, as well as the application of a wellness model of mental health.
(10) "Secretary" means the secretary of health or the secretary's designee.
[ 2013 c 73 s 2; 2008 c 135 s 11; 2001 c 251 s 1.]
Notes:
Effective date—2008 c 135 ss 1, 2, 7-9, and 11-19: See note following RCW 18.19.020.
PDF
RCW 18.225.010
Definitions. (Effective June 30, 2027.)
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Advanced social work" means the application of social work theory and methods, including:
(a) Emotional and biopsychosocial assessment;
(b) Psychotherapy under the supervision of a licensed independent clinical social worker, psychiatrist, psychologist, psychiatric advanced practice registered nurse, psychiatric nurse, or other mental health professionals as may be defined by rules adopted by the secretary;
(c) Case management;
(d) Consultation;
(e) Advocacy;
(f) Counseling; or
(g) Community organization.
(2) "Applicant" means a person who completes the required application, pays the required fee, is at least eighteen years of age, and meets any background check requirements and uniform disciplinary act requirements.
(3) "Associate" means a prelicensure candidate who has a graduate degree in a mental health field under RCW 18.225.090 and is gaining the supervision and supervised experience necessary to become a licensed independent clinical social worker, a licensed advanced social worker, a licensed mental health counselor, or a licensed marriage and family therapist.
(4) "Committee" means the Washington state mental health counselors, marriage and family therapists, and social workers advisory committee.
(5) "Department" means the department of health.
(6) "Disciplining authority" means the department.
(7) "Independent clinical social work" means the diagnosis and treatment of emotional and mental disorders based on knowledge of human development, the causation and treatment of psychopathology, psychotherapeutic treatment practices, and social work practice as defined in advanced social work. Treatment modalities include but are not limited to diagnosis and treatment of individuals, couples, families, groups, or organizations.
(8) "Marriage and family therapy" means the diagnosis and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of relationships, including marriage and family systems. Marriage and family therapy involves the professional application of psychotherapeutic and family systems theories and techniques in the delivery of services to individuals, couples, and families for the purpose of treating such diagnosed nervous and mental disorders. The practice of marriage and family therapy means the rendering of professional marriage and family therapy services to individuals, couples, and families, singly or in groups, whether such services are offered directly to the general public or through organizations, either public or private, for a fee, monetary or otherwise.
(9) "Mental health counseling" means the application of principles of human development, learning theory, psychotherapy, group dynamics, and etiology of mental illness and dysfunctional behavior to individuals, couples, families, groups, and organizations, for the purpose of treatment of mental disorders and promoting optimal mental health and functionality. Mental health counseling also includes, but is not limited to, the assessment, diagnosis, and treatment of mental and emotional disorders, as well as the application of a wellness model of mental health.
(10) "Secretary" means the secretary of health or the secretary's designee.
[ 2025 c 58 s 5082; 2013 c 73 s 2; 2008 c 135 s 11; 2001 c 251 s 1.]
Notes:
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective date—2008 c 135 ss 1, 2, 7-9, and 11-19: See note following RCW 18.19.020.

catchline: Definitions. (Effective until June 30, 2027.)


doc_type: statute

jurisdiction: wa

title: RCW 18.225.020

text:
A person must not represent himself or herself as a licensed advanced social worker, a licensed independent clinical social worker, a licensed mental health counselor, a licensed marriage and family therapist, a licensed social work associate—advanced, a licensed social work associate—independent clinical, a licensed mental health counselor associate, or a licensed marriage and family therapist associate, without being licensed by the department.
[ 2008 c 135 s 12; 2001 c 251 s 2.]
Notes:
Effective date—2008 c 135 ss 1, 2, 7-9, and 11-19: See note following RCW 18.19.020.

license: public-domain-government-work

rule_set: Revised Code of Washington

code: rcw

unit: section

court: Washington State Legislature


title: RCW 18.225.030

text:
Nothing in this chapter shall be construed to prohibit or restrict:
(1) The practice of marriage and family therapy, mental health counseling, or social work by an individual otherwise regulated under this title and performing services within the authorized scope of practice;
(2) The practice of marriage and family therapy, mental health counseling, or social work by an individual employed by the government of the United States or state of Washington while engaged in the performance of duties prescribed by the laws of the United States or state of Washington;
(3) The practice of marriage and family therapy, mental health counseling, or social work by a person who is a regular student in an educational program based on recognized national standards and 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;
(4) The practice of marriage and family therapy, mental health counseling, or social work under the auspices of a religious denomination, church, or religious organization.
[ 2001 c 251 s 3.]

catchline: Limitation of chapter.


title: RCW 18.225.040

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. Any rules adopted shall be in consultation with the committee;
(2) Establish all licensing, examination, and renewal fees in accordance with RCW 43.70.250;
(3) Establish forms and procedures necessary to administer this chapter;
(4) Issue licenses to applicants who have met the education, training, and examination requirements for licensure and to deny a license to applicants who do not meet the requirements;
(5) Hire clerical, administrative, investigative, and other staff as needed to implement this chapter, and hire individuals licensed under this chapter to serve as examiners for any practical examinations;
(6) Administer and supervise the grading and taking of examinations for applicants for licensure;
(7) Determine which states have credentialing requirements substantially equivalent to those of this state, and issue licenses to individuals credentialed in those states without examinations;
(8) Implement and administer a program for consumer education in consultation with the committee;
(9) Adopt rules implementing a continuing education program in consultation with the committee;
(10) The office of crime victims advocacy shall supply the committee with information on methods of recognizing victims of human trafficking, what services are available for these victims, and where to report potential trafficking situations. The information supplied must be culturally sensitive and must include information relating to minor victims. The committee shall disseminate this information to licensees by: Providing the information on the committee's website; including the information in newsletters; holding trainings at meetings attended by organization members; or through another distribution method determined by the committee. The committee shall report to the office of crime victims advocacy on the method or methods it uses to distribute information under this subsection;
(11) Maintain the official record of all applicants and licensees; and
(12) Establish by rule the procedures for an appeal of an examination failure.
[ 2009 c 492 s 7; 2001 c 251 s 4.]

catchline: Secretary's authority.


title: RCW 18.225.050

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 licensing under this chapter and the results of each application.
[ 2001 c 251 s 5.]

catchline: Record of proceedings.


title: RCW 18.225.060

text:
The Washington state mental health counselors, marriage and family therapists, and social workers advisory committee is established.
(1) The committee shall be comprised of nine members as follows:
(a) Two members must be licensed mental health counselors;
(b) Two members must be licensed marriage and family therapists;
(c) One member must be a licensed independent clinical social worker;
(d) One member must be either a licensed advanced social worker or a licensed independent clinical social worker; and
(e) Three members must be consumers and represent the public at large and may not be licensed mental health care providers.
(2) Three members shall be appointed for a term of one year, three members shall be appointed for a term of two years, and three members shall be appointed for a term of three years. Subsequent members shall be appointed for terms of three years. A person must not serve as a member for more than two consecutive terms.
(3)(a) Each member must be a resident of the state of Washington.
(b) Each member must not hold a governing office or board position in a professional association for mental health, social work, or marriage and family therapy and must not be employed by the state of Washington.
(c) Each professional member must have been actively engaged as a mental health counselor, marriage and family therapist, or social worker for five years immediately preceding appointment.
(d) The consumer members must represent the general public and be unaffiliated directly or indirectly with the professions licensed under this chapter.
(4) The secretary shall appoint the committee members.
(5) Committee members are immune from suit in an action, civil or criminal, based on the department's disciplinary proceedings or other official acts performed in good faith.
(6) Committee members shall be compensated in accordance with RCW 43.03.240, including travel expenses in carrying out his or her authorized duties in accordance with RCW 43.03.050 and 43.03.060.
(7) The committee shall elect a chair and vice chair.
[ 2025 c 20 s 1; 2001 c 251 s 6.]

catchline: Washington state mental health counselors, marriage and family therapists, and social workers advisory committee—Established—Composition.


title: RCW 18.225.070

text:
The department of health may seek the advice and assistance of the advisory committee in administering this chapter, including, but not limited to:
(1) Advice and recommendations regarding the establishment or implementation of rules related to the administration of this chapter;
(2) Advice, recommendations, and consultation regarding case disposition guidelines and priorities related to unprofessional conduct cases regarding licensed mental health counselors, licensed clinical social workers, licensed advanced social workers, and licensed marriage and family therapists;
(3) Assistance and consultation of individual committee members as needed in the review, analysis, and disposition of reports of unprofessional conduct and consumer complaints;
(4) Assistance and recommendations to enhance consumer education; and
(5) Assistance and recommendations regarding any continuing education and continuing competency programs administered under the provisions of the [this] chapter.
[ 2001 c 251 s 7.]

catchline: Department of health—Advice/assistance of advisory committee.


title: RCW 18.225.080

text:
The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licensure, and the discipline of persons licensed under this chapter. The secretary shall be the disciplinary authority under this chapter.
[ 2001 c 251 s 8.]

catchline: Uniform disciplinary act.


title: RCW 18.225.090

text:
(1) The secretary shall issue a license to any applicant who demonstrates to the satisfaction of the secretary that the applicant meets the following education and experience requirements for the applicant's practice area.
(a) Licensed social work classifications:
(i) Licensed advanced social worker:
(A) Graduation from a master's social work educational program accredited by the council on social work education or a social work doctorate program at a university accredited by a recognized accrediting organization, and approved by the secretary based upon nationally recognized standards;
(B) Successful completion of an approved examination;
(C) Successful completion of a supervised experience requirement. The supervised experience requirement consists of a minimum of 3,000 hours with supervision by an approved supervisor who has been licensed for at least two years. Of those supervised hours:
(I) At least 90 hours must include direct supervision as specified in this subsection by a licensed independent clinical social worker, a licensed advanced social worker, or an equally qualified licensed mental health professional. Of those hours of directly supervised experience at least 40 hours must be in one-to-one supervision and 50 hours may be in one-to-one supervision or group supervision; and
(II) 800 hours must be in direct client contact; and
(D) Successful completion of continuing education requirements established in rule by the secretary in consultation with the committee, including a minimum number of hours in professional ethics.
(ii) Licensed independent clinical social worker:
(A) Graduation from a master's level social work educational program accredited by the council on social work education or a social work doctorate program at a university accredited by a recognized accrediting organization, and approved by the secretary based upon nationally recognized standards;
(B) Successful completion of an approved examination;
(C) Successful completion of a supervised experience requirement. The supervised experience requirement consists of a minimum of 3,000 hours of experience, over a period of not less than two years, with supervision by an approved supervisor who has been licensed for at least two years and, as specified in this subsection, may be either a licensed independent clinical social worker who has had at least one year of experience in supervising the clinical social work of others or an equally qualified licensed mental health practitioner. Of those supervised hours:
(I) At least 1,000 hours must be direct client contact; and
(II) Hours of direct supervision must include:
(1) At least 100 hours by a licensed mental health practitioner;
(2) At least 70 hours of supervision with a licensed independent clinical social worker meeting the qualifications under this subsection (1)(a)(ii)(C); the remaining hours may be supervised by an equally qualified licensed mental health practitioner; and
(3) At least 60 hours must be in one-to-one supervision and the remaining hours may be in one-to-one supervision or group supervision; and
(D) Successful completion of continuing education requirements established in rule by the secretary in consultation with the committee, including a minimum number of hours in professional ethics.
(b) Licensed mental health counselor:
(i)(A) Graduation from a master's or doctoral level educational program in counseling that consists of at least 60 semester hours or 90 quarter hours, or includes at least 60 semester hours or 90 quarter hours of graduate coursework that includes the following topic areas:
(I) Mental health counseling orientation and ethical practice;
(II) Social and cultural diversity;
(III) Human growth and development;
(IV) Career development;
(V) Counseling and helping relationships;
(VI) Group counseling and group work;
(VII) Diagnosis and treatment;
(VIII) Assessment and testing; and
(IX) Research and program evaluation; or
(B) Graduation from a master's or doctoral level educational program in a related discipline from a college or university approved by the secretary based upon nationally recognized standards. An applicant who satisfies the educational requirements for licensure under this subsection (1)(b)(i)(B) is not qualified to exercise the privilege to practice under the counseling compact established in chapter 18.17 RCW unless the master's or doctoral level educational program in a related discipline consists of at least 60 semester hours or 90 quarter hours, or includes at least 60 semester hours or 90 quarter hours of graduate coursework that includes the topic areas specified in (b)(i)(A)(I) through (IX) of this subsection;
(ii) Successful completion of an approved examination;
(iii) Successful completion of a supervised experience requirement. The experience requirement consists of a minimum of 36 months full-time counseling or 3,000 hours of postgraduate mental health counseling under the supervision of a qualified licensed mental health counselor or equally qualified licensed mental health practitioner, in an approved setting. The 3,000 hours of required experience includes a minimum of 100 hours spent in immediate supervision with the qualified licensed mental health counselor, and includes a minimum of 1,200 hours of direct counseling with individuals, couples, families, or groups; and
(iv) Successful completion of continuing education requirements established in rule by the secretary in consultation with the committee, including a minimum number of hours in professional ethics.
(c) Licensed marriage and family therapist:
(i) Graduation from a master's degree or doctoral degree educational program in marriage and family therapy or graduation from an educational program in an allied field equivalent to a master's degree or doctoral degree in marriage and family therapy approved by the secretary based upon nationally recognized standards;
(ii) Successful passage of an approved examination;
(iii) Successful completion of a supervised experience requirement. The experience requirement consists of a minimum of 3,000 hours of marriage and family therapy. Of the total supervision, 100 hours must be with a licensed marriage and family therapist with at least two years' clinical experience; the other 100 hours may be with an equally qualified licensed mental health practitioner. Total experience requirements include:
(A) 1,000 hours of direct client contact; at least 500 hours must be gained in diagnosing and treating couples and families; plus
(B) At least 200 hours of qualified supervision with a supervisor. At least 100 of the 200 hours must be one-on-one supervision, and the remaining hours may be in one-on-one or group supervision.
Applicants who have completed a master's program accredited by the commission on accreditation for marriage and family therapy education of the American association for marriage and family therapy may be credited with 500 hours of direct client contact and 100 hours of formal meetings with an approved supervisor; and
(iv) Successful completion of continuing education requirements established in rule by the secretary in consultation with the committee, including a minimum number of hours in professional ethics.
(2) The department shall establish by rule what constitutes adequate proof of meeting the criteria. Only rules in effect on the date of submission of a completed application of an associate for her or his license shall apply. If the rules change after a completed application is submitted but before a license is issued, the new rules shall not be reason to deny the application.
(3) In addition, applicants shall be subject to the grounds for denial of a license or issuance of a conditional license under chapter 18.130 RCW.
[ 2025 c 58 s 1003; 2024 c 371 s 14. Prior: 2023 c 425 s 3; 2023 c 58 s 16; 2021 c 21 s 1; 2013 c 73 s 3; 2008 c 141 s 1; 2006 c 69 s 1; 2003 c 108 s 1; 2001 c 251 s 9.]
Notes:
Effective date—2025 c 58 s 1003: "Section 1003 of this act takes effect October 1, 2025." [ 2025 c 58 s 1012.]
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective dates—2024 c 371 ss 1-12, 14, and 16: See note following RCW 18.19.020.
Rule making—2024 c 371 ss 1-16: See note following RCW 18.83.020.
Effective date—2023 c 425 ss 1-7, 13-20, and 22-26: See note following RCW 18.83.170.
Retroactive application—2008 c 141: "This act is remedial and curative in nature and applies retroactively to July 22, 2003." [ 2008 c 141 s 2.]

catchline: Issuance of license—Requirements.


title: RCW 18.225.095

text:
The department shall reduce the total number of supervised experience hours required under RCW 18.225.090 by ten percent for any applicant for a license under this chapter who has practiced as a certified chemical dependency professional for three years in the previous ten years.
[ 2019 c 444 s 28.]

catchline: Supervised experience hours—Reductions for certified chemical dependency professionals.


title: RCW 18.225.100

text:
A person licensed under this chapter must provide clients at the commencement of any program of treatment with accurate disclosure information concerning the practice, in accordance with rules adopted by the department, including the right of clients to refuse treatment, the responsibility of clients to choose the provider and treatment modality which best suits their needs, and the extent of confidentiality provided by this chapter. The disclosure information must also include the license holder's professional education and training, the therapeutic orientation of the practice, the proposed course of treatment where known, financial requirements, and such other information as required by rule. The disclosure must be acknowledged in writing by the client and license holder.
[ 2001 c 251 s 10.]

catchline: Disclosure information.


title: RCW 18.225.105

text:
A person licensed under this chapter shall not disclose the written acknowledgment of the disclosure statement pursuant to RCW 18.225.100, nor any information acquired from persons consulting the individual in a professional capacity when the information was necessary to enable the individual to render professional services to those persons except:
(1) With the written authorization of that person or, in the case of death or disability, the person's personal representative;
(2) If the person waives the privilege by bringing charges against the person licensed under this chapter;
(3) In response to a subpoena from the secretary. The secretary may subpoena only records related to a complaint or report under RCW 18.130.050;
(4) As required under chapter 26.44 or 74.34 RCW or RCW 71.05.217 (6) and (7);
(5) When disclosure of health care information is permitted under chapter 70.02 RCW; or
(6) To any individual if the person licensed under this chapter reasonably believes that disclosure will avoid or minimize an imminent danger to the health or safety of the individual or any other individual; however, there is no obligation on the part of the provider to so disclose.
[ 2025 c 83 s 1; 2020 c 302 s 115; 2005 c 504 s 707; 2003 c 204 s 1.]
Notes:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.
Licensees under chapter 18.225 RCW—Subject to chapter 70.02 RCW: RCW 70.02.180.

catchline: Disclosure of information—Exceptions.


title: RCW 18.225.110

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) 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 licensing requirements.
[ 2023 c 425 s 11; 2001 c 251 s 11.]

catchline: Examinations.


title: RCW 18.225.120

text:
Applications for licensing 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 licensing 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.
[ 2001 c 251 s 12.]

catchline: Application for licensing—Fee.


title: RCW 18.225.130

text:
Any person certified under chapter 18.19 RCW who has met the applicable experience and education requirements under chapter 18.19 RCW prior to July 22, 2001, is eligible for a license as an advanced social worker, an independent clinical social worker, a marriage and family therapist, or a mental health counselor under this chapter without taking the examination.
[ 2001 c 251 s 13.]

catchline: Prior certification under chapter 18.19 RCW.


title: RCW 18.225.140

text:
(1) An applicant holding a credential in another state may be licensed to practice in this state without examination if the secretary determines that the other state's credentialing standards are substantially equivalent to the licensing standards in this state.
(2)(a)(i) The department shall establish a reciprocity program for applicants for licensure as an advanced social worker, an independent clinical social worker, a mental health counselor, or a marriage and family therapist in Washington.
(ii) The reciprocity program applies to applicants for a license as an advanced social worker, an independent clinical social worker, a mental health counselor, or a marriage and family therapist who:
(A) Hold or have held within the past 12 months a credential in good standing from another state or territory of the United States which has a scope of practice that is substantially equivalent to or greater than the scope of practice for the corresponding license as established under this chapter; and
(B) Have no disciplinary record or disqualifying criminal history.
(b) The department shall issue a probationary license to an applicant who meets the requirements of (a)(ii) of this subsection. The department must determine what deficiencies, if any, exist between the education and experience requirements of the other state's credential and, after consideration of the experience and capabilities of the applicant, determine whether it is appropriate to require the applicant to complete additional education or experience requirements to maintain the probationary license and, within a reasonable time period, transition to a full license. The department may place a reasonable time limit on a probationary license and may, if appropriate, require the applicant to pass a jurisprudential examination.
(c) The department must maintain and publish a list of credentials in other states and territories that the department has determined to have a scope of practice that is substantially equivalent to or greater than the scope of practice for licensed advanced social workers, independent clinical social workers, mental health counselors, or marriage and family therapists as established under this chapter. The department shall prioritize identifying and publishing the department's determination for the five states or territories that have historically had the most applicants for reciprocity under subsection (1) of this section with a scope of practice that is substantially equivalent to or greater than the scope of practice for licensed advanced social workers, independent clinical social workers, mental health counselors, and marriage and family therapists under this chapter.
[ 2023 c 425 s 4; 2019 c 351 s 3; 2001 c 251 s 14.]
Notes:
Effective date—2023 c 425 ss 1-7, 13-20, and 22-26: See note following RCW 18.83.170.

catchline: Credentialed in another state—Licensed without examination—Reciprocity program.


title: RCW 18.225.145

text:
(1) The secretary shall issue an associate license to any applicant who demonstrates to the satisfaction of the secretary that the applicant meets the following requirements for the applicant's practice area and submits a declaration that the applicant is working toward full licensure in that category:
(a) Licensed social worker associate—advanced or licensed social worker associate—independent clinical: Graduation from a master's degree or doctoral degree educational program in social work accredited by the council on social work education and approved by the secretary based upon nationally recognized standards.
(b) Licensed mental health counselor associate: Graduation from a master's degree or doctoral degree educational program in mental health counseling or a related discipline from a college or university approved by the secretary based upon nationally recognized standards.
(c) Licensed marriage and family therapist associate: Graduation from a master's degree or doctoral degree educational program in marriage and family therapy or graduation from an educational program in an allied field equivalent to a master's degree or doctoral degree in marriage and family therapy approved by the secretary based upon nationally recognized standards.
(2) Associates may not provide independent social work, mental health counseling, or marriage and family therapy for a fee, monetary or otherwise. Associates must work under the supervision of an approved supervisor. Beginning October 1, 2025, an applicant for an associate license under this section may practice without a license under the direct supervision of an approved supervisor for 120 days after the department receives the applicant's completed application or the applicant's license is issued or denied, whichever is sooner.
(3) Associates shall provide each client or patient, during the first professional contact, with a disclosure form according to RCW 18.225.100, disclosing that he or she is an associate under the supervision of an approved supervisor.
(4) The department shall adopt by rule what constitutes adequate proof of compliance with the requirements of this section.
(5) Applicants are subject to the denial of a license or issuance of a conditional license for the reasons set forth in chapter 18.130 RCW.
(6)(a) An associate license may be renewed. Until October 1, 2025, the applicant for renewal must have successfully completed eighteen hours of continuing education in the preceding year. After October 1, 2025, the applicant for renewal must have successfully completed, in the preceding year, continuing education requirements established in rule by the secretary in consultation with the committee. Beginning with the second renewal, the continuing education requirements established in rule by the secretary in consultation with the committee must require the applicant to complete a minimum number of continuing education hours in the preceding two years in professional ethics.
(b) A person whose associate license was not renewed due to the person exceeding the six-renewal limit in place prior to June 6, 2024, shall be treated as if the person's license expired. The secretary shall allow such a person to return the person's associate license to active status pursuant to standard rules and procedures in place for returning an expired credential to active status.
[ 2024 c 371 s 15; 2021 c 57 s 2; 2013 c 73 s 4; 2008 c 135 s 13.]
Notes:
Rule making—2024 c 371 ss 1-16: See note following RCW 18.83.020.
Effective date—2021 c 57: See note following RCW 18.205.095.
Effective date—2008 c 135 ss 1, 2, 7-9, and 11-19: See note following RCW 18.19.020.

catchline: Associate licensing—Requirements.


title: RCW 18.225.150

text:
The secretary shall establish by rule the procedural requirements and fees for renewal of a license or associate license. Failure to renew shall invalidate the license or associate license and all privileges granted by the license. If an associate license has lapsed, the person shall submit an updated declaration, in accordance with rules adopted by the department, that the person is working toward full licensure. If a license 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. If an associate license has lapsed, the person shall submit an updated declaration, in accordance with rules adopted by the department, that the person is working toward full licensure.
[ 2008 c 135 s 14; 2001 c 251 s 15.]
Notes:
Effective date—2008 c 135 ss 1, 2, 7-9, and 11-19: See note following RCW 18.19.020.

catchline: Renewal of license or associate license, rules—Failure to renew.


title: RCW 18.225.160

text:
This chapter shall not be construed as permitting the administration or prescription of drugs or in any way infringing upon the practice of medicine and surgery as defined in chapter 18.71 or 18.57 RCW, or in any way infringing upon the practice of psychology as defined in chapter 18.83 RCW, or restricting the scope of the practice of counseling for those registered under chapter 18.19 RCW, or restricting the scope of practice of persons licensed under this chapter.
[ 2001 c 251 s 16.]


title: RCW 18.225.170

text:
The secretary of the department of health shall promulgate rules relating to issuance of a retired active license under RCW 18.130.250 for mental health counselors, marriage and family therapists, advanced social workers, and independent clinical social workers.
[ 2012 c 58 s 1.]

catchline: Retired active licenses—Rules.


title: RCW 18.225.180

text:
(1)(a) Subject to the availability of amounts appropriated for this specific purpose, by October 1, 2023, the department shall develop a program to facilitate placement of associates with clinical supervision services. The program must include a database of license holders with the required qualifications who are willing to serve as approved supervisors and agencies or facilities that offer supervision services through their facilities to associates seeking to satisfy supervised experience requirements under RCW 18.225.090.
(b) The department shall adopt, by rule, minimum qualifications for supervisors or facilities to be included in the database and minimum standards for adequate supervision of associates. The department may not include in the database any person who, or facility that, does not meet the minimum qualifications. The department shall periodically audit the list to remove persons who, or facilities that, no longer meet the minimum qualifications or fail to meet the minimum standards.
(2) Subject to the availability of amounts appropriated for this specific purpose, the department shall establish a stipend program to offset the costs incurred when providing supervision for associates completing supervised experience requirements under RCW 18.225.090.
(a) To be eligible for the stipend program under this subsection (2), a supervisor must:
(i) Meet all requirements of a qualified supervisor in this chapter and chapter 246-809 WAC; and
(ii) Be actively providing supervision to at least one associate completing supervised experience requirements under RCW 18.225.090.
(b) Supervisors participating in the stipend program established in this section shall document their incurred expenses attributable to each supervised associate and time spent supervising each associate under their supervision in a manner specified by the department.
(c)(i) Supervisors receiving a stipend under this section are eligible for up to $2,000 per year per associate if the supervisor maintains the supervisory relationship for the entire year and subject to the availability of funds. If the supervisor does not provide supervision for an entire year, the department shall prorate the stipend amount accordingly.
(ii) If a participating supervisor's documented expenses attributable to a supervised associate exceed the stipend the supervisor receives under (c)(i) of this subsection for supervising that associate, the participating supervisor may charge the associate a fee to recoup the excess expenses attributable to that associate. In no case may a fee charged to an individual associate under this subsection (2)(c)(ii) exceed $1,600 per year. The supervisor shall report any fees charged to the associate to the department.
(d) The department shall establish the stipend program no later than July 1, 2025.
(3) The department may adopt any rules necessary to implement this section.
[ 2024 c 371 s 16; 2023 c 425 s 7.]
Notes:
Effective dates—2024 c 371 ss 1-12, 14, and 16: See note following RCW 18.19.020.
Rule making—2024 c 371 ss 1-16: See note following RCW 18.83.020.
Effective date—2023 c 425 ss 1-7, 13-20, and 22-26: See note following RCW 18.83.170.

catchline: Supervision program—Database of qualified supervisors and facilities—Incurred expenses stipend.


title: RCW 18.225.800

text:
To assess whether limitations on associate license renewals may be limiting the number of people able to complete the licensing process within statutory deadlines, the secretary shall report to the appropriate committees of the legislature on October 1st of each year, beginning in 2014 and ending in 2020, the number of associate licenses that have been renewed four, five, or six times.
[ 2013 c 73 s 5.]

catchline: Associate license renewals—Report.


title: RCW 18.225.900

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.
[ 2001 c 251 s 35.]

catchline: Severability—2001 c 251.


title: RCW 18.227.005

text:
The legislature finds that a behavioral health support specialist is a new member of the workforce in Washington state trained in the competencies developed by the University of Washington behavioral health support specialist clinical training program. The behavioral health support specialist clinical training program is characterized by brief, evidence-based interventions delivered to the intensity and expected duration of the behavioral health problem. The approach features routine outcome monitoring and regular, outcome-focused supervision. Use of behavioral health support specialists in Washington is expected to improve access to behavioral health services and ease workforce shortages while helping behavioral health professionals work at the top of their scope of practice.
[ 2023 c 270 s 1.]

catchline: Finding.


title: RCW 18.227.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Adult" means a person 18 years of age or older.
(2) "Applicant" means a person who completes the required application, pays the required fee, is at least 18 years of age, and meets any background check requirements and uniform disciplinary act requirements.
(3) "Behavioral health" is a term that encompasses mental health, substance use, and co-occurring disorders.
(4) "Behavioral health support specialist" means a person certified to deliver brief, evidence-based interventions with a scope of practice that includes behavioral health under the supervision of a Washington state credentialed provider who has the ability to assess, diagnose, and treat identifiable mental and behavioral health conditions as part of their scope of practice. A behavioral health support specialist does not have within their scope of practice the ability to make diagnoses but does track and monitor treatment response and outcomes using measurement-based care.
(5) "Department" means the department of health.
(6) "Registered apprenticeship" means an apprenticeship program approved by the Washington state apprenticeship and training council according to chapter 49.04 RCW.
(7) "Secretary" means the secretary of health or the secretary's designee.
[ 2023 c 270 s 2.]

catchline: Definitions.


title: RCW 18.227.020

text:
The department shall collaborate with the University of Washington department of psychiatry and behavioral sciences and consult with other stakeholders to develop rules to implement this chapter by January 1, 2025, which shall be consistent with the University of Washington behavioral health support specialist clinical training program guidelines, and shall include appropriate standards for approval of educational programs for behavioral health support specialists, which shall include a practicum component and may be integrated into a bachelor's degree program or structured as a postbaccalaureate continuing education program or registered apprenticeship in combination with an approved bachelor's degree or postbaccalaureate certificate.
[ 2023 c 270 s 3.]

catchline: Department rule-making authority.


title: RCW 18.227.030

text:
A person may not represent themself as a behavioral health support specialist without being certified by the department.
[ 2023 c 270 s 4.]

catchline: Certification required.


title: RCW 18.227.040

text:
Nothing in this chapter shall be construed to prohibit or restrict delivery of behavioral health interventions by an individual otherwise regulated under this title and performing services within their authorized scope of practice.
[ 2023 c 270 s 5.]

catchline: Practices not limited by chapter.


title: RCW 18.227.050

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. Any rules adopted shall be in consultation with the University of Washington;
(2) Establish all certification, examination, and renewal fees in accordance with RCW 43.70.250;
(3) Establish forms and procedures necessary to administer this chapter;
(4) Issue certifications to applicants who have met the education, which may include registered apprenticeships, practicum, and examination requirements for certification and to deny a certification to applicants who do not meet the requirements;
(5) Develop, administer, and supervise the grading and taking of an examination for applicants for certification;
(6) Adopt rules requiring completion of 20 hours of continuing education every two years after initial certification for certification renewal;
(7) Maintain the official record of all applicants and certification holders; and
(8) Establish by rule the procedures for an appeal of an examination failure.
[ 2023 c 270 s 6.]

catchline: Authority of secretary.


title: RCW 18.227.060

text:
The uniform disciplinary act, chapter 18.130 RCW, governs uncertified practice, the issuance and denial of certification, and the discipline of persons certified under this chapter. The secretary shall be the disciplinary authority under this chapter.
[ 2023 c 270 s 7.]

catchline: Uniform disciplinary act—Application.


title: RCW 18.227.070

text:
The secretary shall issue a certification to any applicant who demonstrates to the satisfaction of the secretary that the applicant meets the following requirements:
(1) Graduation from a bachelor's degree program;
(2) Successful completion of a behavioral health support specialist program that is approved to meet standards consistent with the University of Washington behavioral health support specialist clinical training program guidelines, including a supervised clinical practicum with demonstrated clinical skills in core competencies; and
(3) Successful completion of an approved jurisprudential examination.
[ 2023 c 270 s 8.]

catchline: Certification requirements.


title: RCW 18.227.080

text:
(1) The date and location of examinations shall be established by the secretary. Applicants who have been found by the secretary to meet the other requirements for certification 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 designee shall examine each applicant, by means determined to be 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 using fair and wholly impartial methods.
(4) 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 certification requirements.
[ 2023 c 270 s 9.]

catchline: Examination.


title: RCW 18.227.090

text:
Applications for certification 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 certification 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.
[ 2023 c 270 s 10.]

catchline: Application for certification—Fee.


title: RCW 18.227.100

text:
The health care authority shall take any steps which are necessary and proper to ensure that the services of behavioral health support specialists are covered under the state medicaid program by January 1, 2025.
[ 2023 c 270 s 11.]

catchline: State medicaid program—Coverage.


title: RCW 18.230.005

text:
The overriding mission of therapeutic recreation is the provision of purposeful intervention designed to help clients grow and to assist them to prevent or relieve problems through recreation and leisure. It is a systematic methodology through a progression of phases, including assessment, planning, implementation, and evaluation. It is not a limited or restricted concept of service carried out only within the constraints of institutional care, but is a client-centered model that reflects a concern for the total well-being of the client. Recreation therapy is cost-effective and can decrease the costs of health care services by reducing primary and secondary disabilities. In anticipation of the expansion in long-term care, physical and psychiatric rehabilitation, and services for people with disabilities, the legislature finds and declares that the registration of recreational therapists is in the interest of the public health and safety.
[ 2002 c 216 s 1.]


title: RCW 18.230.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of health.
(2) "Recreation therapy" means the use of recreational, and/or community activities to include leisure counseling and community integration as treatment intervention to improve functional leisure and community competence of persons with a physical, cognitive, emotional, behavioral, or social disability. The primary purpose of recreation therapy is the use of leisure and community integration activities to restore, remediate, or rehabilitate persons in order to improve functioning and independence, as well as reduce or eliminate the effects of illness or disability.
(3) "Recreational therapist" means a person registered under this chapter.
(4) "Registration" means the registration issued to a person under this chapter.
(5) "Secretary" means the secretary of health or the secretary's designee.
[ 2002 c 216 s 2.]


title: RCW 18.230.020

text:
No person may practice or represent oneself as a registered recreational therapist by use of any title without being registered to practice by the department of health, unless otherwise exempted by this chapter.
[ 2002 c 216 s 3.]

catchline: Use of title—Registration required.


title: RCW 18.230.030

text:
Nothing in this chapter may 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.
[ 2002 c 216 s 4.]

catchline: Limitation of chapter.


title: RCW 18.230.040

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 registration and renewal fees in accordance with RCW 43.70.250;
(3) Establish forms and procedures necessary to administer this chapter;
(4) Register any applicants who have met the requirements for registration and to deny registration to applicants who do not meet the requirements of this chapter, except that proceedings concerning the denial of registration based upon unprofessional conduct or impairment is 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
(6) Maintain the official department record of all applicants and persons registered under this chapter.
[ 2002 c 216 s 5.]

catchline: Secretary's authority.


title: RCW 18.230.050

text:
The secretary must keep an official record of all proceedings. A part of the record shall consist of a register of all applicants for registration under this chapter and the results of each application.
[ 2002 c 216 s 6.]

catchline: Official record.


title: RCW 18.230.060

text:
(1) Applicants for registration under this chapter are subject to the grounds for denial of a registration under chapter 18.130 RCW.
(2) The secretary must issue a registration to an applicant who completes an application form that identifies the name and address of the applicant, the registration requested, and information required by the secretary necessary to establish whether there are grounds for denial of a registration.
[ 2002 c 216 s 7.]

catchline: Registration—Grounds for denial.


title: RCW 18.230.070

text:
Applications for registration must be submitted on forms provided by the secretary. The secretary may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria for registration provided for in this chapter and chapter 18.130 RCW. Each applicant must pay a fee determined by the secretary under RCW 43.70.250. The fee must accompany the application.
[ 2002 c 216 s 8.]

catchline: Registration—Required information—Fee.


title: RCW 18.230.080

text:
The secretary must establish by rule the procedural requirements and fees for renewal of a registration. Failure to renew invalidates the registration and all privileges granted by the registration.
[ 2002 c 216 s 9.]

catchline: Renewal of registration.


title: RCW 18.230.090

text:
The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of a registration, unauthorized practice, and the discipline of persons registered under this chapter. The secretary is the disciplining authority under this chapter.
[ 2002 c 216 s 10.]

catchline: Uniform disciplinary act—Application to chapter.


title: RCW 18.230.901

text:
This act takes effect July 1, 2003.
[ 2002 c 216 s 14.]

catchline: Effective date—2002 c 216.


title: RCW 18.233.005

text:
The legislature intends to:
(1) Recognize that music therapy affects public health, safety, and welfare and that the practice of music therapy should be subject to regulation;
(2) Assure the highest degree of professional conduct on the part of music therapists;
(3) Guarantee the availability of music therapy services provided by a qualified professional to persons in need of those services; and
(4) Protect the public from the practice of music therapy by unqualified individuals.
[ 2023 c 175 s 1.]

catchline: Intent.


title: RCW 18.233.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Advisory committee" means the music therapy advisory committee.
(2) "Commission" means the Washington medical commission.
(3) "Department" means the department of health.
(4) "Music therapist" means a person licensed to practice music therapy pursuant to this chapter.
(5)(a) "Music therapy" means the clinical and evidence-based use of music interventions to accomplish individualized goals of music therapy clients by employing strategies and tools that include but are not limited to:
(i) Accepting referrals for music therapy services from health care or educational professionals, family members, or caregivers;
(ii) Conducting music therapy assessments of a client to determine appropriate music therapy services;
(iii) Developing and implementing individualized music therapy treatment plans that identify goals, objectives, and strategies of music therapy that are appropriate for clients;
(iv) Using music therapy techniques such as improvisation, performance, receptive music listening, song writing, lyric discussion, guided imagery with music, learning through music, and movement to music;
(v) During the provision of music therapy services to a client, collaborating, as applicable, with the client's treatment team, including physicians, psychologists, occupational therapists, licensed clinical social workers, or other mental health professionals. During the provision of music therapy services to a client with a communication disorder, the licensed professional music therapist shall collaborate and discuss the music therapy treatment plan with the client's audiologist, occupational therapist, or speech-language pathologist. When providing educational or health care services, a music therapist may not replace the services provided by an audiologist, occupational therapist, or speech-language pathologist;
(vi) Evaluating a client's response to music therapy techniques and the individualized music therapy treatment plan;
(vii) Any necessary modification of the client's individualized music therapy treatment plan;
(viii) Any necessary collaboration with other health care professionals treating a client;
(ix) Minimizing barriers that may restrict a client's ability to receive or fully benefit from music therapy services; and
(x) Developing a plan for determining when the provision of music therapy services is no longer needed.
(b) "Music therapy" does not include the screening, diagnosis, or assessment of any physical, mental, or communication disorder.
(6) "Secretary" means the secretary of health or his or her designee.
[ 2023 c 175 s 2.]

catchline: Definitions.


title: RCW 18.233.020

text:
(1) A music therapy advisory committee is created within the department. The committee consists of five members as follows: Three who practice as music therapists in Washington state, one member who is a licensed health care provider but not a music therapist, and one member who is a consumer.
(2) The secretary shall appoint all members of the advisory committee. All members must be familiar with the practice of music therapy and able to provide the department with expertise and assistance in carrying out the following duties pursuant to this chapter:
(a) Developing regulations; and
(b) Establishing standards of practice and professional responsibility for music therapists.
(3) Members shall serve a term of four years without compensation.
(4) Members may serve consecutive terms at the direction of the department. Any vacancy shall be filled in the same manner as regular appointments.
(5) The advisory committee shall meet at least once per year or as otherwise called by the department.
(6) The department shall consult with the advisory committee for issues related to music therapy licensure and renewal. The department shall provide analysis of disciplinary actions taken, appeals, denials, or revocations of licenses at least once per year.
[ 2023 c 175 s 3.]

catchline: Music therapy advisory committee.


title: RCW 18.233.030

text:
The department shall issue a license to practice music therapy to an applicant who meets the following requirements:
(1) Is at least 18 years of age;
(2) Is in good standing in any other states [state] where the applicant is licensed or certified to practice music therapy;
(3) Submits sufficient documentation as determined by the department in rule and includes the following requirements:
(a) Completion of an academic and clinical training program for music therapy approved by the secretary, following consultation with the advisory committee and consideration of standards adopted by national certification boards for music therapy; and
(b) Successful completion of an examination administered or approved by the secretary, following consultation with the advisory committee and consideration of standards adopted by national certification boards for music therapy;
(4) Pays a fee determined by the secretary as provided in RCW 18.233.060.
(5) Meets any other qualifications as determined by the department in rule.
[ 2023 c 175 s 4.]

catchline: Issuance of license requirements.


title: RCW 18.233.040

text:
Every license issued under this chapter must be renewed biennially. Each licensee is responsible for timely renewal of the licensee's license. To renew a license, a licensee must follow the rules adopted under RCW 43.70.280.
[ 2023 c 175 s 5.]

catchline: License renewal.


title: RCW 18.233.050

text:
(1) Beginning January 1, 2025, a person may not practice music therapy or use any title or designation of "music therapist" that indicates that the person is authorized to practice music therapy unless the person is licensed under chapter 175, Laws of 2023.
(2) Nothing in this chapter may be construed to prohibit or restrict the practices, services, or activities of the following:
(a) Any person licensed, certified, or regulated under the laws of Washington state in another profession or occupation or personnel supervised by a licensed professional in this state performing work, including the use of music, incidental to the practice of the licensed, certified, or regulated profession or occupation, if the person does not represent that the person is a music therapist;
(b) Any person whose training and national certification attests to the individual's preparation and ability to practice the certified profession or occupation, if the person does not represent that the person is a music therapist; and
(c) Any use and practice of music therapy as an integral part of a program of study for students enrolled in a music therapy education program.
(3) Unless authorized to practice speech-language pathology, music therapists may not evaluate, examine, instruct, or counsel on speech, language, communication, or swallowing disorders or conditions. An individual licensed as a professional music therapist may not represent to the public that the individual is authorized to treat a communication disorder. This does not prohibit an individual licensed as a professional music therapist from representing to the public that the individual may work with clients who have a communication disorder and address communication skills.
(4) Before providing music therapy services to a client for an identified clinical or developmental need, it is recommended that the licensee review the client's diagnosis, treatment needs, and treatment.
(5) Before providing music therapy services to a student for an identified educational need, the licensee shall review the student's diagnosis, treatment needs, and treatment plan with the individualized family service plan's team or the individualized education program's team.
[ 2023 c 175 s 6.]
PDF
RCW 18.233.050
License required—Exemptions—Restrictions. (Effective January 1, 2028.)
(1) Beginning January 1, 2025, a person may not practice music therapy or use any title or designation of "music therapist" that indicates that the person is authorized to practice music therapy unless the person is licensed under this chapter.
(2) Nothing in this chapter may be construed to prohibit or restrict the practices, services, or activities of the following:
(a) Any person licensed, certified, or regulated under the laws of Washington state in another profession or occupation or personnel supervised by a licensed professional in this state performing work, including the use of music, incidental to the practice of the licensed, certified, or regulated profession or occupation, if the person does not represent that the person is a music therapist;
(b) Any person whose training and national certification attests to the individual's preparation and ability to practice the certified profession or occupation, if the person does not represent that the person is a music therapist;
(c) Any use and practice of music therapy as an integral part of a program of study for students enrolled in a music therapy education program; and
(d) Any applicant for a license to practice music therapy providing music therapy under the supervision of a licensed music therapist for a period not to exceed six months from the start of practice if the applicant's application meets all of the requirements for licensure established in RCW 18.233.030, except the results of the examination required by RCW 18.233.030 have not been verified by the department.
(3) Unless authorized to practice speech-language pathology, music therapists may not evaluate, examine, instruct, or counsel on speech, language, communication, or swallowing disorders or conditions. An individual licensed as a professional music therapist may not represent to the public that the individual is authorized to treat a communication disorder. This does not prohibit an individual licensed as a professional music therapist from representing to the public that the individual may work with clients who have a communication disorder and address communication skills.
(4) Before providing music therapy services to a client for an identified clinical or developmental need, it is recommended that the licensee review the client's diagnosis, treatment needs, and treatment.
(5) Before providing music therapy services to a student for an identified educational need, the licensee shall review the student's diagnosis, treatment needs, and treatment plan with the individualized family service plan's team or the individualized education program's team.
[ 2026 c 27 s 1; 2023 c 175 s 6.]
Notes:
Effective date—2026 c 27: "This act takes effect January 1, 2028." [ 2026 c 27 s 2.]

catchline: License required—Exemptions—Restrictions. (Effective until January 1, 2028.)


title: RCW 18.233.060

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. Any rules adopted shall be in consultation with the committee;
(2) Establish all licensing, examination, and renewal fees in accordance with RCW 43.70.250 and 43.70.280;
(3) Establish forms and procedures necessary to administer this chapter;
(4) Issue licenses to applicants who have met the education, training, and examination requirements for licensure and to deny a license to applicants who do not meet the requirements;
(5) Hire clerical, administrative, investigative, and other staff as needed to implement this chapter, and hire individuals licensed under this chapter to serve as examiners for any practical examinations;
(6) Administer and supervise the grading and taking of examinations for applicants for licensure;
(7) Determine which states have credentialing requirements substantially equivalent to those of this state, and issue licenses to individuals credentialed in those states without examinations;
(8) Implement and administer a program for consumer education in consultation with the committee;
(9) Adopt rules implementing a continuing education program in consultation with the committee;
(10) Maintain the official record of all applicants and licensees; and
(11) Establish by rule the procedures for an appeal of an examination failure.
[ 2023 c 175 s 7.]


title: RCW 18.233.070

text:
(1) The department shall establish and adopt rules governing the administration of this chapter in accordance with chapter 34.05 RCW.
(2) The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of a license, and the discipline of persons licensed under this chapter. The secretary is the disciplining authority under this chapter.
[ 2023 c 175 s 8.]

catchline: Rule making—Application of uniform disciplinary act.


title: RCW 18.235.005

text:
It is the intent of the legislature to consolidate disciplinary procedures for the licensed businesses and professions under the department of licensing by providing a uniform disciplinary act with standardized procedures for the regulation of businesses and professions and the enforcement of laws, the purpose of which is to assure the public of the adequacy of business and professional competence and conduct.
It is also the intent of the legislature that all businesses and professions newly credentialed by the state and regulated by the department of licensing come under this chapter.
[ 2007 c 256 s 10; 2002 c 86 s 101.]


title: RCW 18.235.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means those boards specified in RCW 18.235.020(2)(b).
(2) "Department" means the department of licensing.
(3)(a) "Director" means the:
(i) Executive director of the state board of registration for professional engineers and land surveyors for matters under the authority of the state board of registration for professional engineers and land surveyors established under chapter 18.43 RCW; or
(ii) Director of the department or the director's designee in all other contexts.
(b) The director of the department has no authority under this chapter over the state board of registration for professional engineers and land surveyors.
(4) "Disciplinary action" means sanctions identified in RCW 18.235.110.
(5) "Disciplinary authority" means the director, 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 18.235.020.
(6) "License," "licensing," and "licensure" are deemed equivalent to the terms "license," "licensing," "licensure," "certificate," "certification," and "registration" as those terms are defined in RCW 18.118.020. Each of these terms, and the term "commission" under chapter 42.45 RCW, are interchangeable under the provisions of this chapter.
(7) "Unlicensed practice" means:
(a) Practicing a profession or operating a business identified in RCW 18.235.020 without holding a valid, unexpired, unrevoked, and unsuspended license to do so; or
(b) Representing to a person, through offerings, advertisements, or use of a professional title or designation, that the individual or business is qualified to practice a profession or operate a business identified in RCW 18.235.020 without holding a valid, unexpired, unrevoked, and unsuspended license to do so.
[ 2019 c 442 s 21; 2017 c 281 s 36; 2007 c 256 s 11; 2002 c 86 s 102.]
Notes:
Effective date—2017 c 281: See RCW 42.45.905.


title: RCW 18.235.020

text:
(1) This chapter applies only to the director and the boards and commissions having jurisdiction in relation to the businesses and professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.
(2)(a) The director has authority under this chapter in relation to the following businesses and professions:
(i) Auctioneers under chapter 18.11 RCW;
(ii) Bail bond agents and bail bond recovery agents under chapter 18.185 RCW;
(iii) Camping resorts' operators and salespersons under chapter 19.105 RCW;
(iv) Commercial telephone solicitors under chapter 19.158 RCW;
(v) Cosmetologists, barbers, manicurists, and estheticians under chapter 18.16 RCW;
(vi) Court reporters under chapter 18.145 RCW;
(vii) Driver training schools and instructors under chapter 46.82 RCW;
(viii) Employment agencies under chapter 19.31 RCW;
(ix) For hire vehicle operators under chapter 46.72 RCW;
(x) Limousines under chapter 46.72A RCW;
(xi) Notaries public under chapter 42.45 RCW;
(xii) Private investigators under chapter 18.165 RCW;
(xiii) Professional boxing, martial arts, and wrestling under chapter 67.08 RCW;
(xiv) Real estate appraisers under chapter 18.140 RCW;
(xv) Real estate brokers and salespersons under chapters 18.85 and 18.86 RCW;
(xvi) Scrap metal processors, scrap metal recyclers, and scrap metal suppliers under chapter 19.290 RCW;
(xvii) Security guards under chapter 18.170 RCW;
(xviii) Sellers of travel under chapter 19.138 RCW;
(xix) Timeshares and timeshare salespersons under chapter 64.36 RCW;
(xx) Whitewater river outfitters under chapter 79A.60 RCW;
(xxi) Home inspectors under chapter 18.280 RCW;
(xxii) Body artists, body piercers, and tattoo artists, and body art, body piercing, and tattooing shops and businesses, under chapter 18.300 RCW; and
(xxiii) Appraisal management companies under chapter 18.310 RCW.
(b) The boards and commissions having authority under this chapter are as follows:
(i) The state board for architects established in chapter 18.08 RCW;
(ii) The Washington state collection agency board established in chapter 19.16 RCW;
(iii) The state board of registration for professional engineers and land surveyors established in chapter 18.43 RCW governing licenses issued under chapters 18.43 and 18.210 RCW;
(iv) The funeral and cemetery board established in chapter 18.39 RCW governing licenses issued under chapters 18.39 and 68.05 RCW;
(v) The state board of licensure for landscape architects established in chapter 18.96 RCW; and
(vi) The state geologist licensing board established in chapter 18.220 RCW.
(3) In addition to the authority to discipline license holders, the disciplinary authority may grant or deny licenses based on the conditions and criteria established in this chapter, chapter 18.415 RCW, and the chapters specified in subsection (2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered under RCW 18.235.110 by the disciplinary authority.
[ 2024 c 50 s 2; 2017 c 281 s 37; 2013 c 322 s 29; 2010 c 179 s 18. Prior: 2009 c 412 s 22; 2009 c 370 s 20; 2009 c 102 s 5; 2008 c 119 s 21; 2007 c 256 s 12; 2006 c 219 s 13; 2002 c 86 s 103.]
Notes:
Effective date—2024 c 50: See note following RCW 18.415.010.
Effective date—2017 c 281: See RCW 42.45.905.
Effective date—2010 c 179: See RCW 18.310.901.
Short title—Implementation—2009 c 412: See RCW 18.300.900 and 18.300.902.
Effective date—2009 c 370 ss 1-16, 18, 20, and 21: See note following RCW 18.96.010.
Finding—2009 c 370: See note following RCW 18.96.010.
Funeral directors and embalmers account and cemetery account abolished, moneys transferred to funeral and cemetery account—2009 c 102: See note following RCW 18.39.010.
Effective date—2006 c 219: See note following RCW 46.82.285.

catchline: Application of chapter—Director's authority—Disciplinary authority.


title: RCW 18.235.030

text:
The disciplinary authority has the power to:
(1) Adopt, amend, and rescind rules as necessary to carry out the purposes of this chapter, including, but not limited to, rules regarding standards of professional conduct and practice;
(2) Investigate complaints or reports of unprofessional conduct and hold hearings as provided in this chapter;
(3) Issue subpoenas and administer oaths in connection with any investigation, hearing, or proceeding held under this chapter;
(4) Take or cause depositions to be taken and use other discovery procedures as needed in an investigation, hearing, or proceeding held under this chapter;
(5) Compel attendance of witnesses at hearings;
(6) Conduct practice reviews in the course of investigating a complaint or report of unprofessional conduct, unless the disciplinary authority is authorized to audit or inspect applicants or licensees under the chapters specified in RCW 18.235.020;
(7) Take emergency action ordering summary suspension of a license, or restriction or limitation of the licensee's practice or business pending proceedings by the disciplinary authority;
(8) Appoint a presiding officer or authorize the office of administrative hearings, as provided in chapter 34.12 RCW, to conduct hearings. The disciplinary authority may make the final decision regarding disposition of the license unless the disciplinary authority elects to delegate, in writing, the final decision to the presiding officer;
(9) Use individual members of the boards and commissions to direct investigations. However, the member of the board or commission may not subsequently participate in the hearing of the case;
(10) Enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter;
(11) Grant or deny license applications, secure the return of a license obtained through the mistake or inadvertence of the department or the disciplinary authority after providing the person so licensed with an opportunity for an adjudicative proceeding, and, in the event of a finding of unprofessional conduct by an applicant or license holder, impose any sanction against a license applicant or license holder provided by this chapter;
(12) Designate individuals authorized to sign subpoenas and statements of charges;
(13) Establish panels consisting of three or more members of the board or commission to perform any duty or authority within the board's or commission's jurisdiction under this chapter; and
(14) Contract with licensees, registrants, endorsement or permit holders, or any other persons or organizations to provide services necessary for the monitoring or supervision of licensees, registrants, or endorsement or permit holders who are placed on probation, whose professional or business activities are restricted, or who are for an authorized purpose subject to monitoring by the disciplinary authority. If the subject licensee, registrant, or endorsement or permit holders may only practice or operate a business under the supervision of another licensee, registrant, or endorsement or permit holder under the terms of the law regulating that occupation or business, the supervising licensee, registrant, or endorsement or permit holder must consent to the monitoring or supervision under this subsection, unless the supervising licensee, registrant, or endorsement or permit holder is, at the time, the subject of a disciplinary order.
[ 2002 c 86 s 104.]

catchline: Disciplinary authority—Powers.


title: RCW 18.235.040

text:
The director has the following additional authority:
(1) To employ investigative, administrative, and clerical staff as necessary for the enforcement of this chapter, except as provided otherwise by statute;
(2) Upon request of a board or commission, to appoint not more than three pro tem members as provided in this subsection. Individuals appointed as pro tem members of a board or commission must meet the same minimum qualifications as regular members of the board or commission. While serving as a pro tem board or commission member, a person so appointed has all the powers, duties, and immunities, and is entitled to the entitlements, including travel expenses in accordance with RCW 43.03.050 and 43.03.060, of a regular member of the board or commission; and
(3) To establish fees to be paid for witnesses, expert witnesses, and consultants used in any investigation or adjudicative proceedings as authorized by RCW 34.05.446.
[ 2007 c 256 s 13; 2002 c 86 s 105.]

catchline: Director's authority.


title: RCW 18.235.050

text:
(1) If the disciplinary authority determines, upon investigation, that there is reason to believe that a license holder or applicant for a license has violated RCW 18.235.130 or has not met a minimum eligibility criteria for licensure, the disciplinary authority may prepare and serve the license holder or applicant a statement of charge, charges, or intent to deny. A notice that the license holder or applicant may request a hearing to contest the charge, charges, or intent to deny must accompany the statement. The license holder or applicant must file a request for a hearing with the disciplinary authority within twenty days after being served the statement of charges or statement of intent to deny. The failure to request a hearing constitutes a default, whereupon the disciplinary authority may enter a decision on the facts available to it.
(2) If a license holder or applicant for a license requests a hearing, the disciplinary authority must fix the time of the hearing as soon as convenient, but not earlier than thirty days after the service of charge, charges, or intent to deny. The disciplinary authority may hold a hearing sooner than thirty days only if the disciplinary authority has issued a summary suspension or summary restriction.
[ 2007 c 256 s 14; 2002 c 86 s 106.]

catchline: Statement of charges—Hearing.


title: RCW 18.235.060

text:
The procedures governing adjudicative proceedings before agencies under chapter 34.05 RCW, the administrative procedure act, govern all hearings before the disciplinary authority. The disciplinary authority has, in addition to the powers and duties set forth in this chapter, all of the powers and duties under chapter 34.05 RCW, which include, without limitation, all powers relating to the administration of oaths, the receipt of evidence, the issuance and enforcing of subpoenas, and the taking of depositions.
[ 2002 c 86 s 107.]

catchline: Procedures governing adjudicative proceedings.


title: RCW 18.235.070

text:
The department shall not issue a license to any person whose license has been previously denied, revoked, or suspended by the disciplinary authority for that profession or business, except in conformity with the terms and conditions of the certificate or order of denial, revocation, or suspension, or in conformity with any order of reinstatement issued by the disciplinary authority, or in accordance with the final judgment in any proceeding for review instituted under this chapter.
[ 2002 c 86 s 108.]

catchline: Previous denial, revocation, or suspension of license.


title: RCW 18.235.080

text:
An order pursuant to proceedings authorized by this chapter, after due notice and findings in accordance with this chapter and chapter 34.05 RCW, or an order of summary suspension entered under this chapter, takes effect immediately upon its being served. The final order, if appealed to the court, may not be stayed pending the appeal unless the disciplinary authority or court to which the appeal is taken enters an order staying the order of the disciplinary authority, which stay shall provide for terms necessary to protect the public.
[ 2007 c 256 s 15; 2002 c 86 s 109.]

catchline: Orders.


title: RCW 18.235.090

text:
A person who has been disciplined or has been denied a license by a disciplinary authority may appeal the decision as provided in chapter 34.05 RCW.
[ 2007 c 256 s 16; 2002 c 86 s 110.]

catchline: Appeal.


title: RCW 18.235.100

text:
A person whose license has been suspended or revoked under this chapter may petition the disciplinary authority for reinstatement after an interval of time and upon conditions determined by the disciplinary authority in the order suspending or revoking the license. The disciplinary authority shall act on the petition in accordance with the adjudicative proceedings provided under chapter 34.05 RCW and may impose such conditions as authorized by RCW 18.235.110. The disciplinary authority may require successful completion of an examination as a condition of reinstatement.
[ 2007 c 256 s 17; 2002 c 86 s 111.]

catchline: Reinstatement.


title: RCW 18.235.110

text:
(1) Upon finding unprofessional conduct, except as provided in RCW 9.97.020, the disciplinary authority may issue an order providing for one or any combination of the following:
(a) Revocation of the license for an interval of time;
(b) Suspension of the license for a fixed or indefinite term;
(c) Restriction or limitation of the practice;
(d) Satisfactory completion of a specific program of remedial education or treatment;
(e) Monitoring of the practice in a manner directed by the disciplinary authority;
(f) Censure or reprimand;
(g) Compliance with conditions of probation for a designated period of time;
(h) Payment of a fine for each violation found by the disciplinary authority, not to exceed five thousand dollars per violation. The disciplinary authority must consider aggravating or mitigating circumstances in assessing any fine. Funds received must be deposited in the related program account;
(i) Denial of an initial or renewal license application for an interval of time; or
(j) Other corrective action.
(2) The disciplinary authority may require reimbursement to the disciplinary authority for the investigative costs incurred in investigating the matter that resulted in issuance of an order under this section, but only if any of the sanctions in subsection (1)(a) through (j) of this section is ordered.
(3) Any of the actions under this section may be totally or partly stayed by the disciplinary authority. In determining what action is appropriate, the disciplinary authority must first consider what sanctions are necessary to protect the public health, safety, or welfare. Only after these provisions have been made may the disciplinary authority consider and include in the order requirements designed to rehabilitate the license holder or applicant. All costs associated with compliance with orders issued under this section are the obligation of the license holder or applicant.
(4) The licensee or applicant may enter into a stipulated disposition of charges that includes one or more of the sanctions of this section, but only after a statement of charges has been issued and the licensee has been afforded the opportunity for a hearing and has elected on the record to forego such a hearing. The stipulation shall either contain one or more specific findings of unprofessional conduct or a statement by the licensee acknowledging that evidence is sufficient to justify one or more specified findings of unprofessional conduct. The stipulations entered into under this subsection are considered formal disciplinary action for all purposes.
[ 2016 c 81 s 14; 2007 c 256 s 18; 2002 c 86 s 112.]
Notes:
Finding—Conflict with federal requirements—2016 c 81: See notes following RCW 9.97.010.

catchline: Unprofessional conduct—Finding.


title: RCW 18.235.120

text:
Where payment of a fine is required as a result of a disciplinary action under RCW 18.235.060 or 18.235.150 and timely payment is not made as directed in the final order, the disciplinary authority may enforce the order for payment in the superior court in the county in which the hearing was held. This right of enforcement is in addition to any other rights the disciplinary authority may have as to any licensee ordered to pay a fine but may not be construed to limit a licensee's ability to seek judicial review under RCW 18.235.090. In any action for enforcement of an order of payment of a fine, the disciplinary authority's order is conclusive proof of the validity of the order of a fine and the terms of payment.
[ 2002 c 86 s 113.]

catchline: Payment of a fine.


title: RCW 18.235.130

text:
The following conduct, acts, or conditions constitute unprofessional conduct for any license holder or applicant under the jurisdiction of this chapter:
(1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of the person's profession or operation of the person's business, whether the act constitutes a crime or not. At the disciplinary hearing a certified copy of a final holding of any court of competent jurisdiction is conclusive evidence of the conduct of the license holder or applicant upon which a conviction or the final holding is based. Upon a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended. Except as specifically provided by law, nothing in this subsection abrogates the provisions of chapter 9.96A RCW. However, RCW 9.96A.020 does not apply to a person who is required to register as a sex offender under RCW 9A.44.130;
(2) Misrepresentation or concealment of a material fact in obtaining or renewing a license or in reinstatement thereof;
(3) Advertising that is false, deceptive, or misleading;
(4) Incompetence, negligence, or malpractice that results in harm or damage to another or that creates an unreasonable risk of harm or damage to another;
(5) The suspension, revocation, or restriction of a license to engage in any business or profession by competent authority in any state, federal, or foreign jurisdiction. A certified copy of the order, stipulation, or agreement is conclusive evidence of the revocation, suspension, or restriction;
(6) Failure to cooperate with the disciplinary authority in the course of an investigation, audit, or inspection authorized by law by:
(a) Not furnishing any papers or documents requested by the disciplinary authority;
(b) Not furnishing in writing an explanation covering the matter contained in a complaint when requested by the disciplinary authority;
(c) Not responding to a subpoena issued by the disciplinary authority, whether or not the recipient of the subpoena is the accused in the proceeding; or
(d) Not providing authorized access, during regular business hours, to representatives of the disciplinary authority conducting an investigation, inspection, or audit at facilities utilized by the license holder or applicant;
(7) Failure to comply with an order issued by the disciplinary authority;
(8) Violating any of the provisions of this chapter or the chapters specified in RCW 18.235.020(2) or any rules made by the disciplinary authority under the chapters specified in RCW 18.235.020(2);
(9) Aiding or abetting an unlicensed person to practice or operate a business or profession when a license is required;
(10) Practice or operation of a business or profession beyond the scope of practice or operation as defined by law or rule;
(11) Misrepresentation in any aspect of the conduct of the business or profession;
(12) Failure to adequately supervise or oversee auxiliary staff, whether employees or contractors, to the extent that consumers may be harmed or damaged;
(13) Conviction of any gross misdemeanor or felony relating to the practice of the person's profession or operation of the person's business. For the purposes of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended. Except as specifically provided by law, nothing in this subsection abrogates the provisions of chapter 9.96A RCW. However, RCW 9.96A.020 does not apply to a person who is required to register as a sex offender under RCW 9A.44.130;
(14) Interference with an investigation or disciplinary action by willful misrepresentation of facts before the disciplinary authority or its authorized representatives, or by the use of threats or harassment against any consumer or witness to discourage them from providing evidence in a disciplinary action or any other legal action, or by the use of financial inducements to any consumer or witness to prevent or attempt to prevent him or her from providing evidence in a disciplinary action; and
(15) Engaging in unlicensed practice as defined in RCW 18.235.010.
[ 2007 c 256 s 19; 2002 c 86 s 114.]

catchline: Unprofessional conduct—Acts or conditions that constitute.


title: RCW 18.235.140

text:
If a person or business regulated by this chapter violates or fails to comply with a final order issued under RCW 18.235.130, the attorney general, any prosecuting attorney, the director, the board or commission, or any other person may maintain an action in the name of the state of Washington to enjoin the person from violating the order or failing to comply with the order. The injunction does not relieve the offender from criminal prosecution, but the remedy by injunction is in addition to the liability of the offender to criminal prosecution and disciplinary action.
[ 2002 c 86 s 115.]

catchline: Final order issued under RCW 18.235.130—Failure to comply.


title: RCW 18.235.150

text:
(1) The disciplinary authority may investigate complaints concerning practice by unlicensed persons of a profession or business for which a license is required by the chapters specified in RCW 18.235.020. In the investigation of the complaints, the director has the same authority as provided the disciplinary authority under RCW 18.235.030.
(2) The disciplinary authority may issue a notice of intent to issue a cease and desist order to any person whom the disciplinary authority has reason to believe is engaged or is about to engage in the unlicensed practice of a profession or operation of a business for which a license is required by the chapters specified in RCW 18.235.020.
(3) The disciplinary authority may issue a notice of intent to issue a cease and desist order to any person whom the disciplinary authority has reason to believe is engaged or is about to engage in an act or practice constituting a violation of this chapter or the chapters specified in RCW 18.235.020(2) or a rule adopted or order issued under those chapters.
(4) The person to whom such a notice is issued may request an adjudicative proceeding to contest the allegations. The notice shall include a brief, plain statement of the alleged unlicensed activities, act, or practice constituting a violation of this chapter or the chapters specified in RCW 18.235.020(2) or a rule adopted or order issued under those chapters. The request for hearing must be filed within twenty days after service of the notice of intent to issue a cease and desist order. The failure to request a hearing constitutes a default, whereupon the disciplinary authority may enter a permanent cease and desist order, which may include a civil fine. All proceedings shall be conducted in accordance with chapter 34.05 RCW.
(5) If the disciplinary authority makes a final determination that a person has engaged or is engaging in unlicensed practice or other act or practice constituting a violation of this chapter or the chapters specified in RCW 18.235.020(2) or a rule adopted or order issued under those chapters, the disciplinary authority may issue a permanent cease and desist order. In addition, the disciplinary authority may impose a civil fine in an amount not exceeding one thousand dollars for each day upon which the person engaged in the unlicensed practice of a profession or operation of a business for which a license is required by one or more of the chapters specified in RCW 18.235.020. The proceeds of such a fine shall be deposited in the related program account.
(6) The disciplinary authority may issue a temporary cease and desist order if a person is engaged or is about to engage in unlicensed practice or other act or practice constituting a violation of this chapter or the chapters specified in RCW 18.235.020(2) or a rule adopted or order issued under those chapters if the disciplinary authority makes a written finding of fact that the public interest will be irreparably harmed by delay in issuing an order. The person receiving a temporary cease and desist order shall be provided an opportunity for a prompt hearing. A temporary cease and desist order shall remain in effect until further order of the disciplinary authority. The failure to request a prompt or regularly scheduled hearing constitutes a default, whereupon the disciplinary authority may enter a permanent cease and desist order, which may include a civil fine.
(7) The cease and desist order is conclusive proof of unlicensed practice or other act or practice constituting a violation of this chapter or the chapters specified in RCW 18.235.020(2) or a rule adopted or order issued under those chapters and may be enforced under RCW 7.21.060. This method of enforcement of the cease and desist order or civil fine may be used in addition to, or as an alternative to, any provisions for enforcement of agency orders set out in chapter 34.05 RCW.
(8) The attorney general, a county prosecuting attorney, the director, a board or commission, or any person may, in accordance with the laws of this state governing injunctions, maintain an action in the name of the state of Washington to enjoin any person practicing a profession or business without a license for which a license is required by the chapters specified in RCW 18.235.020. All fees, fines, forfeitures, and penalties collected or assessed by a court because of a violation of this section shall be deposited in the related program account.
(9) The civil remedies in this section do not limit the ability to pursue criminal prosecution as authorized in any of the acts specified in RCW 18.235.020 nor do the civil remedies limit any criminal sanctions.
[ 2007 c 256 s 20; 2002 c 86 s 116.]

catchline: Investigation of complaint—Cease and desist order/notice of intent to issue—Final determination—Fine—Temporary cease and desist order—Action/who may maintain—Remedies not limited.


title: RCW 18.235.160

text:
A person or business that violates an injunction issued under this chapter may be found in contempt of court under RCW 7.21.010. Upon a finding by a court of competent jurisdiction that the person or business is in contempt, the court may order any remedial sanction as authorized by RCW 7.21.030. Further, the court may, in addition to the remedial sanctions available under RCW 7.21.030, order the person or business to pay a civil penalty to the state in an amount not to exceed twenty-five thousand dollars, which shall be deposited in the related program account. For the purposes of this section, the superior court issuing any injunction retains jurisdiction and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for the recovery of civil penalties.
[ 2002 c 86 s 117.]

catchline: Violation of injunction—Contempt of court—Civil penalty.