title: RCW 18.130.175

text:
(1) In lieu of disciplinary action under RCW 18.130.160 and if the disciplining authority determines that the unprofessional conduct may be the result of an applicable impairing or potentially impairing health condition, the disciplining authority may refer the license holder to a physician health program or a voluntary substance use disorder monitoring program approved by the disciplining authority.
The cost of evaluation and treatment shall be the responsibility of the license holder, but the responsibility does not preclude payment by an employer, existing insurance coverage, or other sources. Evaluation and treatment shall be provided by providers approved by the entity or the commission. The disciplining authority may also approve the use of out-of-state programs. Referral of the license holder to the physician health program or voluntary substance use disorder monitoring program shall be done only with the consent of the license holder. Referral to the physician health program or voluntary substance use disorder monitoring program may also include probationary conditions for a designated period of time. If the license holder does not consent to be referred to the program or does not successfully complete the program, the disciplining authority may take appropriate action under RCW 18.130.160 which includes suspension of the license unless or until the disciplining authority, in consultation with the director of the applicable program, determines the license holder is able to practice safely. The secretary shall adopt uniform rules for the evaluation by the disciplining authority of return to substance use or program violation on the part of a license holder in the program. The evaluation shall encourage program participation with additional conditions, in lieu of disciplinary action, when the disciplining authority determines that the license holder is able to continue to practice with reasonable skill and safety.
(2) In addition to approving the physician health program or the voluntary substance use disorder monitoring program that may receive referrals from the disciplining authority, the disciplining authority may establish by rule requirements for participation of license holders who are not being investigated or monitored by the disciplining authority. License holders voluntarily participating in the approved programs without being referred by the disciplining authority shall not be subject to disciplinary action under RCW 18.130.160 for their impairing or potentially impairing health condition, and shall not have their participation made known to the disciplining authority, if they meet the requirements of this section and the program in which they are participating.
(3) The license holder shall sign a waiver allowing the program to release information to the disciplining authority if the licensee does not comply with the requirements of this section or is unable to practice with reasonable skill or safety. The physician health program or voluntary substance use disorder program shall report to the disciplining authority any license holder who fails to comply with the requirements of this section or the program or who, in the opinion of the program, is unable to practice with reasonable skill or safety. License holders shall report to the disciplining authority if they fail to comply with this section or do not complete the program's requirements. License holders may, upon the agreement of the program and disciplining authority, reenter the program if they have previously failed to comply with this section.
(4) Program records including, but not limited to, case notes, progress notes, laboratory reports, evaluation and treatment records, electronic and written correspondence within the program, and between the program and the participant or other involved entities including, but not limited to, employers, credentialing bodies, referents, or other collateral sources, relating to license holders referred to or voluntarily participating in approved programs are confidential and exempt from disclosure under chapter 42.56 RCW and shall not be subject to discovery by subpoena or admissible as evidence except:
(a) To defend any civil action by a license holder regarding the restriction or revocation of that individual's clinical or staff privileges, or termination of a license holder's employment. In such an action, the program will, upon subpoena issued by either party to the action, and upon the requesting party seeking a protective order for the requested disclosure, provide to both parties of the action written disclosure that includes the following information:
(i) Verification of a health care professional's participation in the physician health program or voluntary substance use disorder monitoring program as it relates to aspects of program involvement at issue in the civil action;
(ii) The dates of participation;
(iii) Whether or not the program identified an impairing or potentially impairing health condition;
(iv) Whether the health care professional was compliant with the requirements of the physician health program or voluntary substance use disorder monitoring program; and
(v) Whether the health care professional successfully completed the physician health program or voluntary substance use disorder monitoring program; and
(b) Records provided to the disciplining authority for cause as described in subsection (3) of this section. Program records relating to license holders mandated to the program, through order or by stipulation, by the disciplining authority or relating to license holders reported to the disciplining authority by the program for cause, must be released to the disciplining authority at the request of the disciplining authority. Records held by the disciplining authority under this section are exempt from chapter 42.56 RCW and are not subject to discovery by subpoena except by the license holder.
(5) This section does not affect an employer's right or ability to make employment-related decisions regarding a license holder. This section does not restrict the authority of the disciplining authority to take disciplinary action for any other unprofessional conduct.
(6) A person who, in good faith, reports information or takes action in connection with this section is immune from civil liability for reporting information or taking the action.
(a) The immunity from civil liability provided by this section shall be liberally construed to accomplish the purposes of this section, and applies to both license holders and students and trainees when students and trainees of the applicable professions are served by the program. The persons entitled to immunity shall include:
(i) An approved physician health program or voluntary substance use disorder monitoring program;
(ii) The professional association affiliated with the program;
(iii) Members, employees, or agents of the program or associations;
(iv) Persons reporting a license holder as being possibly impaired or providing information about the license holder's impairment; and
(v) Professionals supervising or monitoring the course of the program participant's treatment or rehabilitation.
(b) The courts are strongly encouraged to impose sanctions on program participants and their attorneys whose allegations under this subsection are not made in good faith and are without either reasonable objective, substantive grounds, or both.
(c) The immunity provided in this section is in addition to any other immunity provided by law.
(7) In the case of a person who is applying to be a substance use disorder professional or substance use disorder professional trainee certified under chapter 18.205 RCW, an agency affiliated counselor credentialed under chapter 18.19 RCW, or a peer support specialist or peer support specialist trainee certified under chapter 18.420 RCW, if the person is:
(a) Less than one year in recovery from a substance use disorder, the duration of time that the person may be required to participate in an approved substance use disorder monitoring program may not exceed the amount of time necessary for the person to achieve one year in recovery; or
(b) At least one year in recovery from a substance use disorder, the person may not be required to participate in the approved substance use disorder monitoring program.
(8) The provisions of subsection (7) of this section apply to any person employed as a peer support specialist as of July 1, 2025, participating in a program under this section as of July 1, 2025, and applying to become a certified peer support specialist under RCW 18.420.050, regardless of when the person's participation in a program began. To this extent, subsection (7) of this section applies retroactively, but in all other respects it applies prospectively.
[ 2025 c 360 s 5; 2025 c 58 s 3001. Prior: 2023 c 469 s 19; 2023 c 425 s 25; 2022 c 43 s 10; prior: 2019 c 446 s 43; 2019 c 444 s 21; 2006 c 99 s 7; 2005 c 274 s 233; 1998 c 132 s 10; 1993 c 367 s 3; 1991 c 3 s 270; 1988 c 247 s 2.]
Notes:
Reviser's note: This section was amended by 2025 c 58 s 3001 and by 2025 c 360 s 5, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective date—2023 c 425 ss 1-7, 13-20, and 22-26: See note following RCW 18.83.170.
Effective date—2006 c 99 s 7: "Section 7 of this act takes effect July 1, 2006." [ 2006 c 99 s 11.]
Finding—Intent—Severability—1998 c 132: See notes following RCW 18.71.0195.
Legislative intent—1988 c 247: "Existing law does not provide for a program for rehabilitation of health professionals whose competency may be impaired due to the abuse of alcohol and other drugs.
It is the intent of the legislature that the disciplining authorities seek ways to identify and support the rehabilitation of health professionals whose practice or competency may be impaired due to the abuse of drugs or alcohol. The legislature intends that such health professionals be treated so that they can return to or continue to practice their profession in a way which safeguards the public. The legislature specifically intends that the disciplining authorities establish an alternative program to the traditional administrative proceedings against such health professionals." [ 1988 c 247 s 1.]

catchline: Physician health and voluntary substance use disorder monitoring programs.


doc_type: statute

jurisdiction: wa

title: RCW 18.130.177

text:
(1)(a) Physician well-being program records relating to well-being program participants created specifically for, and collected and maintained by the physician well-being program, are confidential and exempt from disclosure under chapter 42.56 RCW and shall not be subject to discovery by subpoena or admissible as evidence. This privilege does not protect facts, information, communications, or documents available from other original sources and does not protect any document outside the scope of the privilege established under this section.
(b) This section does not apply to the organizing documents or contracts establishing a physician well-being program or to records created prior to the establishment of the physician well-being program.
(c) Nothing in this section precludes introduction into evidence information about a license holder collected and maintained in a physician well-being program in any civil action by the license holder regarding:
(i) The individual's participation in the program;
(ii) The restriction of the license holder's clinical or staff privileges when a report has been made under RCW 18.130.070(1)(d)(iii); or
(iii) Termination of the license holder's employment when a report has been made under RCW 18.130.070(1)(d)(iii).
(d) The information admitted under (c) of this subsection must not be reasonably discoverable, given the scope and limits of discovery, from other nonprivileged sources.
(2) In the case that the license holder is unable to practice with reasonable skill and safety or a patient has been harmed, a report must be made to the disciplinary [disciplining] authority or the physicians health program or voluntary substance use disorder monitoring program approved by a disciplining authority under RCW 18.130.175 in accordance with RCW 18.130.070(1)(d)(iii) and rules adopted by the Washington medical commission. Any report made to the disciplining authority under this section is not privileged or confidential and is subject to the public records act.
[ 2025 c 97 s 3.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Physician well-being program records—Disclosure.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 18.130.180

text:
Except as provided in RCW 18.130.450, the following conduct, acts, or conditions constitute unprofessional conduct for any license holder 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, whether the act constitutes a crime or not. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder 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 section, 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. Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW;
(2) Misrepresentation or concealment of a material fact in obtaining a license or in reinstatement thereof;
(3) All advertising which is false, fraudulent, or misleading;
(4) Incompetence, negligence, or malpractice which results in injury to a patient or which creates an unreasonable risk that a patient may be harmed. The use of a nontraditional treatment by itself shall not constitute unprofessional conduct, provided that it does not result in injury to a patient or create an unreasonable risk that a patient may be harmed;
(5) Suspension, revocation, or restriction of the individual's license to practice any health care profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;
(6) The possession, use, prescription for use, or distribution of controlled substances or legend drugs in any way other than for legitimate or therapeutic purposes, diversion of controlled substances or legend drugs, the violation of any drug law, or prescribing controlled substances for oneself;
(7) Violation of any state or federal statute or administrative rule regulating the profession in question, including any statute or rule defining or establishing standards of patient care or professional conduct or practice;
(8) Failure to cooperate with the disciplining authority by:
(a) Not furnishing any papers, documents, records, or other items;
(b) Not furnishing in writing a full and complete explanation covering the matter contained in the complaint filed with the disciplining authority;
(c) Not responding to subpoenas issued by the disciplining authority, whether or not the recipient of the subpoena is the accused in the proceeding; or
(d) Not providing reasonable and timely access for authorized representatives of the disciplining authority seeking to perform practice reviews at facilities utilized by the license holder;
(9) Failure to comply with an order issued by the disciplining authority or a stipulation for informal disposition entered into with the disciplining authority;
(10) Aiding or abetting an unlicensed person to practice when a license is required;
(11) Violations of rules established by any health agency;
(12) Practice beyond the scope of practice as defined by law or rule;
(13) Misrepresentation or fraud in any aspect of the conduct of the business or profession;
(14) Failure to adequately supervise auxiliary staff to the extent that the consumer's health or safety is at risk;
(15) Engaging in a profession involving contact with the public while suffering from a contagious or infectious disease involving serious risk to public health;
(16) Promotion for personal gain of any unnecessary or inefficacious drug, device, treatment, procedure, or service;
(17) Conviction of any gross misdemeanor or felony relating to the practice of the person's profession. 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. Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW;
(18) The offering, undertaking, or agreeing to cure or treat disease by a secret method, procedure, treatment, or medicine, or the treating, operating, or prescribing for any health condition by a method, means, or procedure which the licensee refuses to divulge upon demand of the disciplining authority;
(19) The willful betrayal of a practitioner-patient privilege as recognized by law;
(20) Violation of chapter 19.68 RCW or a pattern of violations of RCW 41.05.700(8), 48.43.735(8), 48.49.020, 48.49.030, 71.24.335(8), or 74.09.325(8);
(21) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the disciplining authority or its authorized representative, or by the use of threats or harassment against any patient or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action, or by the use of financial inducements to any patient or witness to prevent or attempt to prevent him or her from providing evidence in a disciplinary proceeding;
(22) Current misuse of:
(a) Alcohol;
(b) Controlled substances; or
(c) Legend drugs;
(23) Abuse of a client or patient or sexual contact with a client or patient;
(24) Acceptance of more than a nominal gratuity, hospitality, or subsidy offered by a representative or vendor of medical or health-related products or services intended for patients, in contemplation of a sale or for use in research publishable in professional journals, where a conflict of interest is presented, as defined by rules of the disciplining authority, in consultation with the department, based on recognized professional ethical standards;
(25) Violation of RCW 18.130.420;
(26) Performing conversion therapy on a patient under age eighteen;
(27) Violation of RCW 18.130.430;
(28) Violation of RCW 18.130.460;
(29) Violation of RCW 48.43.732; or
(30) Implanting the license holder's own gametes or reproductive material into a patient.
[ 2025 c 389 s 4; 2024 c 220 s 2. Prior: 2023 c 192 s 2; 2023 c 122 s 4; 2021 c 157 s 7; 2020 c 187 s 2; 2019 c 427 s 17; prior: 2018 c 300 s 4; 2018 c 216 s 2; 2010 c 9 s 5; 2008 c 134 s 25; 1995 c 336 s 9; 1993 c 367 s 22; prior: 1991 c 332 s 34; 1991 c 215 s 3; 1989 c 270 s 33; 1986 c 259 s 10; 1984 c 279 s 18.]
Notes:
Finding—Intent—2025 c 389: See note following RCW 48.43.732.
Effective date—2023 c 192: See note following RCW 18.130.450.
Finding—Intent—Effective date—2023 c 122: See notes following RCW 9A.36.170.
Conflict with federal requirements—2021 c 157: See note following RCW 74.09.327.
Findings—Intent—Effective date—2019 c 427: See RCW 48.49.003 and 48.49.900.
Intent—Finding—2018 c 300: "(1) The legislature intends to regulate the professional conduct of licensed health care providers with respect to performing conversion therapy on patients under age eighteen.
(2) The legislature finds and declares that Washington has a compelling interest in protecting the physical and psychological well-being of minors, including lesbian, gay, bisexual, and transgender youth, and in protecting its minors against exposure to serious harms caused by conversion therapy." [ 2018 c 300 s 1.]
Construction—2018 c 300: "This act may not be construed to apply to:
(1) Speech that does not constitute performing conversion therapy by licensed health care providers on patients under age eighteen;
(2) Religious practices or counseling under the auspices of a religious denomination, church, or organization that do not constitute performing conversion therapy by licensed health care providers on patients under age eighteen; and
(3) Nonlicensed counselors acting under the auspices of a religious denomination, church, or organization." [ 2018 c 300 s 2.]
Intent—2010 c 9: See note following RCW 69.50.315.
Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020.
Application to scope of practice—Captions not law—1991 c 332: See notes following RCW 18.130.010.
Severability—1986 c 259: See note following RCW 18.130.010.

catchline: Unprofessional conduct.


title: RCW 18.130.185

text:
If a person or business regulated by this chapter violates RCW 18.130.170 or 18.130.180, the attorney general, any prosecuting attorney, the secretary, the board, or any other person may maintain an action in the name of the state of Washington to enjoin the person from committing the violations. The injunction shall not relieve the offender from criminal prosecution, but the remedy by injunction shall be in addition to the liability of the offender to criminal prosecution and disciplinary action.
[ 1993 c 367 s 8; 1987 c 150 s 8; 1986 c 259 s 15.]
Notes:
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.

catchline: Injunctive relief for violations of RCW 18.130.170 or 18.130.180.


title: RCW 18.130.186

text:
(1) To implement a substance abuse monitoring program for license holders specified under RCW 18.130.040, who are impaired by substance abuse, the disciplinary [disciplining] authority may enter into a contract with a voluntary substance abuse program under RCW 18.130.175. The program may include any or all of the following:
(a) Contracting with providers of treatment programs;
(b) Receiving and evaluating reports of suspected impairment from any source;
(c) Intervening in cases of verified impairment;
(d) Referring impaired license holders to treatment programs;
(e) Monitoring the treatment and rehabilitation of impaired license holders including those ordered by the disciplinary [disciplining] authority;
(f) Providing education, prevention of impairment, posttreatment monitoring, and support of rehabilitated impaired license holders; and
(g) Performing other activities as agreed upon by the disciplinary [disciplining] authority.
(2) A contract entered into under subsection (1) of this section may be financed by a surcharge on each license issuance or renewal to be collected by the department of health from the license holders of the same regulated health profession. These moneys shall be placed in the health professions account to be used solely for the implementation of the program.
[ 1993 c 367 s 9; 1989 c 125 s 3.]

catchline: Voluntary substance abuse monitoring program—Content—License surcharge.


title: RCW 18.130.190

text:
(1) The secretary shall investigate complaints concerning practice by unlicensed persons of a profession or business for which a license is required by the chapters specified in RCW 18.130.040. In the investigation of the complaints, the secretary shall have the same authority as provided the secretary under RCW 18.130.050.
(2) The secretary may issue a notice of intention to issue a cease and desist order to any person whom the secretary has reason to believe is engaged in the unlicensed practice of a profession or business for which a license is required by the chapters specified in RCW 18.130.040. The person to whom such notice is issued may request an adjudicative proceeding to contest the charges. The request for hearing must be filed within twenty days after service of the notice of intention to issue a cease and desist order. The failure to request a hearing constitutes a default, whereupon the secretary 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.
(3) If the secretary makes a final determination that a person has engaged or is engaging in unlicensed practice, the secretary may issue a cease and desist order. In addition, the secretary may impose a civil fine in an amount not exceeding one thousand dollars for each day upon which the person engaged in unlicensed practice of a business or profession for which a license is required by one or more of the chapters specified in RCW 18.130.040. The proceeds of such fines shall be deposited to the health professions account.
(4) If the secretary makes a written finding of fact that the public interest will be irreparably harmed by delay in issuing an order, the secretary may issue a temporary cease and desist order. The person receiving a temporary cease and desist order shall be provided an opportunity for a prompt hearing. The temporary cease and desist order shall remain in effect until further order of the secretary. The failure to request a prompt or regularly scheduled hearing constitutes a default, whereupon the secretary may enter a permanent cease and desist order, which may include a civil fine.
(5) Neither the issuance of a cease and desist order nor payment of a civil fine shall relieve the person so practicing or operating a business without a license from criminal prosecution therefor, but the remedy of a cease and desist order or civil fine shall be in addition to any criminal liability. The cease and desist order is conclusive proof of unlicensed practice 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.
(6) The attorney general, a county prosecuting attorney, the secretary, a board, or any person may in accordance with the laws of this state governing injunctions, maintain an action in the name of this state to enjoin any person practicing a profession or business for which a license is required by the chapters specified in RCW 18.130.040 without a license from engaging in such practice or operating such business until the required license is secured. However, the injunction shall not relieve the person so practicing or operating a business without a license from criminal prosecution therefor, but the remedy by injunction shall be in addition to any criminal liability.
(7)(a) Unlicensed practice of a profession or operating a business for which a license is required by the chapters specified in RCW 18.130.040, unless otherwise exempted by law, constitutes a gross misdemeanor for a single violation.
(b) Each subsequent violation, whether alleged in the same or in subsequent prosecutions, is a class C felony punishable according to chapter 9A.20 RCW.
(8) All fees, fines, forfeitures, and penalties collected or assessed by a court because of a violation of this section shall be remitted to the health professions account.
[ 2003 c 53 s 141; 2001 c 207 s 2. Prior: 1995 c 285 s 35; 1993 c 367 s 19; 1991 c 3 s 271; prior: 1989 c 373 s 20; 1989 c 175 s 71; 1987 c 150 s 7; 1986 c 259 s 11; 1984 c 279 s 19.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Purpose—2001 c 207: "The purpose of this act is to respond to State v. Thomas, 103 Wn. App. 800, by reenacting and ranking, without changes, legislation relating to the crime of unlicensed practice of a profession or a business, enacted as section 35, chapter 285, Laws of 1995." [ 2001 c 207 s 1.]
Effective date—2001 c 207: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 7, 2001]." [ 2001 c 207 s 4.]
Effective date—1995 c 285: See RCW 48.30A.900.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.

catchline: Practice without license—Investigation of complaints—Cease and desist orders—Injunctions—Penalties.


title: RCW 18.130.195

text:
A person or business that violates an injunction issued under this chapter shall pay a civil penalty, as determined by the court, of not more than twenty-five thousand dollars, which shall be placed in the health professions account. For the purpose of this section, the superior court issuing any injunction shall retain 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.
[ 1987 c 150 s 5.]
Notes:
Severability—1987 c 150: See RCW 18.122.901.

catchline: Violation of injunction—Penalty.


title: RCW 18.130.200

text:
A person who attempts to obtain, obtains, or attempts to maintain a license by willful misrepresentation or fraudulent representation is guilty of a gross misdemeanor.
[ 1997 c 392 s 517; 1986 c 259 s 12; 1984 c 279 s 20.]
Notes:
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.
Severability—1986 c 259: See note following RCW 18.130.010.

catchline: Fraud or misrepresentation in obtaining or maintaining a license—Penalty.


title: RCW 18.130.210

text:
If the disciplining authority determines or has cause to believe that a license holder has committed a crime, the disciplining authority, immediately subsequent to issuing findings of fact and a final order, shall notify the attorney general or the county prosecuting attorney in the county in which the act took place of the facts known to the disciplining authority.
[ 1986 c 259 s 13; 1984 c 279 s 22.]
Notes:
Severability—1986 c 259: See note following RCW 18.130.010.

catchline: Crime by license holder—Notice to attorney general or county prosecuting attorney.


title: RCW 18.130.230

text:
(1)(a) A licensee must produce documents, records, or other items that are within his or her possession or control within twenty-one calendar days of service of a request by a disciplining authority. If the twenty-one calendar day limit results in a hardship upon the licensee, he or she may request, for good cause, an extension not to exceed thirty additional calendar days.
(b) In the event the licensee fails to produce the documents, records, or other items as requested by the disciplining authority or fails to obtain an extension of the time for response, the disciplining authority may issue a written citation and assess a fine of up to one hundred dollars per day for each day after the issuance of the citation until the documents, records, or other items are produced.
(c) In no event may the administrative fine assessed by the disciplining authority exceed five thousand dollars for each investigation made with respect to the violation.
(2) Citations issued under this section must include the following:
(a) A statement that the citation represents a determination that the person named has failed to produce documents, records, or other items as required by this section and that the determination is final unless contested as provided in this section;
(b) A statement of the specific circumstances;
(c) A statement of the monetary fine, which is up to one hundred dollars per day for each day after the issuance of the citation;
(d) A statement informing the licensee that if the licensee desires a hearing to contest the finding of a violation, the hearing must be requested by written notice to the disciplining authority within twenty days of the date of issuance of the citation. The hearing is limited to the issue of whether the licensee timely produced the requested documents, records, or other items or had good cause for failure to do so; and
(e) A statement that in the event a licensee fails to pay a fine within thirty days of the date of assessment, the full amount of the assessed fine must be added to the fee for renewal of the license unless the citation is being appealed.
(3) RCW 18.130.165 governs proof and enforcement of the fine.
(4) Administrative fines collected under this section must be deposited in the health professions account created in RCW 43.70.320.
(5) Issuance of a citation under this section does not preclude the disciplining authority from pursuing other action under this chapter.
(6) The disciplining authority shall establish and make available to licensees the maximum daily monetary fine that may be issued under subsection (2)(c) of this section. The disciplining authority shall review the maximum fine on a regular basis, but at a minimum, each biennium.
[ 2008 c 134 s 20.]
Notes:
Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020.

catchline: Production of documents—Administrative fines.


title: RCW 18.130.250

text:
The disciplining authority may adopt rules pursuant to this section authorizing a retired active license status. An individual credentialed by a disciplining authority regulated in the state under RCW 18.130.040, who is practicing only in emergent or intermittent circumstances as defined by rule established by the disciplining authority, may hold a retired active license at a reduced renewal fee established by the secretary under RCW 43.70.250 or, for a physician regulated pursuant to chapter 18.71 RCW who resides and practices in Washington and holds a retired active license, at no renewal fee. Except as provided in RCW 18.71.080, such a license shall meet the continuing education or continued competency requirements, if any, established by the disciplining authority for renewals, and is subject to the provisions of this chapter. Individuals who have entered into retired status agreements with the disciplinary [disciplining] authority in any jurisdiction shall not qualify for a retired active license under this section.
[ 2009 c 403 s 3; 1991 c 229 s 1.]
Notes:
Finding—Intent—2009 c 403: See note following RCW 18.71.080.

catchline: Retired active license status.


title: RCW 18.130.270

text:
The disciplinary [disciplining] authorities are authorized to develop and require licensees' participation in continuing competency pilot projects for the purpose of developing flexible, cost-efficient, effective, and geographically accessible competency assurance methods. The secretary shall establish criteria for development of pilot projects and shall select the disciplinary [disciplining] authorities that will participate from among the professions requesting participation. The department shall administer the projects in mutual cooperation with the disciplinary [disciplining] authority and shall allot and administer the budget for each pilot project. The department shall report to the legislature in January of each odd-numbered year concerning the progress and findings of the projects and shall make recommendations on the expansion of continued competency requirements to other licensed health professions.
Each disciplinary [disciplining] authority shall establish its pilot project in rule and may support the projects from a surcharge on each of the affected profession's license renewal in an amount established by the secretary.
[ 1991 c 332 s 3.]
Notes:
Application to scope of practice—Captions not law—1991 c 332: See notes following RCW 18.130.010.

catchline: Continuing competency pilot projects.


title: RCW 18.130.300

text:
(1) The secretary, members of the boards or commissions, or individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any disciplinary proceedings or other official acts performed in the course of their duties.
(2) A voluntary substance abuse monitoring program or an impaired practitioner program approved by a disciplining authority, or individuals acting on their behalf, are immune from suit in a civil action based on any disciplinary proceedings or other official acts performed in the course of their duties.
[ 1998 c 132 s 11; 1994 sp.s. c 9 s 605; 1993 c 367 s 10; 1984 c 279 s 21.]
Notes:
Finding—Intent—Severability—1998 c 132: See notes following RCW 18.71.0195.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.

catchline: Immunity from liability.


title: RCW 18.130.310

text:
(1) Subject to RCW 40.07.040, the disciplinary [disciplining] authority shall submit a biennial report to the legislature on its proceedings during the biennium, detailing the number of complaints made, investigated, and adjudicated and manner of disposition. In addition, the report must provide data on the department's background check activities conducted under RCW 18.130.064 and the effectiveness of those activities in identifying potential license holders who may not be qualified to practice safely. The report must summarize the distribution of the number of cases assigned to each attorney and investigator for each profession. The identity of the attorney and investigator must remain anonymous. The report may include recommendations for improving the disciplinary process, including proposed legislation. The department shall develop a uniform report format.
(2) Each disciplining authority identified in RCW 18.130.040(2)(b) may submit a biennial report to complement the report required under subsection (1) of this section. Each report may provide additional information about the disciplinary activities, rule-making and policy activities, and receipts and expenditures for the individual disciplining authority.
[ 2009 c 518 s 22; 2008 c 134 s 13; 1989 1st ex.s. c 9 s 313; 1987 c 505 s 5; 1984 c 279 s 23.]
Notes:
Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.

catchline: Biennial report—Contents—Format.


title: RCW 18.130.340

text:
The secretary of health shall coordinate and assist the regulatory boards and commissions of the health professions with prescriptive authority in the development of uniform guidelines for addressing opiate therapy for acute pain, and chronic pain associated with cancer and other terminal diseases, or other chronic or intractable pain conditions. The purpose of the guidelines is to assure the provision of effective medical treatment in accordance with recognized national standards and consistent with requirements of the public health and safety.
[ 1995 c 336 s 10.]

catchline: Opiate therapy guidelines.


title: RCW 18.130.350

text:
This chapter does not affect the use of records, obtained from the secretary or the disciplining authorities, in any existing investigation or action by any state agency. Nor does this chapter limit any existing exchange of information between the secretary or the disciplining authorities and other state agencies.
[ 1997 c 270 s 3.]

catchline: Application—Use of records or exchange of information not affected.


title: RCW 18.130.360

text:
(1) As used in this section, "emergency or disaster" has the same meaning as in RCW 38.52.010.
(2) The secretary shall issue a retired volunteer medical worker license to any applicant who:
(a) Has held an active license issued by a disciplining authority under RCW 18.130.040 no more than ten years prior to applying for an initial license under this section;
(b) Does not have any current restrictions on the ability to obtain a license for violations of this chapter; and
(c) Submits proof of registration as a volunteer with a local organization for emergency services or management as defined by chapter 38.52 RCW.
(3) License holders under this section must be supervised and may practice only those duties that correspond to the scope of their emergency worker assignment not to exceed their scope of practice prior to retirement.
(4) The department shall adopt rules and policies to implement this section.
(5) The department shall establish standards for the renewal of licenses issued under this section, including continuing competency requirements.
(6) License holders under this section are subject to the provisions of this chapter as they may apply to the issuance and denial of credentials, unauthorized practice, and discipline for acts of unprofessional conduct.
(7) Nothing in this section precludes a health care professional who holds an active license from providing medical services during an emergency or disaster.
(8) The cost of regulatory activities for license holders under this section must be borne in equal proportion by all health care providers holding a license issued by a disciplining authority under RCW 18.130.040.
[ 2006 c 72 s 1.]

catchline: Retired volunteer medical worker license—Supervision—Rules.


title: RCW 18.130.370

text:
Any individual who applies for a license or temporary practice permit or holds a license or temporary practice permit and is prohibited from practicing a health care profession in another state because of an act of unprofessional conduct that is substantially equivalent to an act of unprofessional conduct prohibited by this chapter or any of the chapters specified in RCW 18.130.040 is prohibited from practicing a health care profession in this state until proceedings of the appropriate disciplining authority have been completed under RCW 18.130.050.
[ 2006 c 99 s 3.]

catchline: Prohibition on practicing in another state—Prohibited from practicing in this state until proceedings of appropriate disciplining authority are completed.


title: RCW 18.130.390

text:
(1) Each of the disciplining authorities identified in RCW 18.130.040(2)(b) shall appoint a representative to review the secretary's sanctioning guidelines, as well as guidelines adopted by any of the boards and commissions, and collaborate to develop a schedule that defines appropriate ranges of sanctions that are applicable upon a determination that a license holder has committed unprofessional conduct as defined in this chapter or the chapters specified in RCW 18.130.040(2). The schedule must identify aggravating and mitigating circumstances that may enhance or reduce the sanction imposed by the disciplining authority for unprofessional conduct. The schedule must apply to all disciplining authorities. In addition, the disciplining authorities shall make provisions for instances in which there are multiple findings of unprofessional conduct. When establishing the proposed schedule, the disciplining authorities shall consider maintaining consistent sanction determinations that maximize the protection of the public's health and while maintaining the rights of health care providers of the different health professions. The disciplining authorities shall submit the proposed schedule and recommendations to modify or adopt the secretary's guidelines to the secretary no later than November 15, 2008.
(2) The secretary shall adopt rules establishing a uniform sanctioning schedule that is consistent with the proposed schedule developed under subsection (1) of this section. The schedule shall be applied to all disciplinary actions commenced under this chapter after January 1, 2009. The secretary shall use his or her emergency rule-making authority pursuant to the procedures under chapter 34.05 RCW, to adopt rules that take effect no later than January 1, 2009, to implement the schedule.
(3) The disciplining authority may determine that a case presents unique circumstances that the schedule adopted under this section does not adequately address. The disciplining authority may deviate from the schedule adopted under this section when selecting appropriate sanctions, but the disciplining authority must issue a written explanation in the order of the basis for not following the schedule.
(4) The secretary shall report to the legislature by January 15, 2009, on the adoption of the sanctioning schedule.
[ 2008 c 134 s 12.]
Notes:
Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020.

catchline: Sanctioning schedule—Development.


title: RCW 18.130.400

text:
Any individual who applies for a license or temporary practice permit or holds a license or temporary practice permit and has a final finding issued by the department of social and health services of abuse or neglect of a minor or abuse, abandonment, neglect, or financial exploitation of a vulnerable adult is prohibited from practicing a health care profession in this state until proceedings of the appropriate disciplining authority have been completed under RCW 18.130.050.
[ 2013 c 86 s 1.]
Notes:
Effective date—2013 c 86: "This act takes effect January 1, 2014." [ 2013 c 86 s 3.]

catchline: Abuse of vulnerable adult—Prohibition on practice.


title: RCW 18.130.410

text:
It is not professional misconduct for a physician licensed under chapter 18.71 RCW; osteopathic physician licensed under chapter 18.57 RCW; registered nurse, licensed practical nurse, or *advanced registered nurse practitioner licensed under chapter 18.79 RCW; physician assistant licensed under chapter 18.71A RCW; advanced emergency medical technician or paramedic certified under chapter 18.71 RCW; or medical assistant-certified, medical assistant-phlebotomist, or forensic phlebotomist certified under chapter 18.360 RCW, or person holding another credential under Title 18 RCW whose scope of practice includes performing venous blood draws, or hospital, or duly licensed clinical laboratory employing or utilizing services of such licensed or certified health care provider, to collect a blood sample without a person's consent when the physician licensed under chapter 18.71 RCW; osteopathic physician licensed under chapter 18.57 RCW; registered nurse, licensed practical nurse, or *advanced registered nurse practitioner licensed under chapter 18.79 RCW; physician assistant licensed under chapter 18.71A RCW; advanced emergency medical technician or paramedic certified under chapter 18.71 RCW; or medical assistant-certified, medical assistant-phlebotomist, or forensic phlebotomist certified under chapter 18.360 RCW, or person holding another credential under Title 18 RCW whose scope of practice includes performing venous blood draws, or hospital, or duly licensed clinical laboratory employing or utilizing services of such licensed or certified health care provider withdrawing blood was directed by a law enforcement officer to do so for the purpose of a blood test under the provisions of a search warrant or exigent circumstances: PROVIDED, That nothing in this section shall relieve a physician licensed under chapter 18.71 RCW; osteopathic physician licensed under chapter 18.57 RCW; registered nurse, licensed practical nurse, or *advanced registered nurse practitioner licensed under chapter 18.79 RCW; physician assistant licensed under chapter 18.71A RCW; advanced emergency medical technician or paramedic certified under chapter 18.71 RCW; or medical assistant-certified, medical assistant-phlebotomist, or forensic phlebotomist certified under chapter 18.360 RCW, or person holding another credential under Title 18 RCW whose scope of practice includes performing venous blood draws, or hospital, or duly licensed clinical laboratory employing or utilizing services of such licensed or certified health care provider withdrawing blood from professional discipline arising from the use of improper procedures or from failing to exercise the required standard of care.
[ 2020 c 80 s 24; 2017 c 336 s 9; 2015 2nd sp.s. c 3 s 21.]
Notes:
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Finding—2017 c 336: See note following RCW 9.96.060.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
PDF
RCW 18.130.410
Collecting blood samples without consent under direction of law enforcement. (Effective June 30, 2027.)
It is not professional misconduct for a physician licensed under chapter 18.71 RCW; osteopathic physician licensed under chapter 18.57 RCW; registered nurse, licensed practical nurse, or advanced practice registered nurse licensed under chapter 18.79 RCW; physician assistant licensed under chapter 18.71A RCW; advanced emergency medical technician or paramedic certified under chapter 18.71 RCW; or medical assistant-certified, medical assistant-phlebotomist, or forensic phlebotomist certified under chapter 18.360 RCW, or person holding another credential under Title 18 RCW whose scope of practice includes performing venous blood draws, or hospital, or duly licensed clinical laboratory employing or utilizing services of such licensed or certified health care provider, to collect a blood sample without a person's consent when the physician licensed under chapter 18.71 RCW; osteopathic physician licensed under chapter 18.57 RCW; registered nurse, licensed practical nurse, or advanced practice registered nurse licensed under chapter 18.79 RCW; physician assistant licensed under chapter 18.71A RCW; advanced emergency medical technician or paramedic certified under chapter 18.71 RCW; or medical assistant-certified, medical assistant-phlebotomist, or forensic phlebotomist certified under chapter 18.360 RCW, or person holding another credential under Title 18 RCW whose scope of practice includes performing venous blood draws, or hospital, or duly licensed clinical laboratory employing or utilizing services of such licensed or certified health care provider withdrawing blood was directed by a law enforcement officer to do so for the purpose of a blood test under the provisions of a search warrant or exigent circumstances: PROVIDED, That nothing in this section shall relieve a physician licensed under chapter 18.71 RCW; osteopathic physician licensed under chapter 18.57 RCW; registered nurse, licensed practical nurse, or advanced practice registered nurse licensed under chapter 18.79 RCW; physician assistant licensed under chapter 18.71A RCW; advanced emergency medical technician or paramedic certified under chapter 18.71 RCW; or medical assistant-certified, medical assistant-phlebotomist, or forensic phlebotomist certified under chapter 18.360 RCW, or person holding another credential under Title 18 RCW whose scope of practice includes performing venous blood draws, or hospital, or duly licensed clinical laboratory employing or utilizing services of such licensed or certified health care provider withdrawing blood from professional discipline arising from the use of improper procedures or from failing to exercise the required standard of care.
[ 2025 c 58 s 5080; 2020 c 80 s 24; 2017 c 336 s 9; 2015 2nd sp.s. c 3 s 21.]
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—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Finding—2017 c 336: See note following RCW 9.96.060.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.

catchline: Collecting blood samples without consent under direction of law enforcement. (Effective until June 30, 2027.)


title: RCW 18.130.420

text:
(1) A license holder subject to this chapter who performs a stem cell therapy that is not approved by the United States food and drug administration, shall provide the patient with the following written notice prior to performing the therapy:
"THIS NOTICE MUST BE PROVIDED TO YOU UNDER WASHINGTON LAW. This health care practitioner performs one or more stem cell therapies that have not yet been approved by the United States food and drug administration. You are encouraged to consult with your primary care provider prior to undergoing a stem cell therapy."
(2) The written notice required by subsection (1) of this section must be at least eight and one-half inches by eleven inches and written in no less than forty point type. The license holder must also prominently display the written notice in the entrance and in an area visible to patients in the license holder's office.
(3) A license holder who is required to provide written notice under subsection (1) of this section must also obtain a signed consent form before performing the therapy. The consent form must be signed by the patient, or, if the patient is legally not competent, the patient's representative, and must state, in language the patient could reasonably be expected to understand:
(a) The nature and character of the proposed treatment, including the treatment's food and drug administration approval status;
(b) The anticipated results of the proposed treatment;
(c) The recognized possible alternative forms of treatment; and
(d) The recognized serious possible risks, complications, and anticipated benefits involved in the treatment and in the recognized possible alternative forms of treatment, including nontreatment.
(4) The license holder must include the notice set forth in subsection (1) of this section in any advertisements for the therapy. In print advertisements, the notice must be clearly legible, in a font size no smaller than the largest font size used in the advertisement. In all other forms of advertisements, the notice must be either clearly legible in a font size no smaller than the largest font size used in the advertisement or clearly spoken.
(5) This section does not apply to the following:
(a) A license holder who has obtained approval for an investigational new drug or device from the United States food and drug administration for the use of human cells, tissues, or cellular or tissue-based products.
(b) A license holder who performs a stem cell therapy pursuant to an employment or other contract to perform the therapy on behalf of or under the auspices of an institution certified by the foundation for the accreditation of cellular therapy, the national institutes of health blood and marrow transplant clinical trials network, or AABB.
(6) Violations of this section constitute unprofessional conduct under this chapter.
(7) For purposes of this section:
(a) "Human cells, tissues, or cellular or tissue-based products" has the same meaning as in 21 C.F.R. Sec. 1271.3 as it exists on June 7, 2018.
(b) "Stem cell therapy" means a therapy involving the use of human cells, tissues, or cellular or tissue-based products.
[ 2018 c 216 s 1.]

catchline: Stem cell therapies—Informed consent.


title: RCW 18.130.430

text:
(1) A health care provider licensed under this title may not knowingly perform or authorize a student practicing under their authority to perform a pelvic examination on a patient who is anesthetized or unconscious unless:
(a) The patient or a person authorized to make health care decisions for the patient gave specific informed consent to the examination;
(b) The examination is necessary for diagnostic or treatment purposes; or
(c) Sexual assault is suspected, evidence may be collected if the patient is not capable of informed consent due to longer term medical condition, or if evidence will be lost.
(2) A licensed health care provider who violates subsection (1) of this section is subject to discipline pursuant to this chapter, the uniform disciplinary act.
[ 2020 c 187 s 1.]

catchline: Pelvic exams.


title: RCW 18.130.440

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall consult with the department of veterans affairs to create educational materials informing health care providers regulated under this chapter about the availability of the nationwide 988 phone number for individuals in crisis to connect with suicide prevention and mental health crisis counselors. The educational materials must include information about the veterans crisis line for veterans and service members, and, beginning July 1, 2023, information about the resources developed under RCW 43.60A.280.
(2) The department shall:
(a) Determine the health professions to which this section shall apply; and
(b) Collaborate with the corresponding disciplining authority under RCW 18.130.020 to ensure that the educational materials are distributed electronically to appropriate licensed health care providers when a provider renews his or her license.
(3) Beginning July 1, 2023, all health care providers are strongly encouraged to inquire with new patients entering care whether the patient is a veteran, member of the military, or a family member of a veteran or member of the military. If the patient responds in the affirmative, the provider is encouraged to share the educational materials created under this section with the patient.
[ 2022 c 191 s 6.]
Notes:
Findings—Intent—2022 c 191: See note following RCW 43.60A.260.

catchline: Educational materials on nationwide 988 phone number—Veterans crisis line and resources.


title: RCW 18.130.450

text:
(1) Notwithstanding RCW 18.130.180, the following shall not constitute unprofessional conduct under this chapter:
(a) The provision of, authorization of, recommendation of, aiding in, assistance in, referral for, or other participation in any reproductive health care services or gender-affirming treatment consistent with the standard of care in Washington by a license holder;
(b) The provision of, authorization of, recommendation of, aiding in, assistance in, referral for, or other participation in any reproductive health care services or gender-affirming treatment, by a license holder, if the participation would have been lawful and consistent with standards of care if it occurred entirely in Washington;
(c) A conviction or disciplinary action based on the license holder's violation of another state's laws prohibiting the provision of, authorization of, recommendation of, aiding in, assistance in, referral for, or other participation in any reproductive health care services or gender-affirming treatment, if the participation would have been lawful and consistent with standards of care if it occurred entirely in Washington.
(2) Except as required by chapter 18.71B RCW, the following, alone or in combination, shall not serve as the basis for a denial of an application for licensure, licensure renewal, or temporary practice permit, or for any other disciplinary action by a disciplining authority against an applicant or license holder:
(a) The provision of, authorization of, recommendation of, aiding in, assistance in, referral for, or other participation in any reproductive health care services or gender-affirming treatment consistent with the standard of care in Washington by a license holder;
(b) The provision of, authorization of, recommendation of, aiding in, assistance in, referral for, or other participation in any reproductive health care services or gender-affirming treatment, by a license holder, if the participation would have been lawful and consistent with standards of care if it occurred entirely in Washington;
(c) A conviction or disciplinary action based on the license holder's violation of another state's laws prohibiting the provision of, authorization of, recommendation of, aiding in, assistance in, referral for, or other participation in any reproductive health care services or gender-affirming treatment, if the participation would have been lawful and consistent with standards of care if it occurred entirely in Washington.
(3) Nothing in this section prohibits the disciplining authority from taking action on separate charges that are unrelated to the provision of, authorization of, recommendation of, aiding in, assistance in, referral for, or other participation in any reproductive health care services or gender-affirming treatment that would have been lawful and consistent with standards of care if it occurred entirely in Washington.
(4) Nothing in this section shall be construed to expand the scope of practice of any license holder licensed under this title, nor does this section give any such license holder the authority to act outside their scope of practice as defined under this title.
(5) For the purposes of this section the following definitions apply:
(a) "Gender-affirming treatment" means a service or product that a health care provider, as defined in RCW 70.02.010, provides to an individual to support and affirm the individual's gender identity. "Gender-affirming treatment" includes, but is not limited to, treatment for gender dysphoria. "Gender-affirming treatment" can be provided to two spirit, transgender, nonbinary, and other gender diverse individuals.
(b) "Reproductive health care services" means any medical services or treatments, including pharmaceutical and preventive care services or treatments, directly involved in the reproductive system and its processes, functions, and organs involved in reproduction.
[ 2024 c 14 s 1; 2023 c 192 s 3.]
Notes:
Effective date—2023 c 192: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 27, 2023]." [ 2023 c 192 s 4.]

catchline: Reproductive health care services and gender-affirming treatment.


title: RCW 18.130.460

text:
(1) A health care provider licensed under this title shall not perform any procedure constituting female genital mutilation on a minor.
(2) A licensed health care provider who violates subsection (1) of this section is subject to discipline under this chapter.
(3) For purposes of this section:
(a) "Female genital mutilation" means any procedure performed for nonmedical reasons that involves partial or total removal of, or other injury to, the external female genitalia, including but not limited to a clitoridectomy or the partial or total removal of the clitoris or the prepuce or clitoral hood, excision or the partial or total removal (with or without excision of the clitoris) of the labia minora or the labia majora, or both, infibulation or the narrowing of the vaginal opening (with or without excision of the clitoris), or other procedures that are harmful to the external female genitalia, including pricking, incising, scraping, or cauterizing the genital area; and
(b) "Minor" means any person under the age of 18.
[ 2023 c 122 s 3.]
Notes:
Finding—Intent—Effective date—2023 c 122: See notes following RCW 9A.36.170.

catchline: Female genital mutilation—Minors—Prohibition on procedure.


title: RCW 18.130.470

text:
(1) An ultrasound or a similar medical imaging device or procedure may only be provided by: (a) A health care provider holding an active license under one of the chapters listed in RCW 18.130.040 and acting within their scope of practice; or (b) a person acting under the supervision of a health care provider holding an active license under one of the chapters listed in RCW 18.130.040, where all actions performed are within the supervising health care provider's scope of practice.
(2) A violation of this section shall constitute practice without a license and the disciplining authority shall investigate and adjudicate complaints pursuant to RCW 18.130.190.
(3) This section does not apply to the use of an ultrasound by a person on livestock or other animals owned or being raised by that person.
[ 2024 c 329 s 1.]

catchline: Ultrasounds.


title: RCW 18.130.800

text:
(1) By July 1, 2024, the department and the examining board of psychology shall adopt emergency rules to implement changes to licensing requirements to remove barriers to entering and remaining in the health care workforce and to streamline and shorten the credentialing process. Pursuant to RCW 34.05.350, the legislature finds that the rules adopted under this section are necessary for the preservation of the public health, safety, or general welfare and observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest. The disciplining authorities shall, therefore, adopt the rules required under this section as emergency rules.
(2) By July 1, 2025, the department and the examining board of psychology shall adopt permanent rules to implement changes to licensing requirements to remove barriers to entering and remaining in the health care workforce and to streamline and shorten the credentialing process.
[ 2023 c 425 s 6.]
Notes:
Effective date—2023 c 425 ss 1-7, 13-20, and 22-26: See note following RCW 18.83.170.

catchline: Rule making—Licensure requirements.


title: RCW 18.130.900

text:
(1) This chapter shall be known and cited as the uniform disciplinary act.
(2) This chapter applies to any conduct, acts, or conditions occurring on or after June 11, 1986.
(3) This chapter does not apply to or govern the construction of and disciplinary action for any conduct, acts, or conditions occurring prior to June 11, 1986. Such conduct, acts, or conditions must be construed and disciplinary action taken according to the provisions of law existing at the time of the occurrence in the same manner as if this chapter had not been enacted.
[ 1986 c 259 s 14; 1984 c 279 s 24.]
Notes:
Severability—1986 c 259: See note following RCW 18.130.010.

catchline: Short title—Applicability.


title: RCW 18.130.901

text:
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
[ 1984 c 279 s 95.]

catchline: Severability—1984 c 279.


title: RCW 18.134.005

text:
Chapter 212, Laws of 2024 may be known and cited as the uniform telehealth act.
[ 2024 c 212 s 1.]

catchline: Short title—2024 c 212.


title: RCW 18.134.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Disciplining authority" means an entity to which a state has granted the authority to license, certify, or discipline individuals who provide health care.
(2) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(3) "Health care" means care, treatment, or a service or procedure, to maintain, monitor, diagnose, or otherwise affect an individual's physical or behavioral health, injury, or condition.
(4)(a) "Health care practitioner" means:
(i) A physician licensed under chapter 18.71 RCW;
(ii) An osteopathic physician or surgeon licensed under chapter 18.57 RCW;
(iii) A podiatric physician and surgeon licensed under chapter 18.22 RCW;
(iv) An advanced registered nurse practitioner licensed under chapter 18.79 RCW;
(v) A naturopath licensed under chapter 18.36A RCW;
(vi) A physician assistant licensed under chapter 18.71A RCW; or
(vii) A person who is otherwise authorized to practice a profession regulated under the authority of RCW 18.130.040 to provide health care in this state, to the extent the profession's scope of practice includes health care that can be provided through telehealth.
(b) "Health care practitioner" does not include a veterinarian licensed under chapter 18.92 RCW.
(5) "Professional practice standard" includes:
(a) A standard of care;
(b) A standard of professional ethics; and
(c) A practice requirement imposed by a disciplining authority.
(6) "Scope of practice" means the extent of a health care practitioner's authority to provide health care.
(7) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.
(8) "Telecommunication technology" means technology that supports communication through electronic means. The term is not limited to regulated technology or technology associated with a regulated industry.
(9) "Telehealth" includes telemedicine and means the use of synchronous or asynchronous telecommunication technology by a practitioner to provide health care to a patient at a different physical location than the practitioner. "Telehealth" does not include the use, in isolation, of email, instant messaging, text messaging, or fax.
(10) "Telehealth services" means health care provided through telehealth.
[ 2024 c 212 s 2.]
PDF
RCW 18.134.010
Definitions. (Effective June 30, 2027.)
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Disciplining authority" means an entity to which a state has granted the authority to license, certify, or discipline individuals who provide health care.
(2) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(3) "Health care" means care, treatment, or a service or procedure, to maintain, monitor, diagnose, or otherwise affect an individual's physical or behavioral health, injury, or condition.
(4)(a) "Health care practitioner" means:
(i) A physician licensed under chapter 18.71 RCW;
(ii) An osteopathic physician or surgeon licensed under chapter 18.57 RCW;
(iii) A podiatric physician and surgeon licensed under chapter 18.22 RCW;
(iv) An advanced practice registered nurse licensed under chapter 18.79 RCW;
(v) A naturopath licensed under chapter 18.36A RCW;
(vi) A physician assistant licensed under chapter 18.71A RCW; or
(vii) A person who is otherwise authorized to practice a profession regulated under the authority of RCW 18.130.040 to provide health care in this state, to the extent the profession's scope of practice includes health care that can be provided through telehealth.
(b) "Health care practitioner" does not include a veterinarian licensed under chapter 18.92 RCW.
(5) "Professional practice standard" includes:
(a) A standard of care;
(b) A standard of professional ethics; and
(c) A practice requirement imposed by a disciplining authority.
(6) "Scope of practice" means the extent of a health care practitioner's authority to provide health care.
(7) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.
(8) "Telecommunication technology" means technology that supports communication through electronic means. The term is not limited to regulated technology or technology associated with a regulated industry.
(9) "Telehealth" includes telemedicine and means the use of synchronous or asynchronous telecommunication technology by a practitioner to provide health care to a patient at a different physical location than the practitioner. "Telehealth" does not include the use, in isolation, of email, instant messaging, text messaging, or fax.
(10) "Telehealth services" means health care provided through telehealth.
[ 2025 c 58 s 5081; 2024 c 212 s 2.]
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.

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


title: RCW 18.134.020

text:
(1) This chapter applies to the provision of telehealth services to a patient located in this state.
(2) This chapter does not apply to the provision of telehealth services to a patient located outside this state.
[ 2024 c 212 s 3.]

catchline: Scope.


title: RCW 18.134.030

text:
(1) A health care practitioner may provide telehealth services to a patient located in this state if the services are consistent with the health care practitioner's scope of practice in this state, applicable professional practice standards in this state, and requirements and limitations of federal law and law of this state.
(2) This chapter does not authorize provision of health care otherwise regulated by federal law or law of this state, unless the provision of health care complies with the requirements, limitations, and prohibitions of the federal law or law of this state.
(3) A practitioner-patient relationship may be established through telehealth. A practitioner-patient relationship may not be established through email, instant messaging, text messaging, or fax.
[ 2024 c 212 s 4.]

catchline: Telehealth authorization.


title: RCW 18.134.040

text:
(1) A health care practitioner who provides telehealth services to a patient located in this state shall provide the services in compliance with the professional practice standards applicable to a health care practitioner who provides comparable in-person health care in this state. Professional practice standards and law applicable to the provision of health care in this state, including standards and law relating to prescribing medication or treatment, identity verification, documentation, informed consent, confidentiality, privacy, and security, apply to the provision of telehealth services in this state.
(2) A disciplining authority in this state shall not adopt or enforce a rule that establishes a different professional practice standard for telehealth services merely because the services are provided through telehealth or limits the telecommunication technology that may be used for telehealth services.
[ 2024 c 212 s 5.]

catchline: Professional practice standard.


title: RCW 18.134.050

text:
An out-of-state health care practitioner may provide telehealth services to a patient located in this state if the out-of-state health care practitioner:
(1) Holds a current license or certification required to provide health care in this state or is otherwise authorized to provide health care in this state, including through a multistate compact of which this state is a member; or
(2) Holds a license or certification in good standing in another state and provides the telehealth services:
(a) In the form of a consultation with a health care practitioner who has a practitioner-patient relationship with the patient and who remains responsible for diagnosing and treating the patient in the state;
(b) In the form of a specialty assessment, diagnosis, or recommendation for treatment. This does not include the provision of treatment; or
(c) In the form of follow up by a primary care practitioner, mental health practitioner, or recognized clinical specialist to maintain continuity of care with an established patient who is temporarily located in this state and received treatment in the state where the practitioner is located and licensed.
[ 2024 c 212 s 6.]

catchline: Out-of-state health care practitioner.


title: RCW 18.134.060

text:
(1) The provision of a telehealth service under this chapter occurs at the patient's location at the time the service is provided.
(2) In a civil action arising out of a health care practitioner's provision of a telehealth service to a patient under this chapter, brought by the patient or the patient's personal representative, conservator, guardian, or a person entitled to bring a claim under the state's wrongful death statute, venue is proper in the patient's county of residence in this state or in another county authorized by law.
[ 2024 c 212 s 7.]

catchline: Location of care—Venue.


title: RCW 18.134.070

text:
(1) Nothing in chapter 212, Laws of 2024 shall be construed to require a health carrier as defined in RCW 48.43.005, a health plan offered under chapter 41.05 RCW, or medical assistance offered under chapter 74.09 RCW to reimburse for telehealth services that do not meet statutory requirements for reimbursement of telemedicine services.
(2) This chapter does not permit a health care practitioner to bill a patient directly for a telehealth service that is not a permissible telemedicine service under chapter 48.43, 41.05, or 74.09 RCW without receiving patient consent to be billed prior to providing the telehealth service.
[ 2024 c 212 s 10.]

catchline: Reimbursement—Prior patient consent for direct billing required.


title: RCW 18.134.800

text:
Disciplining authorities may adopt rules to administer, enforce, implement, or interpret this chapter.
[ 2024 c 212 s 8.]

catchline: Rule-making authority.


title: RCW 18.134.900

text:
In applying and construing this chapter, a court shall consider the promotion of uniformity of the law among jurisdictions that enact the uniform telehealth act.
[ 2024 c 212 s 9.]

catchline: Uniformity of application and construction.


title: RCW 18.138.010

text:
(1) "Dietetics" is the integration and application of scientific principles of food, nutrition, biochemistry, physiology, management, and behavioral and social sciences in counseling people to achieve and maintain health. Unique functions of dietetics include, but are not limited to:
(a) Assessing individual and community food practices and nutritional status using anthropometric, biochemical, clinical, dietary, and demographic data for clinical, research, and program planning purposes;
(b) Establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints;
(c) Providing nutrition counseling and education as components of preventive, curative, and restorative health care;
(d) Developing, implementing, managing, and evaluating nutrition care systems; and
(e) Evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition care services.
(2) "General nutrition services" means the counseling and/or educating of groups or individuals in the selection of food to meet normal nutritional needs for health maintenance, which includes, but is not restricted to:
(a) Assessing the nutritional needs of individuals and groups by planning, organizing, coordinating, and evaluating the nutrition components of community health care services;
(b) Supervising, administering, or teaching normal nutrition in colleges, universities, clinics, group care homes, nursing homes, hospitals, private industry, and group meetings.
(3) "Certified dietitian" means any person certified to practice dietetics under this chapter.
(4) "Certified nutritionist" means any person certified to provide general nutrition services under this chapter.
(5) "Department" means the department of health.
(6) "Secretary" means the secretary of health or the secretary's designee.
[ 1991 c 3 s 278; 1988 c 277 s 1.]

catchline: Definitions.


title: RCW 18.138.020

text:
(1) No persons shall represent themselves as certified dietitians or certified nutritionists unless certified as provided for in this chapter.
(2) Persons represent themselves as certified dietitians or certified nutritionists when any title or any description of services is used which incorporates one or more of the following items or designations: "Certified dietitian," "certified dietician," "certified nutritionist," "D.," "C.D.," or "C.N."
(3) The secretary may by rule proscribe or regulate advertising and other forms of patient solicitation which are likely to mislead or deceive the public as to whether someone is certified under this chapter.
[ 1991 c 3 s 279; 1988 c 277 s 2.]

catchline: Certification required.


title: RCW 18.138.030

text:
(1) An applicant applying for certification as a certified dietitian or certified nutritionist shall file a written application on a form or forms provided by the secretary setting forth under affidavit such information as the secretary may require, and proof that the candidate has met qualifications set forth below in subsection (2) or (3) of this section.
(2) Any person seeking certification as a "certified dietitian" shall meet the following qualifications:
(a) Be eighteen years of age or older;
(b) Has satisfactorily completed a major course of study in human nutrition, foods and nutrition, dietetics, or food systems management, and has received a baccalaureate or higher degree from a college or university accredited by the Western association of schools and colleges or a similar accreditation agency or colleges and universities approved by the secretary in rule;
(c) Demonstrates evidence of having successfully completed a planned continuous preprofessional experience in dietetic practice of not less than nine hundred hours under the supervision of a certified dietitian or a registered dietitian or demonstrates completion of a coordinated undergraduate program in dietetics, both of which meet the training criteria established by the secretary;
(d) Has satisfactorily completed an examination for dietitians administered by a public or private agency or institution recognized by the secretary as qualified to administer the examination; and
(e) Has satisfactorily completed courses of continuing education as currently established by the secretary.
(3) An individual may be certified as a certified dietician if he or she provides evidence of meeting criteria for registration on June 9, 1988, by the commission on dietetic registration.
(4) Any person seeking certification as a "certified nutritionist" shall meet the following qualifications:
(a) Possess the qualifications required to be a certified dietitian; or
(b) Has received a master's degree or doctorate degree in one of the following subject areas: Human nutrition, nutrition education, foods and nutrition, or public health nutrition from a college or university accredited by the Western association of schools and colleges or a similar accrediting agency or colleges and universities approved by the secretary in rule.
[ 1991 c 3 s 280; 1988 c 277 s 3.]

catchline: Qualifications for certification.


title: RCW 18.138.040

text:
(1) If the applicant meets the qualifications as outlined in RCW 18.138.030(2), the secretary shall confer on such candidates the title certified dietitian.
(2) If the applicant meets the qualifications as outlined in RCW 18.138.030(4), the secretary shall confer on such candidates the title certified nutritionist.
(3) Applicants for certification as a certified dietitian or certified nutritionist shall comply with administrative procedures, administrative requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280.
[ 1996 c 191 s 84; 1991 c 3 s 281; 1988 c 277 s 4.]

catchline: Certification—Application procedures, requirements, fees.


title: RCW 18.138.050

text:
The secretary may certify a person applying for the title "certified dietitian" without examination if such person is licensed or certified as a dietitian in another jurisdiction and if, in the secretary's judgment, the requirements of that jurisdiction are equivalent to or greater than those of Washington state.
[ 1991 c 3 s 282; 1988 c 277 s 6.]

catchline: Certification without examination.


title: RCW 18.138.060

text:
(1) Every person certified as a certified dietitian or certified nutritionist shall renew the certification according to administrative procedures, administrative requirements, and fees determined by the secretary as provided in RCW 43.70.250 and 43.70.280.
(2) All fees collected under this section shall be credited to the health professions account as required.
[ 1996 c 191 s 85; 1991 c 3 s 283; 1988 c 277 s 7.]

catchline: Renewal of certification—Fee.


title: RCW 18.138.070

text:
In addition to any other authority provided by law, the secretary may:
(1) Adopt rules in accordance with chapter 34.05 RCW necessary to implement this chapter;
(2) Establish forms necessary to administer this chapter;
(3) Issue a certificate to an applicant who has met the requirements for certification and deny a certificate to an applicant who does not meet the minimum qualifications;
(4) Hire clerical, administrative, and investigative staff as needed to implement and administer this chapter and hire individuals, including those certified under this chapter, to serve as consultants as necessary to implement and administer this chapter;
(5) Maintain the official departmental record of all applicants and certificate holders;
(6) Conduct a hearing, pursuant to chapter 34.05 RCW, on an appeal of a denial of certification based on the applicant's failure to meet the minimum qualifications for certification;
(7) Investigate alleged violations of this chapter and consumer complaints involving the practice of persons representing themselves as certified dietitians or certified nutritionists;
(8) Issue subpoenas, statements of charges, statements of intent to deny certifications, and orders and delegate in writing to a designee the authority to issue subpoenas, statements of charges, and statements on intent to deny certifications;
(9) Conduct disciplinary proceedings, impose sanctions, and assess fines for violations of this chapter or any rules adopted under it in accordance with chapter 34.05 RCW;
(10) Set all certification, renewal, and late renewal fees in accordance with RCW 43.70.250; and
(11) Set certification expiration dates and renewal periods for all certifications under this chapter.
[ 1999 c 151 s 301; 1994 sp.s. c 9 s 516; 1991 c 3 s 284; 1988 c 277 s 10.]
Notes:
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.

catchline: Authority of secretary.


title: RCW 18.138.090

text:
The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of certificates, unauthorized practices, and the disciplining of certificate holders under this chapter. The secretary shall be the disciplining authority under this chapter.
[ 1991 c 3 s 286; 1988 c 277 s 5.]

catchline: Application of uniform disciplinary act.


title: RCW 18.138.100

text:
This chapter does not require or prohibit individual or group policies or contracts of an insurance carrier, health care service contractor, or health maintenance organization to provide benefits or coverage for services and supplies provided by a person certified under this chapter.
[ 1988 c 277 s 9.]

catchline: Insurance coverage.


title: RCW 18.138.110

text:
Nothing in this chapter shall be construed to apply to owners, operators or employees of health food stores provided the owners, operators or employees do not represent themselves to be certified dietitians or certified nutritionists.
[ 1988 c 277 s 11.]

catchline: Health food stores exempted.


title: RCW 18.139.010

text:
The purpose of this compact is to facilitate interstate practice of dietetics with the goal of improving public access to dietetics services. This compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure, while also providing for licensure portability through a compact privilege granted to qualifying professionals.
This compact is designed to achieve the following objectives:
(1) Increase public access to dietetics services;
(2) Provide opportunities for interstate practice by licensed dietitians who meet uniform requirements;
(3) Eliminate the necessity for licenses in multiple states;
(4) Reduce administrative burden on member states and licensees;
(5) Enhance the states' ability to protect the public's health and safety;
(6) Encourage the cooperation of member states in regulating multistate practice of licensed dietitians;
(7) Support relocating active military members and their spouses;
(8) Enhance the exchange of licensure, investigative, and disciplinary information among member states; and
(9) Vest all member states with the authority to hold a licensed dietitian accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered.
[ 2026 c 18 s 1.]
Notes:
Effective date—2026 c 18: "This act takes effect July 1, 2028." [ 2026 c 18 s 16.]

catchline: Purpose. (Effective July 1, 2028.)


title: RCW 18.139.020

text:
As used in this compact, and except as otherwise provided, the following definitions apply:
(1) "ACEND" means the accreditation council for education in nutrition and dietetics or its successor organization.
(2) "Active military member" means any individual with full-time duty status in the active armed forces of the United states, including members of the national guard and reserve.
(3) "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a state's laws which is imposed by a licensing authority or other authority against a licensee, including actions against an individual's license or compact privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure affecting a licensee's authorization to practice, including issuance of a cease and desist action.
(4) "Alternative program" means a nondisciplinary monitoring or practice remediation process approved by a licensing authority.
(5) "Charter member state" means any member state which enacted this compact by law before the effective date specified in RCW 18.139.120.
(6) "Continuing education" means a requirement, as a condition of license renewal, to provide evidence of participation in, and completion of, educational and professional activities relevant to practice or area of work.
(7) "CDR" means the commission on dietetic registration or its successor organization.
(8) "Compact commission" means the government agency whose membership consists of all states that have enacted this compact, which is known as the dietitian licensure compact commission, as described in RCW 18.139.080, and which shall operate as an instrumentality of the member states.
(9) "Compact privilege" means a legal authorization, which is equivalent to a license, permitting the practice of dietetics in a remote state.
(10) "Current significant investigative information" means:
(a) Investigative information that a licensing authority, after a preliminary inquiry that includes notification and an opportunity for the subject licensee to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
(b) Investigative information that indicates that the subject licensee represents an immediate threat to public health and safety regardless of whether the subject licensee has been notified and had an opportunity to respond.
(11) "Data system" means a repository of information about licensees including, but not limited to, continuing education, examination, licensure, investigative, compact privilege, and adverse action information.
(12) "Encumbered license" means a license in which an adverse action restricts a licensee's ability to practice dietetics.
(13) "Encumbrance" means a revocation or suspension of, or any limitation on a licensee's full and unrestricted practice of dietetics by a licensing authority.
(14) "Executive committee" means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, this compact, and the compact commission.
(15) "Home state" means the member state that is the licensee's primary state of residence or that has been designated pursuant to RCW 18.139.060.
(16) "Investigative information" means information, records, and documents received or generated by a licensing authority pursuant to an investigation.
(17) "Jurisprudence requirement" means an assessment of an individual's knowledge of the state laws and regulations governing the practice of dietetics in such state.
(18) "License" means an authorization from a member state to either:
(a) Engage in the practice of dietetics (including medical nutrition therapy); or
(b) Use the title "dietitian," "licensed dietitian," "licensed dietitian nutritionist," "certified dietitian," or other title describing a substantially similar practitioner as the compact commission may further define by rule.
(19) "Licensee" or "licensed dietitian" means an individual who currently holds a license and who meets all of the requirements outlined in RCW 18.139.040.
(20) "Licensing authority" means the board or agency of a state, or equivalent, that is responsible for the licensing and regulation of the practice of dietetics.
(21) "Member state" means a state that has enacted the compact.
(22) "Practice of dietetics" means the synthesis and application of dietetics as defined by state law and regulations, primarily for the provision of nutrition care services, including medical nutrition therapy, in person or via telehealth, to prevent, manage, or treat diseases or medical conditions and promote wellness.
(23) "Registered dietitian" means a person who:
(a) Has completed applicable education, experience, examination, and recertification requirements approved by the CDR;
(b) Is credentialed by the CDR as a registered dietitian or a registered dietitian nutritionist; and
(c) Is legally authorized to use the title registered dietitian or registered dietitian nutritionist and the corresponding abbreviations "RD" or "RDN."
(24) "Remote state" means a member state other than the home state, where a licensee is exercising or seeking to exercise a compact privilege.
(25) "Rule" means a regulation promulgated by the compact commission that has the force of law.
(26) "Single state license" means a license issued by a member state within the issuing state and does not include a compact privilege in any other member state.
(27) "State" means any state, commonwealth, district, or territory of the United States of America.
(28) "Unencumbered license" means a license that authorizes a licensee to engage in the full and unrestricted practice of dietetics.
[ 2026 c 18 s 2.]
Notes:
Effective date—2026 c 18: See note following RCW 18.139.010.

catchline: Definitions. (Effective July 1, 2028.)


title: RCW 18.139.030

text:
(1) To participate in the compact, a state must currently:
(a) License and regulate the practice of dietetics; and
(b) Have a mechanism in place for receiving and investigating complaints about licensees.
(2) A member state shall:
(a) Participate fully in the compact commission's data system, including using the unique identifier as defined in rules;
(b) Notify the compact commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of current significant investigative information regarding a licensee;
(c) Implement or utilize procedures for considering the criminal history record information of applicants for an initial compact privilege. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records;
(i) A member state must fully implement a criminal history record information requirement, within a time frame established by rule, which includes receiving the results of the federal bureau of investigation record search and shall use those results in determining compact privilege eligibility.
(ii) Communication between a member state and the compact commission or among member states regarding the verification of eligibility for a compact privilege shall not include any information received from the federal bureau of investigation relating to a federal criminal history record information check performed by a member state;
(d) Comply with and enforce the rules of the compact commission;
(e) Require an applicant for a compact privilege to obtain or retain a license in the licensee's home state and meet the home state's qualifications for licensure or renewal of licensure, as well as all other applicable state laws; and
(f) Recognize a compact privilege granted to a licensee who meets all of the requirements outlined in RCW 18.139.040 in accordance with the terms of the compact and rules.
(3) Member states may set and collect a fee for granting a compact privilege.
(4) Individuals not residing in a member state shall continue to be able to apply for a member state's single state license as provided under the laws of each member state. However, the single state license granted to these individuals shall not be recognized as granting a compact privilege to engage in the practice of dietetics in any other member state.
(5) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.
(6) At no point shall the compact commission have the power to define the requirements for the issuance of a single state license to practice dietetics. The member states shall retain sole jurisdiction over the provision of these requirements.
[ 2026 c 18 s 3.]
Notes:
Effective date—2026 c 18: See note following RCW 18.139.010.

catchline: State participation in the compact. (Effective July 1, 2028.)