title: RCW 18.44.201

text:
(1) At the time of filing an application for an escrow agent license, or any renewal or reinstatement of an escrow agent license, the applicant shall provide satisfactory evidence to the director of having obtained the following as evidence of financial responsibility:
(a) A fidelity bond providing coverage in the aggregate amount of one million dollars with a deductible no greater than ten thousand dollars covering each corporate officer, partner, escrow officer, and employee of the applicant engaged in escrow transactions;
(b) An errors and omissions policy issued to the escrow agent providing coverage in the minimum aggregate amount of fifty thousand dollars or, alternatively, cash or securities in the principal amount of fifty thousand dollars deposited in an approved depository on condition that they be available for payment of any claim payable under an equivalent errors and omissions policy in that amount and pursuant to rules and regulations adopted by the department for that purpose; and
(c) A surety bond in the amount of ten thousand dollars executed by the applicant as obligor and by a surety company authorized to do a surety business in this state as surety, unless the fidelity bond obtained by the licensee to satisfy the requirement in (a) of this subsection does not have a deductible. The bond shall run to the state of Washington as obligee, and shall run to the benefit of the state and any person or persons who suffer loss by reason of the applicant's or its employee's violation of this chapter. The bond shall be conditioned that the obligor as licensee will faithfully conform to and abide by this chapter and all rules adopted under this chapter, and shall reimburse all persons who suffer loss by reason of a violation of this chapter or rules adopted under this chapter. The bond shall be continuous and may be canceled by the surety upon the surety giving written notice to the director of its intent to cancel the bond. The cancellation shall be effective thirty days after the notice is received by the director. Whether or not the bond is renewed, continued, reinstated, reissued, or otherwise extended, replaced, or modified, including increases or decreases in the penal sum, it shall be considered one continuous obligation, and the surety upon the bond shall not be liable in an aggregate amount exceeding the penal sum set forth on the face of the bond. In no event shall the penal sum, or any portion thereof, at two or more points in time be added together in determining the surety's liability. The bond shall not be liable for any penalties imposed on the licensee, including but not limited to, any increased damages or attorneys' fees, or both, awarded under RCW 19.86.090.
(2) For the purposes of this section, a "fidelity bond" shall mean a primary commercial blanket bond or its equivalent satisfactory to the director and written by an insurer authorized to transact this line of business in the state of Washington. Such bond shall provide fidelity coverage for any fraudulent or dishonest acts committed by any one or more of the corporate officers, partners, sole practitioners, escrow officers, and employees of the applicant engaged in escrow transactions acting alone or in collusion with others. This bond shall be for the sole benefit of the escrow agent and under no circumstances whatsoever shall the bonding company be liable under the bond to any other party unless the corporate officer, partner, or sole practitioner commits a fraudulent or dishonest act, in which case, the bond shall be for the benefit of the harmed consumer. The bond shall name the escrow agent as obligee and shall protect the obligee against the loss of money or other real or personal property belonging to the obligee, or in which the obligee has a pecuniary interest, or for which the obligee is legally liable or held by the obligee in any capacity, whether the obligee is legally liable therefor or not. An escrow agent's bond must be maintained until all accounts have been reconciled and the escrow trust account balance is zero. The bond may be canceled by the insurer upon delivery of thirty days' written notice to the director and to the escrow agent. In the event that the fidelity bond required under this subsection is not reasonably available, the director may adopt rules to implement a surety bond requirement.
(3) For the purposes of this section, an "errors and omissions policy" shall mean a group or individual insurance policy satisfactory to the director and issued by an insurer authorized to transact insurance business in the state of Washington. Such policy shall provide coverage for unintentional errors and omissions of the escrow agent and its employees, and may be canceled by the insurer upon delivery of thirty days' written notice to the director and to the escrow agent.
(4) Except as provided in RCW 18.44.221, the fidelity bond, surety bond, and the errors and omissions policy required by this section shall be kept in full force and effect as a condition precedent to the escrow agent's authority to transact escrow business in this state, and the escrow agent shall supply the director with satisfactory evidence thereof upon request.
[ 2013 c 64 s 4; 2010 c 34 s 7; 1999 c 30 s 5; 1979 c 70 s 1; 1977 ex.s. c 156 s 5; 1971 ex.s. c 245 s 4; 1965 c 153 s 5. Formerly RCW 18.44.050.]

catchline: Financial responsibility—Fidelity bond—Errors and omissions policy—Surety bond.


doc_type: statute

jurisdiction: wa

title: RCW 18.44.211

text:
In the event of cancellation of either the fidelity bond, the surety bond, or both, the director shall require the filing of a new bond or bonds. Failure to provide the director with satisfactory evidence of a new bond after receipt by the director of notification that one is required or by the effective date of the cancellation notice, whichever is later, shall be sufficient grounds for the suspension or revocation of the escrow agent's license.
[ 1999 c 30 s 6; 1965 c 153 s 6. Formerly RCW 18.44.060.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Cancellation of fidelity bond or surety bond, or both—New bond required.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 18.44.221

text:
The director shall, within thirty days after a written request, hold a public hearing to determine whether the fidelity bond, surety bond, and/or the errors and omissions policy specified in RCW 18.44.201 is reasonably available to a substantial number of licensed escrow agents. If the director determines and the insurance commissioner concurs that such bond or bonds and/or policy is not reasonably available, the director shall waive the requirements for such bond or bonds and/or policy for a fixed period of time.
[ 2011 1st sp.s. c 21 s 46; 1999 c 30 s 31; 1988 c 178 s 2; 1977 ex.s. c 156 s 30. Formerly RCW 18.44.360.]
Notes:
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
Severability—1988 c 178: See note following RCW 18.44.400.

catchline: Waiver of bond or policy where not reasonably available—Determination procedure—Waiver period.


title: RCW 18.44.231

text:
After a written determination by the director, with the consent of the insurance commissioner, that the fidelity bond, the surety bond, and/or the errors and omissions policy required under RCW 18.44.201 is cost-prohibitive, or after a determination as provided in RCW 18.44.221 that such bond or policy is not reasonably available, an association comprised of licensed escrow agents, with the consent of the insurance commissioner, may organize a corporation pursuant to chapter 24.06 RCW, exempt from the provisions of Title 48 RCW, for the purpose of insuring or self-insuring against claims arising out of escrow transactions. The insurance commissioner may limit the authority of the corporation to the insuring or self-insuring of claims which would be within the coverage specified in RCW 18.44.201. The insurance commissioner may revoke the authority of the corporation to transact insurance or self-insurance if he or she determines, pursuant to chapter 34.05 RCW, that the corporation is not acting in a financially responsible manner or for the benefit of the public.
[ 1999 c 30 s 32; 1987 c 471 s 4; 1977 ex.s. c 156 s 31. Formerly RCW 18.44.370.]
Notes:
Severability—1987 c 471: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1987 c 471 s 11.]
Effective date—1987 c 471: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987." [ 1987 c 471 s 13.]

catchline: Corporation for insuring where bond or policy not reasonably available.


title: RCW 18.44.241

text:
The following criteria will be considered by the director when deciding whether to grant a licensed escrow agent a waiver from the errors and omissions policy requirement under RCW 18.44.201:
(1) Whether the director has determined pursuant to RCW 18.44.221 that an errors and omissions policy is not reasonably available to a substantial number of licensed escrow agents;
(2) Whether purchasing an errors and omissions policy would be cost-prohibitive for the licensed escrow agent requesting the exemption;
(3) Whether a licensed escrow agent has wilfully violated the provisions of chapter 18.44 RCW, which violation thereby resulted in the termination of the agent's certificate, or engaged in any other conduct resulting in the termination of the escrow certificate;
(4) Whether a licensed escrow agent has paid claims directly or through an errors and omissions carrier, exclusive of costs and attorney fees, in excess of ten thousand dollars in the calendar year preceding the year for which the waiver is requested;
(5) Whether a licensed escrow agent has paid claims directly or through an errors or omissions insurance carrier, exclusive of costs and attorney fees, totaling in excess of twenty thousand dollars in the three calendar years preceding the calendar year for which the exemption is requested; and
(6) Whether the licensed escrow agent has been convicted of a crime involving honesty or moral turpitude.
These criteria are not intended to be a wholly inclusive list of factors to be applied by the director when considering the merits of a licensed escrow agent's request for a waiver of the required errors and omissions policy.
[ 2000 c 171 s 12; 1987 c 471 s 5. Formerly RCW 18.44.375.]
Notes:
Effective date—Severability—1987 c 471: See notes following RCW 18.44.231.

catchline: Waiver of errors and omissions policy requirement—Criteria.


title: RCW 18.44.251

text:
A request for a waiver of the required errors and omissions policy may be accomplished under the statute by submitting to the director an affidavit that substantially addresses the following:
REQUEST FOR WAIVER OF
ERRORS AND OMISSIONS POLICY
I, . . . . . ., residing at . . . . . ., City of . . . . . ., County of . . . . . ., State of Washington, declare the following:
(1) An errors and omissions policy is not reasonably available to a substantial number of licensed escrow officers; and
(2) Purchasing an errors and omissions policy is cost-prohibitive at this time; and
(3) I have not engaged in any conduct that resulted in the termination of my escrow certificate; and
(4) I have not paid, directly or through an errors and omissions policy, claims in excess of ten thousand dollars, exclusive of costs and attorneys' fees, during the calendar year preceding submission of this affidavit; and
(5) I have not paid, directly or through an errors and omissions policy, claims, exclusive of costs and attorneys' fees, totaling in excess of twenty thousand dollars in the three calendar years immediately preceding submission of this affidavit; and
(6) I have not been convicted of a crime involving honesty or moral turpitude during the calendar year preceding submission of this application.
THEREFORE, in consideration of the above, I, . . . . . ., respectfully request that the director of financial institutions grant this request for a waiver of the requirement that I purchase and maintain an errors and omissions policy covering my activities as an escrow agent licensed by the state of Washington for the period from . . . . . ., (year) . . . ., to . . . . . ., (year) . . . .
Submitted this day of . . . . day of . . . . . ., (year) . . . .
(signature)
State of Washington,
County of . . . . . . . .





ss.
I certify that I know or have satisfactory evidence that . . . . . . . . ., signed this instrument and acknowledged it to be . . . . . . . . . free and voluntary act for the uses and purposes mentioned in the instrument.
Dated . . . .
Signature of
Notary Public . . . .
(Seal or stamp)
Title . . . .
My appointment expires . . . .
[ 2016 c 202 s 21; 2011 1st sp.s. c 21 s 47; 1995 c 238 s 5; 1987 c 471 s 10. Formerly RCW 18.44.380.]
Notes:
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
Effective date—1995 c 238: See note following RCW 18.44.011.
Effective date—Severability—1987 c 471: See notes following RCW 18.44.231.

catchline: Waiver—Affidavit.


title: RCW 18.44.261

text:
The director shall, within thirty days following submission of a written petition for waiver of the insurance requirements found in RCW 18.44.201, issue a written determination granting or rejecting an applicant's request for waiver.
[ 2000 c 171 s 13; 1987 c 471 s 6. Formerly RCW 18.44.385.]
Notes:
Effective date—Severability—1987 c 471: See notes following RCW 18.44.231.

catchline: Waiver—Determination.


title: RCW 18.44.270

text:
The proceedings for revocation, suspension, or refusal to renew or accept an application for renewal of an escrow agent's registration or escrow officer license, and any appeal therefrom or review thereof shall be governed by the provisions of chapter 34.05 RCW.
[ 1977 ex.s. c 156 s 17; 1971 ex.s. c 245 s 14.]

catchline: Application of administrative procedure act.


title: RCW 18.44.271

text:
Upon granting a waiver of insurance requirements found in RCW 18.44.201, the director shall issue a certificate of waiver, which certificate shall be mailed to the escrow agent who requested the waiver.
[ 2000 c 171 s 14; 1987 c 471 s 7. Formerly RCW 18.44.390.]
Notes:
Effective date—Severability—1987 c 471: See notes following RCW 18.44.231.

catchline: Waiver—Certificate of waiver.


title: RCW 18.44.281

text:
Upon determining that a licensed escrow agent is to be denied a waiver of the errors and omissions policy requirements of RCW 18.44.201, the director shall within thirty days of the denial of an escrow agent's request for same, provide to the escrow agent a written explanation of the reasons for the director's decision to deny the requested waiver.
[ 2000 c 171 s 15; 1987 c 471 s 8. Formerly RCW 18.44.395.]
Notes:
Effective date—Severability—1987 c 471: See notes following RCW 18.44.231.

catchline: Waiver—Denial.


title: RCW 18.44.291

text:
Nothing in RCW 18.44.201, 18.44.241 through 18.44.261, 18.44.271, and 18.44.281 shall be construed as prohibiting a person applying for an escrow license from applying for a certificate of waiver of the errors and omissions policy requirement when seeking an escrow license.
[ 2000 c 171 s 16; 1987 c 471 s 9. Formerly RCW 18.44.398.]
Notes:
Effective date—Severability—1987 c 471: See notes following RCW 18.44.231.

catchline: Waiver—Application by escrow license applicant.


title: RCW 18.44.301

text:
It is a violation of this chapter for any escrow agent, controlling person, officer, designated escrow officer, independent contractor, employee of an escrow business, or other person subject to this chapter to:
(1) Directly or indirectly employ any scheme, device, or artifice to defraud or mislead borrowers or lenders or to defraud any person;
(2) Directly or indirectly engage in any unfair or deceptive practice toward any person;
(3) Directly or indirectly obtain property by fraud or misrepresentation;
(4) Knowingly make, publish, or disseminate any false, deceptive, or misleading information in the conduct of the business of escrow, or relative to the business of escrow or relative to any person engaged therein;
(5) Knowingly receive or take possession for personal use of any property of any escrow business, other than in payment authorized by this chapter, and with intent to defraud, omit to make, or cause or direct to be made, a full and true entry thereof in the books and accounts of the business;
(6) Make or concur in making any false entry, or omit or concur in omitting to make any material entry, in its books or accounts;
(7) Knowingly make or publish, or concur in making or publishing any written report, exhibit, or statement of its affairs or pecuniary condition containing any material statement which is false, or omit or concur in omitting any statement required by law to be contained therein;
(8) Willfully fail to make any proper entry in the books of the escrow business as required by law;
(9) Fail to disclose in a timely manner to the other officers, directors, controlling persons, designated escrow officer, or other licensed escrow officers the receipt of service of a notice of an application for an injunction or other legal process affecting the property or business of an escrow agent, including in the case of a licensed escrow agent an order to cease and desist or other order of the director;
(10) Fail to make any report or statement lawfully required by the director or other public official;
(11) Fail to comply with any requirement of any applicable federal or state act including the truth in lending act, 15 U.S.C. Sec. 1601 et seq. and Regulation Z, 12 C.F.R. Sec. 226; the real estate settlement procedures act, 12 U.S.C. Sec. 2601 et seq. and Regulation X, 24 C.F.R. Sec. 3500; the equal credit opportunity act, 15 U.S.C. Sec. 1691 et seq. and Regulation B, Sec. 202.9, 202.11, and 202.12; Title V, Subtitle A of the financial modernization act of 1999 (known as the Gramm-Leach-Bliley act), 12 U.S.C. Secs. 6801-6809; the federal trade commission's privacy rules, 16 C.F.R. Secs. 313-314, mandated by the Gramm-Leach-Bliley act; as these acts existed on January 1, 2007, or such subsequent date as may be provided by the department by rule, or any other applicable escrow activities covered by the acts; or
(12) Collecting [Collect] a fee for tracking unclaimed funds unless it is a bona fide out-of-pocket expense or converting [convert] unclaimed funds for personal use.
[ 2010 c 34 s 8; 1999 c 30 s 9.]

catchline: Prohibited practices.


title: RCW 18.44.305

text:
(1) An escrow agent, officer or employee of any escrow agent, or person who has a financial interest in an escrow agent shall not, directly or indirectly, give any fee, kickback, payment, or other thing of value to any person as an inducement, reward for placing business, referring business, or causing title insurance business to be given to a title insurance agent in which the escrow agent or person having a financial interest in the escrow agent also has a financial interest.
(2) An escrow agent or person who has a financial interest in an escrow agent shall not either solicit or accept, or both, anything of value from: A title insurance company, a title insurance agent, or the employees or representatives of a title insurance company or title insurance agent, that a title insurance company or title insurance agent is not permitted by law or rule to give to the escrow agent or person who has a financial interest in the escrow agent.
(3) An escrow agent or person who has a financial interest in an escrow agent shall not prevent or deter a title insurance company, title insurance agent, or their employees or representatives from delivering to an escrow agent or its employees, independent contractors, and clients printed promotional material concerning only title insurance services as long as:
(a) The material is business appropriate and is not misleading or false;
(b) The material does not malign the escrow agent, its employees, independent contractors, or affiliates;
(c) The delivery of the materials is limited to those areas of the escrow agent's physical office reserved for unrestricted public access; and
(d) The conduct of the employees or representatives are appropriate for a business setting and do not threaten the safety or health of anyone in the escrow agent's office.
(4) An escrow agent shall not require a consumer, as a condition of providing real estate settlement services, to obtain title insurance from a title insurance agent in which the escrow agent has a financial interest.
[ 2008 c 110 s 11.]

catchline: Financial interest in an escrow agent—Prohibited practices.


title: RCW 18.44.311

text:
(1) A licensed escrow agent may not directly or indirectly employ a person who will be handling escrow transactions who has been convicted of, or pled guilty or nolo contrendre to, a felony or a gross misdemeanor involving dishonesty within the last seven years.
(2) A licensed escrow agent may not directly or indirectly employ a person who receives money for trust accounts, disburses funds, or acts as a signatory on trust accounts if the person has shown a disregard in the management of his or her financial condition in the last three years.
(3) The director may adopt rules to implement this section.
[ 2010 c 34 s 4.]

catchline: Prohibited employment practices.


title: RCW 18.44.400

text:
(1) Every licensed escrow agent shall keep adequate records, as determined by rule by the director, of all transactions handled by or through the agent including itemization of all receipts and disbursements of each transaction. These records shall be maintained in this state, unless otherwise approved by the director, for a period of six years from completion of the transaction. These records shall be open to inspection by the director or the director's authorized representatives.
(2) Every licensed escrow agent shall keep separate escrow fund accounts as determined by rule by the director in recognized Washington state depositaries authorized to receive funds, in which shall be kept separate and apart and segregated from the agent's own funds, all funds or moneys of clients which are being held by the agent pending the closing of a transaction and such funds shall be deposited not later than the first banking day following receipt thereof.
(3) An escrow agent, unless exempted by *RCW 18.44.021(2), shall not make disbursements on any escrow account without first receiving deposits directly relating to the account in amounts at least equal to the disbursements. An escrow agent shall not make disbursements until the next business day after the business day on which the funds are deposited unless the deposit is made in cash, by interbank electronic transfer, or in a form that permits conversion of the deposit to cash on the same day the deposit is made. The deposits shall be in one of the following forms:
(a) Cash;
(b) Interbank electronic transfers such that the funds are unconditionally received by the escrow agent or the agent's depository;
(c) Checks, negotiable orders of withdrawal, money orders, cashier's checks, and certified checks that are payable in Washington state and drawn on financial institutions located in Washington state;
(d) Checks, negotiable orders of withdrawal, money orders, and any other item that has been finally paid as described in RCW 62A.4-213 before any disbursement; or
(e) Any depository check, including any cashier's check, certified check, or teller's check, which is governed by the provisions of the federal expedited funds availability act, 12 U.S.C. Sec. 4001 et seq.
(4) For purposes of this section, the word "item" means any instrument for the payment of money even though it is not negotiable, but does not include money.
(5) Violation of this section shall subject an escrow agent to penalties as prescribed in Title 9A RCW and remedies as provided in chapter 19.86 RCW and shall constitute grounds for suspension or revocation of the license of any licensed escrow agent or licensed escrow officer. In addition, an escrow agent who is required to be licensed under this chapter and who violates this section or an individual who is required to be licensed as an escrow officer under this chapter and who violates this section, may be subject to penalties as prescribed in RCW 18.44.430.
[ 1999 c 30 s 8; 1990 c 203 s 1; 1988 c 178 s 1; 1977 ex.s. c 156 s 6; 1965 c 153 s 7. Formerly RCW 18.44.070.]
Notes:
*Reviser's note: RCW 18.44.021 was amended by 2015 c 229 s 1, changing subsection (2) to subsection (1)(b).
Severability—1988 c 178: "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." [ 1988 c 178 s 4.]

catchline: Records and accounts—Segregation and disbursements of funds—Violation of section, penalties.


title: RCW 18.44.410

text:
(1) The director has the power and broad administrative discretion to administer and interpret this chapter to facilitate the delivery of services to citizens of this state by escrow agents and others subject to this chapter.
(2) The director may issue rules and regulations to govern the activities of licensed escrow agents and escrow officers. The director shall enforce all laws and rules relating to the licensing of escrow agents and escrow officers and fix the time and places for holding examinations of applicants for licenses and prescribe the method of conducting the examinations. The director may hold hearings and suspend or revoke the licenses of violators and may deny, suspend, or revoke the authority of an escrow officer to act as the designated escrow officer of a person who commits violations of this chapter or of the rules under this chapter.
Except as specifically provided in this chapter, the rules adopted and the hearings conducted shall be in accordance with the provisions of chapter 34.05 RCW, the administrative procedure act.
[ 1999 c 30 s 27; 1977 ex.s. c 156 s 25. Formerly RCW 18.44.320.]

catchline: Powers of director.


title: RCW 18.44.413

text:
Except to the extent prohibited by another statute, the director may engage in informal settlement of complaints or enforcement actions including, but not limited to, payment to the department for purposes of financial literacy and education programs authorized under RCW 43.320.150.
[ 2012 c 17 s 14.]

catchline: Informal settlement of complaints or enforcement actions.


title: RCW 18.44.420

text:
The director may:
(1) Make necessary public or private investigations within or outside of this state to determine whether any person has violated or is about to violate this chapter or any rule or order under this chapter, or to aid in the enforcement of this chapter or in the prescribing of rules and forms under this chapter; or
(2) Require or permit any person to file a statement in writing, under oath or otherwise as the director determines, as to all facts and circumstances concerning the matter to be investigated.
For the purpose of any investigation or proceeding under this chapter, the director or any officer designated by the director may administer oaths or affirmations, and upon his or her own motion or upon request of any party, may subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge or relevant facts, or any other matter reasonably calculated to lead to the discovery of material evidence.
Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the director may apply to the superior court for an order compelling compliance.
Except as otherwise provided in this chapter, all proceedings under this chapter shall be in accordance with the administrative procedure act, chapter 34.05 RCW.
[ 1999 c 30 s 23; 1977 ex.s. c 156 s 21. Formerly RCW 18.44.280.]

catchline: Investigation of violations—Procedure—Powers of director.


title: RCW 18.44.425

text:
(1) The director or authorized assistants may apply for and obtain a superior court order approving and authorizing a subpoena in advance of its issuance. The application may be made in the county where the subpoenaed person resides or is found, or the county where the subpoenaed documents, records, or evidence are located, or in Thurston county. The application must:
(a) State that an order is sought under this section;
(b) Adequately specify the documents, records, evidence, or testimony; and
(c) Include a declaration made under oath that an investigation is being conducted for a lawfully authorized purpose related to an investigation within the department's authority and that the subpoenaed documents, records, evidence, or testimony are reasonably related to an investigation within the department's authority.
(2) When an application under this section is made to the satisfaction of the court, the court must issue an order approving the subpoena. An order under this subsection constitutes authority of law for the agency to subpoena the documents, records, evidence, or testimony.
(3) The director or authorized assistants may seek approval and a court may issue an order under this section without prior notice to any person, including the person to whom the subpoena is directed and the person who is the subject of an investigation. An application for court approval is subject to the fee and process set forth in RCW 36.18.012(3).
[ 2011 c 93 s 2.]
Notes:
Finding—Intent—2011 c 93: "The legislature finds that in the case of State v. Miles, the state supreme court held that Article I, section 7 of the state Constitution requires judicial review of a subpoena under some circumstances. The legislature intends to provide a process for the department to apply for court approval of an agency investigative subpoena that is authorized under law in cases when the agency seeks approval, or when court approval is required by Article I, section 7 of the state Constitution. The legislature does not intend to require court approval except when otherwise required by law or Article I, section 7 of the state Constitution." [ 2011 c 93 s 1.]


title: RCW 18.44.430

text:
(1) The director may, upon notice to the escrow agent and to the insurer providing coverage under RCW 18.44.201, deny, suspend, decline to renew, or revoke the license of any escrow agent or escrow officer if the director finds that the applicant or any partner, officer, director, controlling person, or employee has committed any of the following acts or engaged in any of the following conduct:
(a) Obtaining a license by means of fraud, misrepresentation, concealment, or through the mistake or inadvertence of the director.
(b) Violating any of the provisions of this chapter or any lawful rules made by the director pursuant thereto.
(c) The commission of a crime against the laws of this or any other state or government, involving moral turpitude or dishonest dealings.
(d) Knowingly committing or being a party to, any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relying upon the word, representation, or conduct of the licensee or agent or any partner, officer, director, controlling person, or employee acts to his or her injury or damage.
(e) Conversion of any money, contract, deed, note, mortgage, or abstract or other evidence of title to his or her own use or to the use of his or her principal or of any other person, when delivered to him or her in trust or on condition, in violation of the trust or before the happening of the condition; and failure to return any money or contract, deed, note, mortgage, abstract, or other evidence of title within thirty days after the owner thereof is entitled thereto, and makes demand therefor, shall be prima facie evidence of such conversion.
(f) Failing, upon demand, to disclose any information within his or her knowledge to, or to produce any document, book, or record in his or her possession for inspection of, the director or his or her authorized representatives.
(g) Committing any act of fraudulent or dishonest dealing, and a certified copy of the final holding of any court of competent jurisdiction in such matter shall be conclusive evidence in any hearing under this chapter.
(h) Accepting, taking, or charging any undisclosed commission, rebate, or direct profit on expenditures made for the principal.
(i) Committing acts or engaging in conduct that demonstrates the applicant or licensee to be incompetent or untrustworthy, or a source of injury and loss to the public.
(2) Any conduct of an applicant or licensee that constitutes grounds for enforcement action under this chapter is sufficient regardless of whether the conduct took place within or outside of the state of Washington.
(3) In addition to or in lieu of a license suspension, revocation, or denial, the director may assess a fine of up to one hundred dollars per day for each violation of this chapter or rules adopted under this chapter and may remove and/or prohibit from participation in the conduct of the affairs of any licensed escrow agent, any officer, controlling person, director, employee, or licensed escrow officer. The statute of limitations on actions not subject to RCW 4.16.160 that are brought under this chapter by the director is five years.
(4) In addition to or in lieu of (a) a license suspension, revocation, or denial, or (b) fines payable to the department, the director may order an escrow agent, officer, controlling person, director, employee, or licensed escrow officer violating this chapter to make restitution to an injured consumer.
[ 2014 c 36 s 1; 2010 c 34 s 10; 1999 c 30 s 22; 1977 ex.s. c 156 s 16; 1971 ex.s. c 245 s 13. Formerly RCW 18.44.260.]

catchline: Actions against license—Grounds.


title: RCW 18.44.440

text:
If the director determines after notice and hearing that a person has:
(1) Violated any provision of this chapter; or
(2) Directly, or through an agent or employee, engaged in any false, unfair and deceptive, or misleading:
(a) Advertising or promotional activity; or
(b) Business practices; or
(3) Violated any lawful order or rule of the director; the director may issue an order requiring the person to cease and desist from the unlawful practice and to take such affirmative action as in the judgment of the director will carry out the purposes of this chapter.
If the director makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order, the director may issue a temporary cease and desist order. Every temporary cease and desist order shall include in its terms a provision that upon request a hearing will be held to determine whether or not the order becomes permanent.
[ 1999 c 30 s 19; 1977 ex.s. c 156 s 20. Formerly RCW 18.44.175.]

catchline: Violations—Cease and desist orders.


title: RCW 18.44.450

text:
(1) "Real property lender" as used in this section means a bank, savings bank, savings and loan association, credit union, mortgage company, or other corporation, association, or partnership that makes loans secured by real property located in this state.
(2) No real property lender, escrow agent, or officer or employee of any escrow agent or real property lender may give or agree to pay or give any money, service, or object of value to any real estate agent or broker, to any real property lender, or to any officer or employee of any agent, broker, or lender in return for the referral of any real estate escrow services. Nothing in this subsection prohibits the payment of fees or other compensation permitted under the federal Real Estate Settlement Procedures Act as amended (12 U.S.C. sections 2601 through 2617).
(3) The legislature finds that the practices governed by this subsection are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Any violation of this section is not reasonable in relation to the development and preservation of business and is an unfair and deceptive act or practice and an unfair method of competition in the conduct of trade or commerce in violation of RCW 19.86.020. Remedies provided by chapter 19.86 RCW are cumulative and not exclusive.
[ 2000 c 171 s 17; 1999 c 30 s 33; 1988 c 178 s 3. Formerly RCW 18.44.145.]
Notes:
Severability—1988 c 178: See note following RCW 18.44.400.

catchline: Referral fees prohibited—Consumer protection act—Application.


title: RCW 18.44.455

text:
(1) The director may immediately take possession of the property and business of a licensee whenever it appears to the director that, as a result of an examination, report, investigation, or complaint:
(a) The licensee is conducting its business in such an unsafe or unsound manner as to render its further operations hazardous to the public;
(b) The licensee has suspended payment of its trust obligations; or
(c) The licensee neglects or refuses to comply with any order of the director made pursuant to this chapter unless the enforcement of such an order is restrained in a proceeding brought by the licensee.
(2) The director may retain possession of the licensee's property and business until the licensee resumes business or its affairs are finally liquidated as provided in RCW 18.44.470. The licensee may only resume business upon those terms as the director may prescribe.
[ 2010 c 34 s 11.]

catchline: Possession of property and business—Grounds for director's authority.


title: RCW 18.44.457

text:
(1) During the time that the director retains possession of the property and business of a licensee, the director has the power and authority to conduct the licensee's business and take any action on behalf of the licensee to protect consumers, including but not limited to discontinuing any violations and unsafe or injurious practices, making good any deficiencies, and making claims against the licensee's fidelity bond, errors and omissions bond, or surety bond on behalf of the company.
(2) The director, the department, and its employees are not subject to liability for actions under this section and RCW 18.44.455 and no moneys from the department's fund may be required to be expended on behalf of the licensee or the licensee's clients, creditors, employees, shareholders, members, investors, or any other party or entity.
[ 2013 c 64 s 3; 2010 c 34 s 12.]

catchline: Possession of property and business—Scope of director's authority.


title: RCW 18.44.460

text:
The director shall suspend the license of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's license shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensing during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.
[ 1999 c 30 s 15; 1996 c 293 s 11. Formerly RCW 18.44.125.]

catchline: License suspension—Nonpayment or default on educational loan or scholarship.


title: RCW 18.44.465

text:
The revocation, suspension, surrender, or expiration of an escrow agent's license shall not impair or affect preexisting escrows accepted by the agent prior to such revocation, suspension, surrender, or expiration: PROVIDED, That the escrow agent shall within five workdays provide written notice to all principals of such preexisting escrows of the agent's loss of license. The notice shall include as a minimum the reason for the loss of license, the estimated date for completing the escrow, and the condition of the agent's bond and whether it is in effect or whether notice of cancellation has been given. The notice shall afford the principals the right to withdraw the escrow without monetary loss.
[ 1999 c 30 s 16; 1977 ex.s. c 156 s 9; 1965 c 153 s 13. Formerly RCW 18.44.130.]

catchline: Termination of license—Effect upon preexisting escrows—Notice to principals.


title: RCW 18.44.470

text:
Upon application by the director or any other interested party and upon a showing that the interest of the creditors so requires, the superior court may appoint a receiver to take over, operate, or liquidate any escrow office in this state.
[ 1971 ex.s. c 245 s 6. Formerly RCW 18.44.190.]

catchline: Receivership.


title: RCW 18.44.480

text:
Upon petition by the attorney general, the court may, in its discretion, order the dissolution, or suspension or forfeiture of franchise, of any corporation for repeated or flagrant violation of this chapter or the terms of any order of injunction hereunder.
[ 1965 c 153 s 18. Formerly RCW 18.44.170.]

catchline: Remedies—Affecting corporate franchise.


title: RCW 18.44.490

text:
(1) The director, through the attorney general, may prosecute an action in any court of competent jurisdiction to enforce any order made by him or her pursuant to this chapter and shall not be required to post a bond in any such court proceedings.
(2) If the director has cause to believe that any person has violated any penal provision of this chapter he or she may refer the violation to the attorney general or the prosecuting attorney of the county in which the offense was committed.
(3) Whenever the director has cause to believe that any person, required to be licensed by this chapter, is conducting business as an escrow agent without a valid license, or that any licensed escrow agent, directly or through an agent or employee, is engaged in any false, unfair and deceptive, or misleading advertising or promotional, activity or business practices, or is conducting business in a manner deemed unsafe or injurious to the public, or has violated, is violating, or is about to violate any of the provisions of this chapter, or a rule or order under this chapter, the director, through the attorney general, may bring an action in any court of competent jurisdiction to enjoin the person from continuing the violation or doing any action in furtherance thereof. Upon proper showing, injunctive relief or temporary restraining orders shall be granted by the court and a receiver or conservator may be appointed.
(4) The attorney general and the several prosecuting attorneys throughout the state may prosecute proceedings brought pursuant to this chapter upon notification of the director.
[ 1999 c 30 s 18; 1977 ex.s. c 156 s 10; 1965 c 153 s 17. Formerly RCW 18.44.160.]

catchline: Authority to prosecute—Grants of injunctive relief, temporary restraining orders.


title: RCW 18.44.500

text:
There is established a committee of the state of Washington, to consist of the director of financial institutions or his or her designee as chair, and five other members who shall act as advisors to the director as to the needs of the escrow profession, including but not limited to the design and conduct of tests to be administered to applicants for escrow licenses, the schedule of license fees to be applied to the escrow licensees, educational programs, audits and investigations of the escrow profession designed to protect the consumer, and such other matters determined appropriate. The director is hereby empowered to and shall appoint the other members, each of whom shall have been a resident of this state for at least five years and shall have at least five years experience in the practice of escrow as an escrow agent or as a person in responsible charge of escrow transactions.
Every member of the committee shall receive a certificate of appointment from the director and before beginning the member's term of office shall file with the secretary of state a written oath or affirmation for the faithful discharge of the member's official duties. On the expiration of the term of each member, the director shall appoint a successor to serve for a term of five years or until the member's successor has been appointed and qualified.
The director may remove any member of the committee for cause. Vacancies in the committee for any reason shall be filled by appointment for the unexpired term.
Members shall be compensated in accordance with RCW 43.03.240, and shall be reimbursed for their travel expenses incurred in carrying out the provisions of this chapter in accordance with RCW 43.03.050 and 43.03.060.
[ 2011 1st sp.s. c 21 s 50; 2011 c 336 s 484; 1995 c 238 s 3; 1985 c 340 s 3; 1984 c 287 s 36. Formerly RCW 18.44.208.]
Notes:
Reviser's note: This section was amended by 2011 c 336 s 484 and by 2011 1st sp.s. c 21 s 50, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
Effective date—1995 c 238: See note following RCW 18.44.011.
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.

catchline: Committee to advise director—Members—Compensation and travel expenses.


title: RCW 18.44.510

text:
The committee members shall each be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses as provided for state officials and employees in RCW 43.03.050 and 43.03.060, when called into session by the director or when otherwise engaged in the business of the committee.
[ 2011 1st sp.s. c 21 s 49; 1984 c 287 s 37; 1977 ex.s. c 156 s 29. Formerly RCW 18.44.215.]
Notes:
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.

catchline: Compensation and travel expenses of committee members.


title: RCW 18.44.901

text:
Nothing in this chapter shall be so construed as to authorize any escrow agent, or his or her employees or agents, to engage in the practice of law, and nothing in this chapter shall be so construed as to impose any additional liability on any depositary authorized by this chapter and the receipt or acquittance of the persons so paid by such depositary shall be a valid and sufficient release and discharge of such depositary.
[ 2011 c 336 s 485; 1965 c 153 s 20. Formerly RCW 18.44.900.]

catchline: Construction—1965 c 153.


title: RCW 18.44.902

text:
This chapter shall be known and cited as the "Escrow Agent Registration Act".
[ 1965 c 153 s 21. Formerly RCW 18.44.910.]

catchline: Short title.


title: RCW 18.46.005

text:
The purpose of this chapter is to provide for the development, establishment, and enforcement of standards for the maintenance and operation of birthing centers, which, in the light of advancing knowledge, will promote safe and adequate care and treatment of the individuals therein.
[ 2000 c 93 s 29; 1951 c 168 s 1.]

catchline: Purpose.


title: RCW 18.46.010

text:
(1) "Birthing center" or "childbirth center" means any health facility, not part of a hospital or in a hospital, that provides facilities and staff to support a birth service to low-risk maternity clients: PROVIDED, HOWEVER, That this chapter shall not apply to any hospital approved by the American College of Surgeons, American Osteopathic Association, or its successor.
(2) "Department" means the state department of health.
(3) "Immediate jeopardy" means a situation in which the birthing center's noncompliance with one or more statutory or regulatory requirements has placed the health and safety of patients in its care at risk for serious injury, serious harm, serious impairment, or death.
(4) "Low-risk" means normal, uncomplicated prenatal course as determined by adequate prenatal care and prospects for a normal uncomplicated birth as defined by reasonable and generally accepted criteria of maternal and fetal health.
(5) "Person" means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof.
[ 2024 c 121 s 1; 2000 c 93 s 30; 1991 c 3 s 100; 1985 c 213 s 8; 1979 c 141 s 32; 1951 c 168 s 2. Prior: 1943 c 214 s 1; Rem. Supp. 1943 s 6130-47.]
Notes:
Savings—Effective date—1985 c 213: See notes following RCW 43.20.050.

catchline: Definitions.


title: RCW 18.46.020

text:
After July 1, 1951, no person shall operate a birthing center in this state without a license under this chapter.
[ 2000 c 93 s 31; 1951 c 168 s 3. Prior: 1943 c 214 s 2; Rem. Supp. 1943 s 6130-48.]

catchline: License required.


title: RCW 18.46.030

text:
An application for license shall be made to the department upon forms provided by it and shall contain such information as the department reasonably requires, which may include affirmative evidence of ability to comply with rules and regulations as are lawfully prescribed hereunder. Each application for license or renewal of license shall be accompanied by a license fee as established by the department under RCW 43.20B.110: PROVIDED, That no fee shall be required of charitable or nonprofit or government-operated institutions.
[ 1987 c 75 s 4; 1982 c 201 s 5; 1951 c 168 s 4.]
Notes:
Savings—1987 c 75: See RCW 43.20B.900.

catchline: Application for license—Fee.


title: RCW 18.46.040

text:
Upon receipt of an application for a license and the license fee, the licensing agency shall issue a license if the applicant and the birthing center meet the requirements established under this chapter. A license, unless suspended or revoked, shall be renewable annually. Applications for renewal shall be on forms provided by the department and shall be filed in the department not less than ten days prior to its expiration. Each application for renewal shall be accompanied by a license fee as established by the department under RCW 43.20B.110. Each license shall be issued only for the premises and persons named in the application and shall not be transferable or assignable except with the written approval of the department. Licenses shall be posted in a conspicuous place on the licensed premises.
[ 2000 c 93 s 32; 1987 c 75 s 5; 1982 c 201 s 6; 1951 c 168 s 5. Prior: 1943 c 214 s 3; Rem. Supp. 1943 s 6130-49.]
Notes:
Savings—1987 c 75: See RCW 43.20B.900.


title: RCW 18.46.050

text:
(1) In any case in which the department finds that a birthing center has failed or refused to comply with the requirements of this chapter, the standards or rules adopted under this chapter, RCW 48.43.732, or other applicable state or federal statutes or rules regulating birthing centers, the department may take one or more of the actions identified in this section, except as otherwise limited in this section.
(a) When the department determines the birthing center has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule, or has been given any previous statement of deficiency that included the same or similar type of violation of the same or similar statute or rule, or when the birthing center failed to correct noncompliance with a statute or rule by a date established or agreed to by the department, the department may impose reasonable conditions on a license. Conditions may include correction within a specified amount of time, training, or hiring a department-approved consultant if the birthing center cannot demonstrate to the department that it has access to sufficient internal expertise. If the department determines that the violations constitute immediate jeopardy, the conditions may be imposed immediately in accordance with subsection (2) of this section.
(b) In accordance with the authority the department has under RCW 43.70.095, the department may assess a civil fine of up to $3,000 per violation on a birthing center licensed under this chapter when the department determines the birthing center has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule, or has been given any previous statement of deficiency that included the same or similar type of violation of the same or similar statute or rule, or when the birthing center failed to correct noncompliance with a statute or rule by a date established or agreed to by the department.
(i) Proceeds from these fines may only be used by the department to offset costs associated with licensing and enforcement of birthing centers.
(ii) The department shall adopt in rules under this chapter specific fine amounts in relation to the severity of the noncompliance and at an adequate level to be a deterrent to future noncompliance.
(iii) If a birthing center is aggrieved by the department's action of assessing civil fines, the licensee has the right to appeal under RCW 43.70.095.
(c) The department may suspend a specific category or categories of services or care or birthing rooms within the birthing center as related to the violation by imposing a limited stop service. This may only be done if the department finds that noncompliance results in immediate jeopardy.
(i) Prior to imposing a limited stop service, the department shall provide a birthing center written notification upon identifying deficient practices or conditions that constitute an immediate jeopardy. The birthing center shall have 24 hours from notification to develop and implement a department-approved plan to correct the deficient practices or conditions that constitute an immediate jeopardy. If the deficient practices or conditions that constitute immediate jeopardy are not verified by the department as having been corrected within the same 24-hour period, the department may issue the limited stop service.
(ii) When the department imposes a limited stop service, the birthing center may not provide the services in the category or categories subject to the limited stop service to any new or existing patients, unless otherwise allowed by the department, until the limited stop service is terminated.
(iii) The department shall conduct a follow-up inspection within five business days or within the time period requested by the birthing center if more than five business days is needed to verify the violation necessitating the limited stop service has been corrected.
(iv) The limited stop service shall be terminated when:
(A) The department verifies the violation necessitating the limited stop service has been corrected or the department determines that the birthing center has taken intermediate action to address the immediate jeopardy; and
(B) The birthing center establishes the ability to maintain correction of the violation previously found deficient.
(d) The department may suspend new admissions to the birthing center by imposing a stop placement. This may only be done if the department finds that noncompliance results in immediate jeopardy and is not confined to a specific category or categories of patients or a specific area of the birthing center.
(i) Prior to imposing a stop placement, the department shall provide a birthing center written notification upon identifying deficient practices or conditions that constitute an immediate jeopardy. The birthing center shall have 24 hours from notification to develop and implement a department-approved plan to correct the deficient practices or conditions that constitute an immediate jeopardy. If the deficient practices or conditions that constitute immediate jeopardy are not verified by the department as having been corrected within the same 24-hour period, the department may issue the stop placement.
(ii) When the department imposes a stop placement, the birthing center may not admit any new patients until the stop placement is terminated.
(iii) The department shall conduct a follow-up inspection within five business days or within the time period requested by the birthing center if more than five business days is needed to verify the violation necessitating the stop placement has been corrected.
(iv) The stop placement shall be terminated when:
(A) The department verifies the violation necessitating the stop placement has been corrected or the department determines that the birthing center has taken intermediate action to address the immediate jeopardy; and
(B) The birthing center establishes the ability to maintain correction of the violation previously found deficient.
(e) The department may deny an application for a license or suspend, revoke, or refuse to renew a license.
(2) Except as otherwise provided, RCW 43.70.115 governs notice of actions taken by the department under subsection (1) of this section and provides the right to an adjudicative proceeding. Adjudicative proceedings and hearings under this section are governed by the administrative procedure act, chapter 34.05 RCW. The application for an adjudicative proceeding must be in writing, state the basis for contesting the adverse action, include a copy of the department's notice, be served on and received by the department within 28 days of the birthing center's receipt of the adverse notice, and be served in a manner that shows proof of receipt.
(3) When the department determines a licensee's noncompliance results in immediate jeopardy, the department may make the imposition of conditions on a licensee, a limited stop service, stop placement, or the suspension of a license effective immediately upon receipt of the notice by the licensee, pending any adjudicative proceeding.
(a) When the department makes the suspension of a license or imposition of conditions on a license effective immediately, a licensee is entitled to a show cause hearing before a presiding officer within 14 days of making the request. The licensee must request the show cause hearing within 28 days of receipt of the notice of immediate suspension or immediate imposition of conditions. At the show cause hearing the department has the burden of demonstrating that more probably than not there is an immediate jeopardy.
(b) At the show cause hearing, the presiding officer may consider the notice and documents supporting the immediate suspension or immediate imposition of conditions and the licensee's response and shall provide the parties with an opportunity to provide documentary evidence and written testimony, and to be represented by counsel. Prior to the show cause hearing, the department shall provide the licensee with all documentation that supports the department's immediate suspension or imposition of conditions.
(c) If the presiding officer determines there is no immediate jeopardy, the presiding officer may overturn the immediate suspension or immediate imposition of conditions.
(d) If the presiding officer determines there is immediate jeopardy, the immediate suspension or immediate imposition of conditions shall remain in effect pending a full hearing.
(e) If the presiding officer sustains the immediate suspension or immediate imposition of conditions, the licensee may request an expedited full hearing on the merits of the department's action. A full hearing must be provided within 90 days of the licensee's request.
(4) When the department determines an alleged violation, if true, would constitute an immediate jeopardy, and the licensee fails to cooperate with the department's investigation of such an alleged violation, the department may impose an immediate stop placement, immediate limited stop service, immediate imposition of conditions, or immediate suspension.
(a) When the department imposes an immediate stop placement, immediate limited stop service, immediate imposition of conditions, or immediate suspension for failure to cooperate, a licensee is entitled to a show cause hearing before a presiding officer within 14 days of making the request. The licensee must request the show cause hearing within 28 days of receipt of the notice of an immediate stop placement, immediate limited stop service, immediate imposition of conditions, or immediate suspension for failure to cooperate. At the show cause hearing the department has the burden of demonstrating that more probably than not the alleged violation, if true, would constitute an immediate jeopardy and the licensee failed to cooperate with the department's investigation.
(b) At the show cause hearing, the presiding officer may consider the notice and documents supporting the immediate stop placement, immediate limited stop service, immediate imposition of conditions, or immediate suspension for failure to cooperate, and the licensee's response and shall provide the parties with an opportunity to provide documentary evidence and written testimony, and to be represented by counsel. Prior to the show cause hearing, the department shall provide the licensee with all documentation that supports the department's immediate action for failure to cooperate.
(c) If the presiding officer determines the alleged violation, if true, does not constitute an immediate jeopardy or determines that the licensee cooperated with the department's investigation, the presiding officer may overturn the immediate action for failure to cooperate.
(d) If the presiding officer determines the allegation, if true, would constitute an immediate jeopardy and the licensee failed to cooperate with the department's investigation, the immediate action for failure to cooperate shall remain in effect pending a full hearing.
(e) If the presiding officer sustains the immediate action for failure to cooperate, the licensee may request an expedited full hearing on the merits of the department's action. A full hearing must be provided within 90 days of the licensee's request.
[ 2025 c 389 s 8; 2024 c 121 s 2; 1997 c 58 s 823; 1991 c 3 s 101; 1989 c 175 s 63; 1985 c 213 s 9; 1951 c 168 s 6.]
Notes:
Finding—Intent—2025 c 389: See note following RCW 48.43.732.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.
Effective date—1989 c 175: See note following RCW 34.05.010.
Savings—Effective date—1985 c 213: See notes following RCW 43.20.050.

catchline: Actions against license—Notice.


title: RCW 18.46.056

text:
(1) The department may give written notice to cease and desist to any person whom the department has reason to believe is engaged in the unlicensed operation of a birthing center.
(2)(a) Except as otherwise provided in this section, the requirement to cease and desist unlicensed operation is effective 20 days after the person receives the notice.
(b) The department may make the date the action is effective sooner than 20 days after receipt when necessary to protect the public health, safety, or welfare. When the department does so, it shall state the effective date and the reasons supporting the effective date in the written notice to cease and desist.
(3) The person to whom the notice to cease and desist is issued may request an adjudicative proceeding to contest the notice. The adjudicative proceeding is governed by the administrative procedure act, chapter 34.05 RCW. The request for an adjudicative proceeding must be in writing, state the basis for contesting the notice, include a copy of the notice, and be served on and received by the department within 20 days from the date the person receives the notice to cease and desist.
(4)(a) If the department gives a person 20 days' notice to cease and desist and the person requests an adjudicative proceeding before its effective date, the department shall not implement the notice until the final order has been entered. The presiding or reviewing officer may permit the department to implement part or all of the notice while the proceedings are pending if the respondent causes an unreasonable delay in the proceeding, if the circumstances change so that implementation is in the public interest, or for other good cause.
(b) If the department gives a licensee less than 20 days' notice to cease and desist and the respondent timely files a request for an adjudicative proceeding, the department may implement the cease and desist on the effective date stated in the notice. The presiding or reviewing officer may order the department to stay implementation of part or all of the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good cause.
(5) The department may assess a civil fine not exceeding $5,000 for each day a person operates a birthing center without a valid license.
(a) The department shall give written notice to the person against whom it assesses a civil fine.
(b) Except as otherwise provided in (c) and (d) of this subsection, the civil fine is due and payable 20 days after receipt.
(c) The person against whom the department assesses a civil fine has the right to request an adjudicative proceeding. The proceeding is governed by the administrative procedure act, chapter 34.05 RCW. The request must be in writing, state the basis for contesting the fine, include a copy of the notice, be served on and received by the department within 20 days of the person receiving the notice of civil fine, and be served in a manner which shows proof of receipt.
(d) If the person files a timely and sufficient request for adjudicative proceeding, the department shall not implement the fine until the final order has been served.
(6) Neither the issuance of a cease and desist order nor payment of a civil fine shall relieve the person so operating a birthing center without a license from criminal prosecution, but the remedy of a cease and desist order or civil fine shall be in addition to any criminal liability. A final notice to cease and desist is conclusive proof of unlicensed operation and may be enforced under RCW 7.21.060. This method of enforcement of the final notice to cease and desist 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.
[ 2024 c 121 s 3.]

catchline: Cease and desist notices—Adjudicative proceedings—Penalties.


title: RCW 18.46.060

text:
The department, after consultation with representatives of birthing center operators, state medical association, Washington Osteopathic Association, state nurses association, state hospital association, state midwives association, and any other representatives as the department may deem necessary, shall adopt, amend, and promulgate such rules and regulations with respect to all birthing centers in the promotion of safe and adequate medical and nursing care in the birthing center and the sanitary, hygienic, and safe condition of the birthing center in the interest of the health, safety, and welfare of the people.
[ 2000 c 93 s 33; 1985 c 213 s 10; 1951 c 168 s 7.]
Notes:
Savings—Effective date—1985 c 213: See notes following RCW 43.20.050.

catchline: Rules.


title: RCW 18.46.070

text:
Any birthing center which is in operation at the time of promulgation of any applicable rules or regulations under this chapter shall be given a reasonable time, under the particular circumstances, not to exceed three months from the date of such promulgation, to comply with the rules and regulations established under this chapter.
[ 2000 c 93 s 34; 1951 c 168 s 8.]

catchline: Rules—Time for compliance.


title: RCW 18.46.080

text:
(1) The department shall make or cause to be made an inspection and investigation of all birthing centers, and every inspection may include an inspection of every part of the premises. The department may make an examination of all records, methods of administration, the general and special dietary and the stores and methods of supply. The department may prescribe by regulation that any licensee or applicant desiring to make specified types of alteration or addition to its facilities or to construct new facilities shall before commencing such alterations, addition, or new construction submit plans and specifications therefor to the department for preliminary inspection and approval or recommendations with respect to compliance with regulations and standards herein authorized. Necessary conferences and consultations may be provided.
(2)(a) A birthing center that is accredited by a birthing center accrediting body is not subject to a state licensure survey if:
(i) The department determines that the applicable survey standards of the accrediting body are substantially equivalent to those of this chapter and adopted by the department;
(ii) An on-site survey has been conducted for the purposes of accreditation during the previous 36 months; and
(iii) The department receives directly from the accrediting body or from the applicant copies of the latest survey report and other relevant reports or findings that indicate compliance with licensure requirements.
(b) The department retains authority to survey those service areas not addressed by the accrediting body, if any.
(c) In reviewing the birthing center accrediting body's survey standards for substantial equivalency to those set forth in this chapter or adopted by the department in rule, the department is directed to provide the most liberal interpretation consistent with the intent of this chapter. In the event the department determines at any time that the survey standards are not substantially equivalent to those required by this chapter or adopted by the department in rule, the department is directed to notify the affected licensees. The notification must contain a detailed description of the deficiencies in the alternative survey process, as well as an explanation concerning the risk to the consumer. The determination of substantial equivalency for alternative survey process and lack of substantial equivalency are agency actions and subject to RCW 34.05.210 through 34.05.395 and 34.05.510 through 34.05.675.
(d) The department is authorized to perform a validation survey on applicants who previously received a survey through the accreditation process by the accrediting body. The department is authorized to perform a validation survey on no greater than 10 percent of applicants that are accredited by the accrediting body.
(e) This subsection (2) does not affect the department's initial licensing process or enforcement authority for licensed birthing centers.
[ 2025 c 69 s 1; 2000 c 93 s 35; 1951 c 168 s 9. Prior: 1943 c 214 s 4; Rem. Supp. 1943 s 6130-50.]

catchline: Inspections—Approval of new facilities—State licensure survey.


title: RCW 18.46.090

text:
All information received by the department through filed reports, inspection, or as otherwise authorized under this chapter shall not be disclosed publicly in any manner as to identify individuals or birthing centers except in a proceeding involving the question of licensure.
[ 2000 c 93 s 36; 1951 c 168 s 10.]

catchline: Information confidential.


title: RCW 18.46.110

text:
Fire protection with respect to all birthing centers to be licensed hereunder, shall be the responsibility of the chief of the Washington state patrol, through the director of fire protection, who shall adopt by reference, such recognized standards as may be applicable to nursing homes, places of refuge, and birthing centers for the protection of life against the cause and spread of fire and fire hazards. The department upon receipt of an application for a license, shall submit to the chief of the Washington state patrol, through the director of fire protection, in writing, a request for an inspection, giving the applicant's name and the location of the premises to be licensed. Upon receipt of such a request, the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, shall make an inspection of the birthing center to be licensed, and if it is found that the premises do not comply with the required safety standards and fire regulations as promulgated by the chief of the Washington state patrol, through the director of fire protection, he or she shall promptly make a written report to the department as to the manner in which the premises may qualify for a license and set forth the conditions to be remedied with respect to fire regulations. The department, applicant or licensee shall notify the chief of the Washington state patrol, through the director of fire protection, upon completion of any requirements made by him or her, and the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, shall make a reinspection of such premises. Whenever the birthing center to be licensed meets with the approval of the chief of the Washington state patrol, through the director of fire protection, he or she shall submit to the department, a written report approving same with respect to fire protection before a license can be issued. The chief of the Washington state patrol, through the director of fire protection, shall make or cause to be made such inspection of such birthing centers as he or she deems necessary.
In cities which have in force a comprehensive building code, the regulation of which is equal to the minimum standards of the code for birthing centers adopted by the chief of the Washington state patrol, through the director of fire protection, the building inspector and the chief of the fire department, provided the latter is a paid chief of a paid fire department, shall make the inspection and shall approve the premises before a license can be issued.
In cities where such building codes are in force, the chief of the Washington state patrol, through the director of fire protection, may, upon request by the chief fire official, or the local governing body, or of a taxpayer of such city, assist in the enforcement of any such code pertaining to birthing centers.
[ 2000 c 93 s 37; 1995 c 369 s 5; 1986 c 266 s 82; 1951 c 168 s 12.]
Notes:
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
State fire protection: Chapter 43.44 RCW.

catchline: Fire protection—Duties of chief of the Washington state patrol.


title: RCW 18.46.120

text:
Any person operating or maintaining any birthing center without a license under this chapter shall be guilty of a misdemeanor. Each day of a continuing violation after conviction shall be considered a separate offense.
[ 2000 c 93 s 38; 1951 c 168 s 13.]

catchline: Operating without license—Penalty.


title: RCW 18.46.130

text:
(1) Notwithstanding the existence or use of any other remedy, the department may in the manner provided by law, upon the advice of the attorney general who shall represent the department in all proceedings, maintain an action in the name of the state for an injunction or other process against any person to restrain or prevent the advertisement, operation, maintenance, management, or opening of a birthing center not licensed under this chapter.
(2) The injunction shall not relieve the person operating a birth center without a license from criminal prosecution, or the imposition of a civil fine under RCW 18.46.056, but the remedy by injunction shall be in addition to any criminal liability or civil fine. A person that violates an injunction issued under this chapter shall pay a civil penalty, as determined by the court, of not more than $25,000, which shall be deposited in the department's local fee 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. All fines, forfeitures, and penalties collected or assessed by a court because of a violation of RCW 18.46.020 shall be deposited in the department's local fee account.
[ 2024 c 121 s 4; 2000 c 93 s 39; 1951 c 168 s 14.]
Notes:
Injunctions: Chapter 7.40 RCW.

catchline: Operating without license—Injunction.


title: RCW 18.46.140

text:
Nothing in this chapter or the rules and regulations adopted pursuant thereto shall be construed as authorizing the supervision, regulation, or control of the remedial and nursing care of patients in any birthing center as defined in this chapter, conducted for or by members of a recognized religious sect, denomination, or organization which in accordance with its creed, tenets, or principles depends for healing upon prayer in the practice of religion, nor shall the existence of any of the above conditions militate against the licensing of such facility.
[ 2000 c 93 s 40; 1951 c 168 s 15.]

catchline: Application of chapter to birthing centers operated by certain religious organizations.


title: RCW 18.46.150

text:
A birthing center that provides a parent with a positive prenatal or postnatal diagnosis of Down syndrome shall provide the parent with the information prepared by the department under RCW 43.70.738 at the time the birthing center provides the parent with the Down syndrome diagnosis.
[ 2016 c 70 s 10.]

catchline: Down syndrome—Parent information.


title: RCW 18.47.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of health.
(2) "Birth doula" means a person that is a nonmedical birth coach or support person trained to provide physical, emotional, and informational support to birthing persons during pregnancy, antepartum, labor, birth, and the postpartum period. Birth doulas advocate for and support birthing people and families to self-advocate by helping them to know their rights and make informed decisions. Birth doulas do not provide medical care.
(3) "Postpartum period" means the 12-month period beginning on the last day of the pregnancy.
(4) "Secretary" means the secretary of health.
[ 2022 c 217 s 1.]
Notes:
Effective date—2022 c 217 ss 1-5: "Sections 1 through 5 of this act take effect October 1, 2023." [ 2022 c 217 s 8.]


title: RCW 18.47.020

text:
(1) A birth doula may voluntarily apply for certification from the department under this section.
(2) The department shall issue a certification to any applicant who has met the following requirements:
(a) Submitted a completed application as required by the department;
(b) Satisfactorily completed competencies that meet the requirements established by the secretary;
(c) Has not engaged in unprofessional conduct as defined in RCW 18.130.180;
(d) Is not currently subject to any disciplinary proceedings; and
(e) Paid a certification fee established by the secretary in rule.
(3) The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of certifications and the discipline of certified birth doulas under this chapter.
[ 2022 c 217 s 2.]
Notes:
Effective date—2022 c 217 ss 1-5: See note following RCW 18.47.010.

catchline: Certification requirements.


title: RCW 18.47.030

text:
(1) The secretary shall:
(a) In collaboration with community partners who advance equitable access to improve perinatal outcomes and care through holistic services for black and brown communities, adopt rules establishing the competency-based requirements that a birth doula must meet to obtain certification. The rules must establish processes that allow for applicants to meet the competency-based requirements through the following pathways:
(i) Successful completion of training and education programs approved by the secretary; and
(ii) Submission of proof of successful completion of culturally congruent ancestral practices, training, and education that the secretary must review and determine whether the training and education meet the competency-based requirements;
(b) Establish certification and renewal fees, administrative procedures, continuing education, administrative requirements, and forms necessary to implement this chapter in accordance with RCW 43.70.250 and 43.70.280;
(c) Maintain a record of all applicants and certifications under this chapter; and
(d) Hire clerical, administrative, and investigative staff as needed to implement and administer this chapter.
(2) All fees collected under this chapter must be credited to the health professions account as required under RCW 43.70.320.
[ 2022 c 217 s 3.]
Notes:
Effective date—2022 c 217 ss 1-5: See note following RCW 18.47.010.


title: RCW 18.47.040

text:
(1) Nothing in this chapter prohibits a person from practicing as a birth doula without obtaining certification under this chapter.
(2) No person may use the title "state-certified birth doula" in connection with the person's name to indicate or imply, directly or indirectly, that the person is a state-certified birth doula without being certified in accordance with this chapter as a birth doula.
[ 2022 c 217 s 4.]
Notes:
Effective date—2022 c 217 ss 1-5: See note following RCW 18.47.010.

catchline: Birth doula without certification—Permitted.


title: RCW 18.47.800

text:
The secretary may adopt any rules necessary to implement this chapter.
[ 2022 c 217 s 6.]


title: RCW 18.50.005

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
(1) "*Advanced registered nurse practitioner" means an *advanced registered nurse practitioner licensed under chapter 18.79 RCW.
(2) "Department" means the department of health.
(3) "Secretary" means the secretary of health.
(4) "Midwife" means a midwife licensed under this chapter.
(5) "Naturopath" means a naturopath licensed under chapter 18.36A RCW.
(6) "Physician" means a physician licensed under chapter 18.57 or 18.71 RCW.
(7) "Physician assistant" means a physician assistant licensed under chapter 18.71A RCW.
[ 2022 c 289 s 1; 1991 c 3 s 102; 1987 c 467 s 1; 1981 c 53 s 2.]
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—1981 c 53: "Sections 1, 2, 5, 6, 8, 9, 10, 11, and 13 through 17 of this act shall take effect January 15, 1982." [ 1981 c 53 s 19.]
PDF
RCW 18.50.005
Definitions. (Effective June 30, 2027.)
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
(1) "Advanced practice registered nurse" means an advanced practice registered nurse licensed under chapter 18.79 RCW.
(2) "Department" means the department of health.
(3) "Secretary" means the secretary of health.
(4) "Midwife" means a midwife licensed under this chapter.
(5) "Naturopath" means a naturopath licensed under chapter 18.36A RCW.
(6) "Physician" means a physician licensed under chapter 18.57 or 18.71 RCW.
(7) "Physician assistant" means a physician assistant licensed under chapter 18.71A RCW.
[ 2025 c 58 s 5071; 2022 c 289 s 1; 1991 c 3 s 102; 1987 c 467 s 1; 1981 c 53 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.
Effective date—1981 c 53: "Sections 1, 2, 5, 6, 8, 9, 10, 11, and 13 through 17 of this act shall take effect January 15, 1982." [ 1981 c 53 s 19.]

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


title: RCW 18.50.010

text:
Any person shall be regarded as practicing midwifery within the meaning of this chapter who shall render medical aid for a fee or compensation to individuals during prenatal, intrapartum, and postpartum stages or to the individual's newborn up to two weeks of age or who shall advertise as a midwife by signs, printed cards, or otherwise. Nothing shall be construed in this chapter to prohibit gratuitous services. It shall be the duty of a midwife to consult with a physician whenever there are significant deviations from normal in either the gestational parent or the newborn.
[ 2022 c 289 s 2; 2014 c 187 s 1; 1991 c 3 s 103; 1987 c 467 s 2; 1981 c 53 s 5; 1917 c 160 s 8; RRS s 10181. Formerly RCW 18.50.010, 18.50.030, part, and 18.50.090.]
Notes:
Effective date—1981 c 53: See note following RCW 18.50.005.

catchline: Practicing midwifery defined—Gratuitous services—Duty to consult with physician.


title: RCW 18.50.020

text:
Any person who shall practice midwifery in this state after July 1, 1917, shall first obtain from the secretary a license so to do, and the said secretary is authorized to grant such license after examination of the applicant as hereinafter provided.
[ 1991 c 3 s 104; 1917 c 160 s 1; RRS s 10174.]

catchline: License required.


title: RCW 18.50.030

text:
This chapter shall not be construed to interfere in any way with the practice of religion, nor be held to apply to or regulate any kind of treatment by prayer.
[ 1917 c 160 s 12; RRS s 10185. FORMER PART OF SECTION: 1917 c 160 s 8, part; RRS s 10181, part, now codified in RCW 18.50.010.]
Notes:
Gratuitous services exempted: RCW 18.50.010.

catchline: Exemptions—Practice of religion—Treatment by prayer.


title: RCW 18.50.032

text:
Registered nurses and nurse midwives certified by the state board of nursing under chapter 18.79 RCW shall be exempt from the requirements and provisions of this chapter.
[ 2025 c 58 s 5002; 1994 sp.s. c 9 s 704; 1981 c 53 s 10.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—1981 c 53: See note following RCW 18.50.005.

catchline: Exemptions—Registered nurses and nurse midwives.


title: RCW 18.50.034

text:
Nothing in this chapter shall be construed to apply to or interfere in any way with the practice of midwifery by a person who is enrolled in a program of midwifery approved and accredited by the secretary: PROVIDED, That the performance of such services is only pursuant to a regular course of instruction or assignment from the student's instructor, and that such services are performed only under the supervision and control of a person licensed in the state of Washington to perform services encompassed under this chapter.
[ 1991 c 3 s 105; 1981 c 53 s 11.]
Notes:
Effective date—1981 c 53: See note following RCW 18.50.005.

catchline: Exemptions—Persons enrolled in midwifery programs.


title: RCW 18.50.040

text:
(1) Any person seeking to be examined shall present to the secretary, at least 45 days before the commencement of the examination, 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 the candidate has received a high school degree or its equivalent; that the candidate is 21 years of age or older; that the candidate has received a certificate or diploma from a midwifery program accredited by the secretary and licensed under chapter 28C.10 RCW, when applicable, or a certificate or diploma in a foreign institution on midwifery of equal requirements conferring the full right to practice midwifery in the country in which it was issued. The diploma must bear the seal of the institution from which the applicant graduated. Foreign candidates must present with the application a translation of the foreign certificate or diploma.
(2) The candidate shall meet the following conditions:
(a) Obtaining a minimum period of midwifery training for at least three years including the study of the basic nursing skills that the department shall prescribe by rule. However, if the applicant is a registered nurse or licensed practical nurse under chapter 18.79 RCW, or has had previous nursing education or practical midwifery experience, the required period of training may be reduced depending upon the extent of the candidate's qualifications as determined under rules adopted by the department. In no case shall the training be reduced to a period of less than two years.
(b) Meeting minimum educational requirements which shall include studying midwifery; obstetrics; neonatal pediatrics; basic sciences; reproductive anatomy and physiology; behavioral sciences; childbirth education; community care; obstetrical pharmacology; epidemiology; gynecology; family planning; genetics; embryology; neonatology; the medical and legal aspects of midwifery; nutrition during pregnancy and lactation; lactation; nursing skills, including but not limited to injections, administering intravenous fluids, catheterization, and aseptic technique; and such other requirements prescribed by rule.
(c) For a student midwife during training, undertaking the care of not less than 50 individuals in each of the prenatal, intrapartum, and early postpartum periods, but the same individuals need not be seen through all three periods. A student midwife may be issued a permit upon the satisfactory completion of the requirements in (a), (b), and (c) of this subsection and the satisfactory completion of the licensure examination required by RCW 18.50.060. The permit permits the student midwife to practice under the supervision of a midwife licensed under this chapter, a physician, or a certified nurse-midwife licensed under the authority of chapter 18.79 RCW. The permit shall expire within one year of issuance and may be extended as provided by rule.
(d) Observing an additional 50 individuals in the intrapartum period before the candidate qualifies for a license.
(e) For candidates seeking a limited prescriptive license extension, completion of additional study and training requirements as prescribed by the department, in collaboration with the Washington medical commission and the midwifery advisory committee, in rule. Such rules shall provide requirements for:
(i) The number of additional obstetrical pharmacology training hours consistent with the training hours required for other similar prescribers; and
(ii) Additional training consistent with guidelines commensurate with other professions providing family planning and treating common prenatal and postpartum conditions and any other relevant sources.
(f) For candidates seeking a licensing extension to include medical devices and implants, completion of the requirements listed in (e) of this subsection and additional study and training requirements as prescribed by the department, in collaboration with the Washington medical commission and the midwifery advisory committee, in rule. Such rules shall provide requirements for:
(i) The minimum number of completed procedures under supervision;
(ii) Completing trainings as required by the device manufacturers or an equivalent; and
(iii) Additional training consistent with guidelines commensurate with other professions providing family planning and treating common prenatal and postpartum conditions and any other relevant sources.
(g) The license extensions referenced in (e) and (f) of this subsection do not apply to newborn care.
(3) Notwithstanding subsections (1) and (2) of this section, the department shall adopt rules to provide credit toward the educational requirements for licensure before July 1, 1988, of midwives who are not licensed in Washington, including rules to provide:
(a) Credit toward licensure for documented deliveries;
(b) The substitution of relevant experience for classroom time; and
(c) That experienced lay midwives may sit for the licensing examination without completing the required coursework.
The training required under this section shall include training in any birth setting with particular emphasis on learning the ability to differentiate between low-risk and high-risk pregnancies.
[ 2022 c 289 s 3; 1994 sp.s. c 9 s 705; 1991 c 3 s 106; 1987 c 467 s 3; 1986 c 299 s 24; 1981 c 53 s 6; 1917 c 160 s 2; RRS s 10175.]
Notes:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—1986 c 299: See RCW 28C.10.902.
Effective date—1981 c 53: See note following RCW 18.50.005.

catchline: Candidates for examination—Application—Eligibility—Student midwife permits—License extensions.


title: RCW 18.50.045

text:
The secretary shall promulgate standards by rule under chapter 34.05 RCW for accrediting midwifery educational programs. The standards shall cover the provision of adequate clinical and didactic instruction in all subjects and noncurriculum matters under this section including, but not limited to, staffing and teacher qualifications. In developing the standards, the secretary shall be advised by and receive the recommendations of the midwifery advisory committee.
[ 1991 c 3 s 107; 1981 c 53 s 7.]


title: RCW 18.50.050

text:
Applicants shall comply with administrative procedures, administrative requirements, and fees determined by the secretary as provided by RCW 43.70.250 and 43.70.280.
[ 1996 c 191 s 24; 1991 c 3 s 108; 1985 c 7 s 48; 1975 1st ex.s. c 30 s 51; 1917 c 160 s 3; RRS s 10176.]
Notes:
Limitation on increases in midwifery fees: RCW 43.24.086.

catchline: Compliance with secretary's determination.


title: RCW 18.50.060

text:
(1) The secretary is hereby authorized and empowered to execute the provisions of this chapter and shall offer examinations in midwifery at least twice a year at such times and places as the secretary may select. The examinations shall be written and shall be in the English language.
(2) The secretary, with the assistance of the midwifery advisory committee, shall develop or approve a licensure examination in the subjects that the secretary determines are within the scope of and commensurate with the work performed by a licensed midwife. The examination shall be sufficient to test the scientific and practical fitness of candidates to practice midwifery. All application papers shall be deposited with the secretary and there retained for at least one year, when they may be destroyed.
(3) If the examination is satisfactorily completed, the secretary shall issue to such candidate a license entitling the candidate to practice midwifery in the state of Washington.
[ 1991 c 3 s 109; 1987 c 467 s 4; 1981 c 53 s 8; 1979 c 158 s 43; 1917 c 160 s 4; RRS s 10177.]
Notes:
Effective date—1981 c 53: See note following RCW 18.50.005.

catchline: Examinations—Times and places—Subjects—Issuance of license.


title: RCW 18.50.065

text:
(1) An applicant holding a credential in another state may be credentialed to practice in this state without examination if the secretary determines that the other state's credentialing standards are substantially equivalent to the standards in this state.
(2) The secretary shall write rules to bridge the gap between requirements of national certification of certified professional midwives and state requirements for licensure for licensed midwives.
[ 2014 c 187 s 2; 1991 c 332 s 32.]
Notes:
Application to scope of practice—Captions not law—1991 c 332: See notes following RCW 18.130.010.

catchline: Credentialing by endorsement.


title: RCW 18.50.102

text:
(1) A licensed midwife must renew the individual's license according to the following requirements:
(a) Completion of a minimum of 30 hours of continuing education, approved by the secretary, every three years;
(b) Proof of participation in a Washington state coordinated quality improvement program as detailed in rule;
(c) Proof of participation in data submission on perinatal outcomes to a national or state research organization, as detailed in rule; and
(d) Fees determined by the secretary as provided in RCW 43.70.250 and 43.70.280.
(2) The secretary shall write rules regarding the renewal requirements and the department's process for verification of the third-party data submission.
[ 2022 c 289 s 4; 2014 c 187 s 3; 1996 c 191 s 25; 1991 c 3 s 110; 1985 c 7 s 49; 1981 c 53 s 13.]
Notes:
Effective date—1981 c 53: See note following RCW 18.50.005.
Limitation on increases in midwifery fees: RCW 43.24.086.

catchline: License renewal.


title: RCW 18.50.105

text:
The secretary, with the advice of the midwifery advisory committee, shall develop a form to be used by a midwife to inform the patient of the qualifications of a licensed midwife.
[ 1991 c 3 s 111; 1981 c 53 s 12.]

catchline: Inform patient of qualifications of midwife—Form.


title: RCW 18.50.108

text:
Every licensed midwife shall develop a written plan for consultation with other health care providers, emergency transfer, transport of an infant to a newborn nursery or neonatal intensive care nursery, and transport of an individual to an appropriate obstetrical department or patient care area. The written plan shall be submitted annually together with the license renewal fee to the department.
[ 2022 c 289 s 5; 1981 c 53 s 14.]
Notes:
Effective date—1981 c 53: See note following RCW 18.50.005.

catchline: Written plan for consultation, emergency transfer, and transport.