title: RCW 18.35A.080

text:
(1) The compact member states hereby create and establish a joint public agency known as the audiology and speech-language pathology compact commission:
(a) The commission is an instrumentality of the compact states.
(b) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
(c) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(2)(a) Each member state shall have two delegates selected by that member state's licensing board. The delegates shall be current members of the licensing board. One shall be an audiologist and one shall be a speech-language pathologist.
(b) An additional five delegates, who are either a public member or board administrator from a state licensing board, shall be chosen by the executive committee from a pool of nominees provided by the commission at large.
(c) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.
(d) The member state licensing board shall fill any vacancy occurring on the commission, within 90 days.
(e) Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission.
(f) A delegate shall vote in person or by other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.
(g) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
(3) The commission shall have the following powers and duties:
(a) Establish the fiscal year of the commission;
(b) Establish bylaws;
(c) Establish a code of ethics;
(d) Maintain its financial records in accordance with the bylaws;
(e) Meet and take actions as are consistent with the provisions of this compact and the bylaws;
(f) Promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states to the extent and in the manner provided for in the compact;
(g) Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state audiology or speech-language pathology licensing board to sue or be sued under applicable law shall not be affected;
(h) Purchase and maintain insurance and bonds;
(i) Borrow, accept, or contract for services of personnel including, but not limited to, employees of a member state;
(j) Hire employees, elect or appoint officers, fix compensation, define duties, grant individuals appropriate authority to carry out the purposes of the compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
(k) Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety and/or conflict of interest;
(l) Lease, purchase, accept appropriate gifts, or donations of, or otherwise to own, hold, improve, or use, any property, real, personal, or mixed; provided that at all times the commission shall avoid any appearance of impropriety;
(m) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;
(n) Establish a budget and make expenditures;
(o) Borrow money;
(p) Appoint committees, including standing committees composed of members, and other interested persons as may be designated in this compact and the bylaws;
(q) Provide and receive information from, and cooperate with, law enforcement agencies;
(r) Establish and elect an executive committee; and
(s) Perform other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of audiology and speech-language pathology licensure and practice.
(4) The commission shall have no authority to change or modify the laws of the member state which define the practice of audiology and speech-language pathology in the respective states.
(5) The executive committee shall have the power to act on behalf of the commission within the powers of this compact.
(a)(i) The executive committee shall be composed of ten members:
(A) Seven voting members who are elected by the commission from the current membership of the commission;
(B) Two ex officios, consisting of one nonvoting member from a recognized national audiology professional association and one nonvoting member from a recognized national speech-language pathology association; and
(C) One ex officio, nonvoting member from the recognized membership organization of the audiology and speech-language pathology licensing boards.
(ii) The ex officio members shall be selected by their respective organizations.
(b) The commission may remove any member of the executive committee as provided in the bylaws.
(c) The executive committee shall meet at least annually.
(d) The executive committee shall have the following duties and responsibilities:
(i) Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues, and any commission compact fee charged to licensees for the compact privilege;
(ii) Ensure compact administration services are appropriately provided, contractual or otherwise;
(iii) Prepare and recommend the budget;
(iv) Maintain financial records on behalf of the commission;
(v) Monitor compact compliance of member states and provide compliance reports to the commission;
(vi) Establish additional committees as necessary; and
(vii) Other duties as provided in the rules or bylaws.
(6) All meetings of the commission or executive committee shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rule-making provisions in RCW 18.35A.100.
(7) The commission or the executive committee or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive committee or other committees of the commission must discuss:
(a) Noncompliance of a member state with its obligations under the compact;
(b) The employment, compensation, discipline or other matters, practices, or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;
(c) Current, threatened, or reasonably anticipated litigation;
(d) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
(e) Accusing any person of a crime or formally censuring any person;
(f) Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
(g) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(h) Disclosure of investigative records compiled for law enforcement purposes;
(i) Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or
(j) Matters specifically exempted from disclosure by federal or member state statute.
(8) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
(9) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in minutes. All minutes and documents other than those for closed meetings shall be made available to the public upon request and at the requesting person's expense. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
(10)(a) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(b) The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
(c) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states.
(11) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.
(12) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
(13)(a) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing in this subsection (12)(a) [(13)(a)] shall be construed to protect any person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
(b) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
(c) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
[ 2023 c 53 s 8.]

catchline: Audiology and speech-language pathology compact commission—Establishment.


doc_type: statute

jurisdiction: wa

title: RCW 18.35A.090

text:
(1) The commission shall provide for the development, maintenance, and use of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
(2) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
(a) Identifying information;
(b) Licensure data;
(c) Adverse actions against a license or compact privilege;
(d) Nonconfidential information related to alternative program participation;
(e) Any denial of application for licensure, and the reason or reasons for denial; and
(f) Other information that may facilitate the administration of this compact, as determined by the rules of the commission.
(3) Investigative information pertaining to a licensee in any member state shall only be available to other member states.
(4) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.
(5) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(6) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
[ 2023 c 53 s 9.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Data system.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 18.35A.100

text:
(1) The commission shall exercise its rule-making powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
(2) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, the rule shall have no further force and effect in any member state.
(3) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
(4) Prior to promulgation and adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting at which the rule shall be considered and voted upon, the commission shall file a notice of proposed rule making:
(a) On the website of the commission or other publicly accessible platform; and
(b) On the website of each member state audiology or speech-language pathology licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
(5) The notice of proposed rule making shall include:
(a) The proposed time, date, and location of the meeting in which the rule shall be considered and voted upon;
(b) The text of the proposed rule or amendment and the reason for the proposed rule;
(c) A request for comments on the proposed rule from any interested person; and
(d) The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
(6) Prior to the adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
(7) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
(a) At least 25 persons;
(b) A state or federal governmental subdivision or agency; or
(c) An association having at least 25 members.
(8) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing.
(a) All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.
(b) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
(c) All hearings shall be recorded. A copy of the recording shall be made available to any person upon request and at the requesting person's expense.
(d) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
(9) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
(10) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.
(11) The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rule-making record and the full text of the rule.
(12) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rule-making procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
(a) Meet an imminent threat to public health, safety, or welfare;
(b) Prevent a loss of commission or member state funds; or
(c) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule.
(13) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
[ 2023 c 53 s 10.]

catchline: Rule making.


title: RCW 18.35A.110

text:
(1)(a) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.
(b) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(2)(a) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(b) By majority vote, the commission may initiate legal action in the United States district court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of this compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorneys' fees.
(c) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
[ 2023 c 53 s 11.]


title: RCW 18.35A.120

text:
(1) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rule-making powers necessary to the implementation and administration of this compact.
(2) Any state that joins this compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which this compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(3) Any member state may withdraw from this compact by enacting a statute repealing the same.
(a) A member state's withdrawal shall not take effect until six months after enactment of the repealing statute.
(b) Withdrawal shall not affect the continuing requirement of the withdrawing state's audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of chapter 53, Laws of 2023 prior to the effective date of withdrawal.
(4) Nothing contained in this compact shall be construed to invalidate or prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.
(5) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
[ 2023 c 53 s 12.]


title: RCW 18.35A.130

text:
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, this compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
[ 2023 c 53 s 13.]

catchline: Construction—Severability.


title: RCW 18.35A.140

text:
(1) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.
(2) All laws in a member state in conflict with this compact are superseded to the extent of the conflict.
(3) All lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.
(4) All agreements between the commission and the member states are binding in accordance with their terms.
(5) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
[ 2023 c 53 s 14.]

catchline: Binding effect of compact and other laws.


title: RCW 18.35A.150

text:
To the extent necessary to implement chapter 53, Laws of 2023, the board of hearing and speech is authorized to adopt rules necessary to implement the audiology and speech-language pathology interstate compact.
[ 2023 c 53 s 15.]

catchline: Board of hearing and speech—Rule-making authority.


title: RCW 18.36.035

text:
No person may practice or represent himself or herself as a drugless therapist without first having a valid license to do so.
[ 1987 c 150 s 28.]
Notes:
Severability—1987 c 150: See RCW 18.122.901.

catchline: License required.


title: RCW 18.360.005

text:
The legislature finds that medical assistants are health professionals specifically trained to work in settings such as physicians' offices, clinics, group practices, and other health care facilities. These multiskilled personnel are trained to perform administrative and clinical procedures under the supervision of health care providers. Physicians value this unique versatility more and more because of the skills of medical assistants and their ability to contain costs and manage human resources efficiently. The demand for medical assistants is expanding rapidly. The efficient and effective delivery of health care in Washington will be improved by recognizing the valuable contributions of medical assistants, and providing statutory support for medical assistants in Washington state. The legislature intends that individuals performing specialized functions be trained and supervised in a manner that will not pose an undue risk to patient safety. The legislature further finds that rural and small medical practices and clinics may have limited access to formally trained medical assistants. The legislature further intends that the secretary of health develop recommendations for a career ladder that includes medical assistants.
[ 2013 c 128 s 1; 2012 c 153 s 1.]
Notes:
Implementation—2013 c 128: "The department of health may delay the implementation of the medical assistant-registered credential to the extent necessary to comply with this act." [ 2013 c 128 s 6.]
Effective date—2013 c 128: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2013." [ 2013 c 128 s 7.]
Effective date—2012 c 153 ss 1-12, 14, 16, and 18: "Sections 1 through 12, 14, 16, and 18 of this act take effect July 1, 2013." [ 2012 c 153 s 22.]
Rules—2012 c 153: "The secretary of health shall adopt any rules necessary to implement this act." [ 2012 c 153 s 21.]

catchline: Findings—Intent.


title: RCW 18.360.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Administer" means the retrieval of medication, and its application to a patient, as authorized in RCW 18.360.050.
(2) "Delegation" means direct authorization granted by a licensed health care practitioner to a medical assistant to perform the functions authorized in this chapter which fall within the scope of practice of the health care provider and the training and experience of the medical assistant.
(3) "Department" means the department of health.
(4) "Forensic phlebotomist" means a police officer, law enforcement officer, or employee of a correctional facility or detention facility, who is certified under this chapter and meets any additional training and proficiency standards of his or her employer to collect a venous blood sample for forensic testing pursuant to a search warrant, a waiver of the warrant requirement, or exigent circumstances.
(5) "Health care practitioner" means:
(a) A physician licensed under chapter 18.71 RCW;
(b) An osteopathic physician and surgeon licensed under chapter 18.57 RCW; or
(c) Acting within the scope of their respective licensure, a podiatric physician and surgeon licensed under chapter 18.22 RCW, a registered nurse or *advanced registered nurse practitioner licensed under chapter 18.79 RCW, a naturopath licensed under chapter 18.36A RCW, a physician assistant licensed under chapter 18.71A RCW, or an optometrist licensed under chapter 18.53 RCW.
(6) "Medical assistant-certified" means a person certified under RCW 18.360.040 who assists a health care practitioner with patient care, executes administrative and clinical procedures, and performs functions as provided in RCW 18.360.050 under the supervision of the health care practitioner.
(7) "Medical assistant-EMT" means a person certified under RCW 18.360.040 who performs functions as provided in RCW 18.360.050 under the supervision of a health care practitioner and holds: An emergency medical technician certification under RCW 18.73.081; an advanced emergency medical technician certification under RCW 18.71.205; or a paramedic certification under RCW 18.71.205.
(8) "Medical assistant-hemodialysis technician" means a person certified under RCW 18.360.040 who performs hemodialysis and other functions pursuant to RCW 18.360.050 under the supervision of a health care practitioner.
(9) "Medical assistant-phlebotomist" means a person certified under RCW 18.360.040 who performs capillary, venous, and arterial invasive procedures for blood withdrawal and other functions pursuant to RCW 18.360.050 under the supervision of a health care practitioner.
(10) "Medical assistant-registered" means a person registered under RCW 18.360.040 who, pursuant to an endorsement by a health care practitioner, clinic, or group practice, assists a health care practitioner with patient care, executes administrative and clinical procedures, and performs functions as provided in RCW 18.360.050 under the supervision of the health care practitioner.
(11) "Secretary" means the secretary of the department of health.
(12)(a) "Supervision" means supervision of procedures permitted pursuant to this chapter by a health care practitioner who is physically present and is immediately available in the facility, except as provided in (b) and (c) of this subsection.
(b) The health care practitioner does not need to be present during procedures to withdraw blood, administer vaccines, or obtain specimens for or perform diagnostic testing, but must be immediately available.
(c)(i) During a telemedicine visit, supervision over a medical assistant assisting a health care practitioner with the telemedicine visit may be provided through interactive audio and video telemedicine technology.
(ii) When administering intramuscular injections for the purposes of treating a known or suspected syphilis infection in accordance with RCW 18.360.050, a medical assistant-certified or medical assistant-registered may be supervised through interactive audio or video telemedicine technology.
[ 2024 c 248 s 2; 2024 c 217 s 1; 2023 c 134 s 1; 2021 c 44 s 2; (2021 c 44 s 1 expired July 1, 2022); 2020 c 80 s 26. Prior: 2017 c 336 s 14; 2016 c 124 s 1; 2012 c 153 s 2.]
Notes:
Reviser's note: *(1) The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
(2) This section was amended by 2024 c 217 s 1 and by 2024 c 248 s 2, 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).
Intent—Effective date—2024 c 248: See notes following RCW 18.360.050.
Effective date—2023 c 134: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 20, 2023]." [ 2023 c 134 s 4.]
Effective date—2021 c 44 s 2: "Section 2 of this act takes effect July 1, 2022." [ 2021 c 44 s 5.]
Effective date—2021 c 44 s 1: "Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 14, 2021]." [ 2021 c 44 s 3.]
Expiration date—2021 c 44 s 1: "Section 1 of this act expires July 1, 2022." [ 2021 c 44 s 4.]
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Finding—2017 c 336: See note following RCW 9.96.060.
Effective date—2012 c 153 ss 1-12, 14, 16, and 18: See note following RCW 18.360.005.
Rules—2012 c 153: See note following RCW 18.360.005.
PDF
RCW 18.360.010
Definitions. (Effective June 30, 2027.)
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Administer" means the retrieval of medication, and its application to a patient, as authorized in RCW 18.360.050.
(2) "Delegation" means direct authorization granted by a licensed health care practitioner to a medical assistant to perform the functions authorized in this chapter which fall within the scope of practice of the health care provider and the training and experience of the medical assistant.
(3) "Department" means the department of health.
(4) "Forensic phlebotomist" means a police officer, law enforcement officer, or employee of a correctional facility or detention facility, who is certified under this chapter and meets any additional training and proficiency standards of his or her employer to collect a venous blood sample for forensic testing pursuant to a search warrant, a waiver of the warrant requirement, or exigent circumstances.
(5) "Health care practitioner" means:
(a) A physician licensed under chapter 18.71 RCW;
(b) An osteopathic physician and surgeon licensed under chapter 18.57 RCW; or
(c) Acting within the scope of their respective licensure, a podiatric physician and surgeon licensed under chapter 18.22 RCW, a registered nurse or advanced practice registered nurse licensed under chapter 18.79 RCW, a naturopath licensed under chapter 18.36A RCW, a physician assistant licensed under chapter 18.71A RCW, or an optometrist licensed under chapter 18.53 RCW.
(6) "Medical assistant-certified" means a person certified under RCW 18.360.040 who assists a health care practitioner with patient care, executes administrative and clinical procedures, and performs functions as provided in RCW 18.360.050 under the supervision of the health care practitioner.
(7) "Medical assistant-EMT" means a person certified under RCW 18.360.040 who performs functions as provided in RCW 18.360.050 under the supervision of a health care practitioner and holds: An emergency medical technician certification under RCW 18.73.081; an advanced emergency medical technician certification under RCW 18.71.205; or a paramedic certification under RCW 18.71.205.
(8) "Medical assistant-hemodialysis technician" means a person certified under RCW 18.360.040 who performs hemodialysis and other functions pursuant to RCW 18.360.050 under the supervision of a health care practitioner.
(9) "Medical assistant-phlebotomist" means a person certified under RCW 18.360.040 who performs capillary, venous, and arterial invasive procedures for blood withdrawal and other functions pursuant to RCW 18.360.050 under the supervision of a health care practitioner.
(10) "Medical assistant-registered" means a person registered under RCW 18.360.040 who, pursuant to an endorsement by a health care practitioner, clinic, or group practice, assists a health care practitioner with patient care, executes administrative and clinical procedures, and performs functions as provided in RCW 18.360.050 under the supervision of the health care practitioner.
(11) "Secretary" means the secretary of the department of health.
(12)(a) "Supervision" means supervision of procedures permitted pursuant to this chapter by a health care practitioner who is physically present and is immediately available in the facility, except as provided in (b) and (c) of this subsection.
(b) The health care practitioner does not need to be present during procedures to withdraw blood, administer vaccines, or obtain specimens for or perform diagnostic testing, but must be immediately available.
(c)(i) During a telemedicine visit, supervision over a medical assistant assisting a health care practitioner with the telemedicine visit may be provided through interactive audio and video telemedicine technology.
(ii) When administering intramuscular injections for the purposes of treating a known or suspected syphilis infection in accordance with RCW 18.360.050, a medical assistant-certified or medical assistant-registered may be supervised through interactive audio or video telemedicine technology.
[ 2025 c 58 s 5084. Prior: 2024 c 248 s 2; 2024 c 217 s 1; 2023 c 134 s 1; 2021 c 44 s 2; (2021 c 44 s 1 expired July 1, 2022); 2020 c 80 s 26; prior: 2017 c 336 s 14; 2016 c 124 s 1; 2012 c 153 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.
Intent—Effective date—2024 c 248: See notes following RCW 18.360.050.
Effective date—2023 c 134: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 20, 2023]." [ 2023 c 134 s 4.]
Effective date—2021 c 44 s 2: "Section 2 of this act takes effect July 1, 2022." [ 2021 c 44 s 5.]
Effective date—2021 c 44 s 1: "Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 14, 2021]." [ 2021 c 44 s 3.]
Expiration date—2021 c 44 s 1: "Section 1 of this act expires July 1, 2022." [ 2021 c 44 s 4.]
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Finding—2017 c 336: See note following RCW 9.96.060.
Effective date—2012 c 153 ss 1-12, 14, 16, and 18: See note following RCW 18.360.005.
Rules—2012 c 153: See note following RCW 18.360.005.

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


title: RCW 18.360.020

text:
(1) No person may practice as a medical assistant-certified, medical assistant-hemodialysis technician, medical assistant-phlebotomist, medical assistant-EMT, or forensic phlebotomist unless he or she is certified under RCW 18.360.040.
(2) No person may practice as a medical assistant-registered unless he or she is registered under RCW 18.360.040.
[ 2024 c 217 s 2; 2017 c 336 s 15; 2012 c 153 s 3.]
Notes:
Finding—2017 c 336: See note following RCW 9.96.060.
Effective date—2012 c 153 ss 1-12, 14, 16, and 18: See note following RCW 18.360.005.
Rules—2012 c 153: See note following RCW 18.360.005.

catchline: Certification or registration required.


title: RCW 18.360.030

text:
(1) The secretary shall adopt rules specifying the minimum qualifications for a medical assistant-certified, medical assistant-hemodialysis technician, medical assistant-phlebotomist, medical assistant-EMT, and forensic phlebotomist.
(a) The qualifications for a medical assistant-hemodialysis technician must be equivalent to the qualifications for hemodialysis technicians regulated pursuant to *chapter 18.135 RCW as of January 1, 2012.
(b) The qualifications for a forensic phlebotomist must include training consistent with the occupational safety and health administration guidelines and must include between twenty and thirty hours of work in a clinical setting with the completion of more than one hundred successful venipunctures. The secretary may not require more than 40 hours of classroom training for initial training, which may include online preclass homework.
(c) The qualifications for a medical assistant-EMT must be consistent with the qualifications for the emergency medical technician certification pursuant to RCW 18.73.081; the advanced emergency medical technician certification pursuant to RCW 18.71.205; or the paramedic certification pursuant to RCW 18.71.205. The secretary must ensure that any person with an emergency medical technician, advanced emergency medical technician, or paramedic certification is eligible for a medical assistant-EMT certification with no additional training or examination requirements if the certification for the emergency medical technician, advanced emergency medical technician, or a paramedic is in good standing.
(2) The secretary shall adopt rules that establish the minimum requirements necessary for a health care practitioner, clinic, or group practice to endorse a medical assistant as qualified to perform the duties authorized by this chapter and be able to file an attestation of that endorsement with the department.
[ 2024 c 217 s 3; 2019 c 55 s 8; 2017 c 336 s 16; 2012 c 153 s 4.]
Notes:
*Reviser's note: Chapter 18.135 RCW was repealed by 2012 c 153 s 20.
Finding—2017 c 336: See note following RCW 9.96.060.
Effective date—2012 c 153 ss 1-12, 14, 16, and 18: See note following RCW 18.360.005.
Rules—2012 c 153: See note following RCW 18.360.005.

catchline: Minimum qualifications—Rules.


title: RCW 18.360.040

text:
(1)(a) The secretary shall issue a certification as a medical assistant-certified to any person who has satisfactorily completed a medical assistant training program approved by the secretary, passed an examination approved by the secretary, and met any additional qualifications established under RCW 18.360.030.
(b) The secretary shall issue an interim certification to any person who has met all of the qualifications in (a) of this subsection, except for the passage of the examination. A person holding an interim permit possesses the full scope of practice of a medical assistant-certified. The interim permit expires upon passage of the examination and issuance of a certification, or after one year, whichever occurs first, and may not be renewed.
(2)(a) The secretary shall issue a certification as a medical assistant-hemodialysis technician to any person who meets the qualifications for a medical assistant-hemodialysis technician established under RCW 18.360.030.
(b) In order to allow sufficient time for the processing of a medical assistant-hemodialysis technician certification, applicants for that credential who have completed their training program are allowed to continue to work at dialysis facilities, under the level of supervision required for the training program, for a period of up to 180 days after filing their application, to facilitate patient continuity of care.
(3)(a) The secretary shall issue a certification as a medical assistant-phlebotomist to any person who meets the qualifications for a medical assistant-phlebotomist established under RCW 18.360.030.
(b) In order to allow sufficient time for the processing of a medical assistant-phlebotomist certification, applicants for that credential who have completed their training program are allowed to work, under the level of supervision required for the training program, for a period of up to 180 days after filing their application, to facilitate access to services.
(4) The secretary shall issue a certification as a medical assistant-EMT to any person who meets the qualifications for a medical assistant-EMT established under RCW 18.360.030.
(5) The secretary shall issue a certification as a forensic phlebotomist to any person who meets the qualifications for a forensic phlebotomist established under RCW 18.360.030.
(6)(a) The secretary shall issue a registration as a medical assistant-registered to any person who has a current endorsement from a health care practitioner, clinic, or group practice.
(b) In order to be endorsed under this subsection (6), a person must:
(i) Be endorsed by a health care practitioner, clinic, or group practice that meets the qualifications established under RCW 18.360.030; and
(ii) Have a current attestation of his or her endorsement to perform specific medical tasks signed by a supervising health care practitioner filed with the department. A medical assistant-registered may only perform the medical tasks listed in his or her current attestation of endorsement.
(c) A registration based on an endorsement by a health care practitioner, clinic, or group practice is not transferable to another health care practitioner, clinic, or group practice.
(d) An applicant for registration as a medical assistant-registered who applies to the department within seven days of employment by the endorsing health care practitioner, clinic, or group practice may work as a medical assistant-registered for up to sixty days while the application is processed. The applicant must stop working on the sixtieth day of employment if the registration has not been granted for any reason.
(7) A certification issued under subsections (1) through (3) of this section is transferable between different practice settings. A certification under subsection (4) of this section is transferable only between hospitals licensed under chapter 70.41 RCW. A certification under subsection (5) of this section is transferable between law enforcement agencies.
[ 2024 c 217 s 4; 2023 c 134 s 2; 2017 c 336 s 17; 2013 c 128 s 2; 2012 c 153 s 5.]
Notes:
Effective date—2023 c 134: See note following RCW 18.360.010.
Finding—2017 c 336: See note following RCW 9.96.060.
Implementation—Effective date—2013 c 128: See notes following RCW 18.360.005.
Effective date—2012 c 153 ss 1-12, 14, 16, and 18: See note following RCW 18.360.005.
Rules—2012 c 153: See note following RCW 18.360.005.

catchline: Certification and registration requirements.


title: RCW 18.360.050

text:
(1) A medical assistant-certified may perform the following duties delegated by, and under the supervision of, a health care practitioner:
(a) Fundamental procedures:
(i) Wrapping items for autoclaving;
(ii) Procedures for sterilizing equipment and instruments;
(iii) Disposing of biohazardous materials; and
(iv) Practicing standard precautions.
(b) Clinical procedures:
(i) Performing aseptic procedures in a setting other than a hospital licensed under chapter 70.41 RCW;
(ii) Preparing of and assisting in sterile procedures in a setting other than a hospital under chapter 70.41 RCW;
(iii) Taking vital signs;
(iv) Preparing patients for examination;
(v) Capillary blood withdrawal, venipuncture, and intradermal, subcutaneous, and intramuscular injections; and
(vi) Observing and reporting patients' signs or symptoms.
(c) Specimen collection:
(i) Capillary puncture and venipuncture;
(ii) Obtaining specimens for microbiological testing; and
(iii) Instructing patients in proper technique to collect urine and fecal specimens.
(d) Diagnostic testing:
(i) Electrocardiography;
(ii) Respiratory testing; and
(iii)(A) Tests waived under the federal clinical laboratory improvement amendments program on July 1, 2013. The department shall periodically update the tests authorized under this subsection (1)(d) based on changes made by the federal clinical laboratory improvement amendments program; and
(B) Moderate complexity tests if the medical assistant-certified meets standards for personnel qualifications and responsibilities in compliance with federal regulation for nonwaived testing.
(e) Patient care:
(i) Telephone and in-person screening limited to intake and gathering of information without requiring the exercise of judgment based on clinical knowledge;
(ii) Obtaining vital signs;
(iii) Obtaining and recording patient history;
(iv) Preparing and maintaining examination and treatment areas;
(v) Preparing patients for, and assisting with, routine and specialty examinations, procedures, treatments, and minor office surgeries;
(vi) Maintaining medication and immunization records; and
(vii) Screening and following up on test results as directed by a health care practitioner.
(f)(i) Administering medications. A medical assistant-certified may only administer medications if the drugs are:
(A) Administered only by unit or single dosage, or by a dosage calculated and verified by a health care practitioner. For purposes of this section, a combination or multidose vaccine shall be considered a unit dose;
(B) Limited to legend drugs, vaccines, and Schedule III-V controlled substances as authorized by a health care practitioner under the scope of his or her license and consistent with rules adopted by the secretary under (f)(ii) of this subsection; and
(C) Administered pursuant to a written order from a health care practitioner.
(ii) A medical assistant-certified may not administer experimental drugs or chemotherapy agents. The secretary may, by rule, further limit the drugs that may be administered under this subsection (1)(f). The rules adopted under this subsection must limit the drugs based on risk, class, or route.
(iii) A medical assistant-certified may administer intramuscular injections for the purposes of treating known or suspected syphilis infection without immediate supervision if a health care practitioner is providing supervision through interactive audio or video telemedicine technology in accordance with *RCW 18.360.010(11)(c)(ii).
(g) Intravenous injections. A medical assistant-certified may establish intravenous lines for diagnostic or therapeutic purposes, without administering medications, under the supervision of a health care practitioner, and administer intravenous injections for diagnostic or therapeutic agents under the direct visual supervision of a health care practitioner if the medical assistant-certified meets minimum standards established by the secretary in rule. The minimum standards must be substantially similar to the qualifications for category D and F health care assistants as they exist on July 1, 2013.
(h) Urethral catheterization when appropriately trained.
(2) A medical assistant-hemodialysis technician may perform hemodialysis when delegated and supervised by a health care practitioner. A medical assistant-hemodialysis technician may also administer drugs and oxygen to a patient when delegated and supervised by a health care practitioner and pursuant to rules adopted by the secretary.
(3) A medical assistant-phlebotomist may perform:
(a) Capillary, venous, or arterial invasive procedures for blood withdrawal when delegated and supervised by a health care practitioner and pursuant to rules adopted by the secretary;
(b) Tests waived under the federal clinical laboratory improvement amendments program on July 1, 2013. The department shall periodically update the tests authorized under this section based on changes made by the federal clinical laboratory improvement amendments program;
(c) Moderate and high complexity tests if the medical assistant-phlebotomist meets standards for personnel qualifications and responsibilities in compliance with federal regulation for nonwaived testing; and
(d) Electrocardiograms.
(4) A medical assistant-registered may perform the following duties delegated by, and under the supervision of, a health care practitioner:
(a) Fundamental procedures:
(i) Wrapping items for autoclaving;
(ii) Procedures for sterilizing equipment and instruments;
(iii) Disposing of biohazardous materials; and
(iv) Practicing standard precautions.
(b) Clinical procedures:
(i) Preparing for sterile procedures;
(ii) Taking vital signs;
(iii) Preparing patients for examination; and
(iv) Observing and reporting patients' signs or symptoms.
(c) Specimen collection:
(i) Obtaining specimens for microbiological testing; and
(ii) Instructing patients in proper technique to collect urine and fecal specimens.
(d) Patient care:
(i) Telephone and in-person screening limited to intake and gathering of information without requiring the exercise of judgment based on clinical knowledge;
(ii) Obtaining vital signs;
(iii) Obtaining and recording patient history;
(iv) Preparing and maintaining examination and treatment areas;
(v) Preparing patients for, and assisting with, routine and specialty examinations, procedures, treatments, and minor office surgeries, including those with minimal sedation. The department may, by rule, prohibit duties authorized under this subsection (4)(d)(v) if performance of those duties by a medical assistant-registered would pose an unreasonable risk to patient safety;
(vi) Maintaining medication and immunization records; and
(vii) Screening and following up on test results as directed by a health care practitioner.
(e) Diagnostic testing and electrocardiography.
(f)(i) Tests waived under the federal clinical laboratory improvement amendments program on July 1, 2013. The department shall periodically update the tests authorized under subsection (1)(d) of this section based on changes made by the federal clinical laboratory improvement amendments program.
(ii) Moderate complexity tests if the medical assistant-registered meets standards for personnel qualifications and responsibilities in compliance with federal regulation for nonwaived testing.
(g) Administering eye drops, topical ointments, and vaccines, including combination or multidose vaccines.
(h) Urethral catheterization when appropriately trained.
(i) Administering medications:
(i) A medical assistant-registered may only administer medications if the drugs are:
(A) Administered only by unit or single dosage, or by a dosage calculated and verified by a health care practitioner. For purposes of this section, a combination or multidose vaccine shall be considered a unit dose;
(B) Limited to legend drugs, vaccines, and Schedule III through V controlled substances as authorized by a health care practitioner under the scope of his or her license and consistent with rules adopted by the secretary under (i)(ii) of this subsection; and
(C) Administered pursuant to a written order from a health care practitioner.
(ii) A medical assistant-registered may only administer medication for intramuscular injections. A medical assistant-registered may not administer experimental drugs or chemotherapy agents. The secretary may, by rule, further limit the drugs that may be administered under this subsection (4)(i). The rules adopted under this subsection must limit the drugs based on risk, class, or route.
(j)(i) Intramuscular injections. A medical assistant-registered may administer intramuscular injections for diagnostic or therapeutic agents under the immediate supervision of a health care practitioner if the medical assistant-registered meets minimum standards established by the secretary in rule.
(ii) A medical assistant-registered may administer intramuscular injections for the purposes of treating known or suspected syphilis infection without immediate supervision if a health care practitioner is providing supervision through interactive audio or video telemedicine technology in accordance with *RCW 18.360.010(11)(c)(ii).
(5)(a) A medical assistant-EMT may perform the following duties delegated by, and under the supervision of, a health care practitioner if the duties are within the scope, training, and endorsements of the medical assistant-EMT's emergency medical technician, advanced emergency medical technician, or paramedic certification:
(i) Fundamental procedures:
(A) Disposing of biohazardous materials; and
(B) Practicing standard precautions;
(ii) Clinical procedures:
(A) Taking vital signs;
(B) Preparing patients for examination;
(C) Observing and reporting patients' signs or symptoms;
(D) Simple eye irrigation;
(E) Hemorrhage control with direct pressure or hemostatic gauze;
(F) Spinal and extremity motion restriction and immobilization;
(G) Oxygen administration;
(H) Airway maintenance, stabilization, and suctioning;
(I) Cardiopulmonary resuscitation; and
(J) Use of automated external defibrillators and semiautomated external defibrillators;
(iii) Specimen collection:
(A) Capillary puncture and venipuncture; and
(B) Instructing patients in proper technique to collect urine and fecal specimens;
(iv) Diagnostic testing:
(A) Electrocardiography; and
(B) Respiratory testing, including nasopharyngeal swabbing for COVID-19;
(v) Patient care:
(A) Telephone and in-person screening, limited to intake and gathering of information without requiring the exercise of judgment based on clinical knowledge;
(B) Obtaining vital signs;
(C) Obtaining and recording patient history; and
(D) Preparing and maintaining examination and treatment areas;
(vi) Administering medications: A medical assistant-EMT may only administer medications if the drugs are:
(A) Administered only by unit or single dosage, or by a dosage calculated and verified by a health care practitioner. For purposes of this subsection, a combination or multidose vaccine shall be considered a unit dose;
(B) Limited to vaccines, opioid antagonists, and oral glucose, as authorized by a health care practitioner under the scope of his or her license and consistent with rules adopted by the secretary under (b) of this subsection; and
(C) Administered pursuant to a written order from a health care practitioner; and
(vii) Establishing intravenous lines: A medical assistant-EMT may establish intravenous lines for diagnostic or therapeutic purposes, without administering medications, and remove intravenous lines under the supervision of a health care practitioner.
(b) The secretary may, by rule, further limit the drugs that may be administered under this subsection. The rules adopted under this subsection must limit the drugs based on risk, class, or route.
[ 2024 c 248 s 3; 2024 c 217 s 5; 2023 c 134 s 3; 2014 c 138 s 1; 2013 c 128 s 3; 2012 c 153 s 6.]
Notes:
Reviser's note: *(1) RCW 18.360.010 was amended by 2024 c 217 s 1, changing subsection (11) to subsection (12).
(2) This section was amended by 2024 c 217 s 5 and by 2024 c 248 s 3, 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).
Intent—2024 c 248: "(1) The legislature recognizes Washington's syphilis epidemic continues to grow, causing long-term health consequences and deaths that are preventable. Between 2019 and 2021, the number of reported syphilis cases in Washington state increased by 49 percent, while the number of cases of primary and secondary syphilis, an early stage infection characterized by a high risk of transmission, increased by 79 percent.
(2) In 2021, the legislature funded the sexually transmitted infection and hepatitis B virus legislative advisory group which produced policy recommendations in 2022 that included allowing medical assistants with telehealth access to a supervising clinician to provide intramuscular injections for syphilis treatment. It is the intent of the legislature to increase access to syphilis treatment to populations with high rates of syphilis and who are at the most risk of serious health outcomes due to syphilis infection." [ 2024 c 248 s 1.]
Effective date—2024 c 248: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 25, 2024]." [ 2024 c 248 s 5.]
Effective date—2023 c 134: See note following RCW 18.360.010.
Implementation—Effective date—2013 c 128: See notes following RCW 18.360.005.
Effective date—2012 c 153 ss 1-12, 14, 16, and 18: See note following RCW 18.360.005.
Rules—2012 c 153: See note following RCW 18.360.005.

catchline: Authorized duties.


title: RCW 18.360.060

text:
(1) Prior to delegation of any of the functions in RCW 18.360.050, a health care practitioner shall determine to the best of his or her ability each of the following:
(a) That the task is within that health care practitioner's scope of licensure or authority;
(b) That the task is indicated for the patient;
(c) The appropriate level of supervision;
(d) That no law prohibits the delegation;
(e) That the person to whom the task will be delegated is competent to perform that task; and
(f) That the task itself is one that should be appropriately delegated when considering the following factors:
(i) That the task can be performed without requiring the exercise of judgment based on clinical knowledge;
(ii) That results of the task are reasonably predictable;
(iii) That the task can be performed without a need for complex observations or critical decisions;
(iv) That the task can be performed without repeated clinical assessments; and
(v)(A) For a medical assistant other than a medical assistant-hemodialysis technician, that the task, if performed improperly, would not present life-threatening consequences or the danger of immediate and serious harm to the patient; and
(B) For a medical assistant-hemodialysis technician, that the task, if performed improperly, is not likely to present life-threatening consequences or the danger of immediate and serious harm to the patient.
(2) Nothing in this section prohibits the use of protocols that do not involve clinical judgment and do not involve the administration of medications, other than vaccines.
[ 2013 c 128 s 4; 2012 c 153 s 7.]
Notes:
Implementation—Effective date—2013 c 128: See notes following RCW 18.360.005.
Effective date—2012 c 153 ss 1-12, 14, 16, and 18: See note following RCW 18.360.005.
Rules—2012 c 153: See note following RCW 18.360.005.

catchline: Delegation—Health care practitioner duties.


title: RCW 18.360.070

text:
(1) In addition to any other authority provided by law, the secretary may:
(a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter;
(b) Establish forms and procedures necessary to administer this chapter;
(c) Establish administrative procedures, administrative requirements, and fees in accordance with RCW 43.70.250 and 43.70.280. Until July 1, 2016, for purposes of setting fees under this section, the secretary shall consider persons registered or certified under this chapter and health care assistants, certified under *chapter 18.135 RCW, as one profession;
(d) Hire clerical, administrative, and investigative staff as needed to implement and administer this chapter;
(e) Maintain the official department of health record of all applicants and credential holders; and
(f) Establish requirements and procedures for an inactive registration or certification.
(2) The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of a registration or certification, and the discipline of persons registered or certified under this chapter.
[ 2012 c 153 s 8.]
Notes:
*Reviser's note: Chapter 18.135 RCW was repealed by 2012 c 153 s 20.
Effective date—2012 c 153 ss 1-12, 14, 16, and 18: See note following RCW 18.360.005.
Rules—2012 c 153: See note following RCW 18.360.005.

catchline: Authority of secretary.


title: RCW 18.360.080

text:
(1) The department may not issue new certifications for category C, D, E, or F health care assistants on or after July 1, 2013. The department shall certify a category C, D, E, or F health care assistant whose certification is in good standing and who was certified prior to July 1, 2013, as a medical assistant-certified when he or she renews his or her certification.
(2) The department may not issue new certifications for category G health care assistants on or after July 1, 2013. The department shall certify a category G health care assistant whose certification is in good standing and who was certified prior to July 1, 2013, as a medical assistant-hemodialysis technician when he or she renews his or her certification.
(3) The department may not issue new certifications for category A or B health care assistants on or after July 1, 2013. The department shall certify a category A or B health care assistant whose certification is in good standing and who was certified prior to July 1, 2013, as a medical assistant-phlebotomist when he or she renews his or her certification.
[ 2013 c 128 s 5; 2012 c 153 s 9.]
Notes:
Implementation—Effective date—2013 c 128: See notes following RCW 18.360.005.
Effective date—2012 c 153 ss 1-12, 14, 16, and 18: See note following RCW 18.360.005.
Rules—2012 c 153: See note following RCW 18.360.005.

catchline: Certifications existing before July 1, 2013.


title: RCW 18.360.090

text:
Nothing in this chapter prohibits or affects:
(1) A person licensed under this title performing services within his or her scope of practice;
(2) A person performing functions in the discharge of official duties on behalf of the United States government including, but not limited to, the armed forces, coast guard, public health service, veterans' bureau, or bureau of Indian affairs;
(3) A person trained by a federally approved end-stage renal disease facility who performs end-stage renal dialysis in the home setting;
(4) A person registered or certified under this chapter from performing blood-drawing procedures in the residences of research study participants when the procedures have been authorized by the institutional review board of a comprehensive cancer center or nonprofit degree-granting institution of higher education and are conducted under the general supervision of a physician;
(5) A person participating in an externship as part of an approved medical assistant training program under the direct supervision of an on-site health care provider; or
(6) A person working at a special supplemental nutrition program for women, infants, and children (WIC) clinic administering tests and evaluations, provided that these tests and evaluations are limited to hematological tests via heel-stick, toe-stick, or finger-stick sampling.
[ 2025 c 8 s 1; 2012 c 153 s 10.]
Notes:
Effective date—2012 c 153 ss 1-12, 14, 16, and 18: See note following RCW 18.360.005.
Rules—2012 c 153: See note following RCW 18.360.005.

catchline: Exemptions.


title: RCW 18.360.100

text:
Within existing resources, the secretary shall develop recommendations regarding a career path plan for medical assistants. The secretary shall consult with stakeholders, including, but not limited to, health care practitioner professional organizations, organizations representing health care workers, community colleges, career colleges, and technical colleges. The recommendations must include methods for including credit for prior learning. The purpose of the plan is to evaluate and map career paths for medical assistants and entry-level health care workers to transition by means of a career ladder into medical assistants or other health care professions. The recommendations must identify barriers to career advancement and career ladder training initiatives. The department shall report its recommendations to the legislature no later than December 15, 2012.
[ 2012 c 153 s 11.]
Notes:
Effective date—2012 c 153 ss 1-12, 14, 16, and 18: See note following RCW 18.360.005.
Rules—2012 c 153: See note following RCW 18.360.005.

catchline: Career path plan—Report.


title: RCW 18.360.110

text:
An applicant with military training or experience satisfies the training or experience requirements of this chapter unless the secretary determines that the military training or experience is not substantially equivalent to the standards of this state.
[ 2012 c 153 s 12.]
Notes:
Effective date—2012 c 153 ss 1-12, 14, 16, and 18: See note following RCW 18.360.005.
Rules—2012 c 153: See note following RCW 18.360.005.

catchline: Military training or experience.


title: RCW 18.36A.010

text:
The legislature finds that it is necessary to regulate the practice of naturopaths in order to protect the public health, safety, and welfare. It is the legislature's intent that only individuals who meet and maintain minimum standards of competence and conduct may provide service to the public.
[ 1987 c 447 s 1.]

catchline: Intent.


title: RCW 18.36A.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Board" means the board of naturopathy created in RCW 18.36A.150.
(2) "Colon hydrotherapist" means a person certified under this chapter to perform colon hydrotherapy pursuant to an affiliation with one or more naturopaths.
(3) "Colon hydrotherapy" means the performance of enemas or colonic irrigation.
(4) "Common diagnostic procedures" means the use of venipuncture consistent with the practice of naturopathic medicine, commonly used diagnostic modalities consistent with naturopathic practice, health history taking, physical examination, radiography, examination of body orifices excluding endoscopy, laboratory medicine, and obtaining samples of human tissues, but excluding incision or excision beyond that which is authorized as a minor office procedure.
(5) "Department" means the department of health.
(6) "Educational program" means an accredited program preparing persons for the practice of naturopathic medicine.
(7) "Homeopathy" means a system of medicine based on the use of infinitesimal doses of medicines capable of producing symptoms similar to those of the disease treated, as listed in the homeopathic pharmacopeia of the United States.
(8) "Hygiene and immunization" means the use of such preventative techniques as personal hygiene, asepsis, public health, and immunizations, to the extent allowed by rule.
(9) "Manual manipulation" or "mechanotherapy" means manipulation of a part or the whole of the body by hand or by mechanical means.
(10) "Minor office procedures" means care and procedures incident thereto of superficial lacerations, lesions, and abrasions, and the removal of foreign bodies located in superficial structures, not to include the eye; and the use of antiseptics and topical or local anesthetics in connection therewith. "Minor office procedures" also includes intramuscular, intravenous, subcutaneous, and intradermal injections of substances consistent with the practice of naturopathic medicine and in accordance with rules established by the secretary.
(11) "Naturopath" means an individual licensed under this chapter.
(12) "Naturopathic medicines" means vitamins; minerals; botanical medicines; homeopathic medicines; hormones; and those legend drugs and controlled substances consistent with naturopathic medical practice in accordance with rules established by the board. Controlled substances are limited to codeine and testosterone products that are contained in Schedules III, IV, and V in chapter 69.50 RCW.
(13) "Nutrition and food science" means the prevention and treatment of disease or other human conditions through the use of foods, water, herbs, roots, bark, or natural food elements.
(14) "Physical modalities" means use of physical, chemical, electrical, and other modalities that do not exceed those used as of July 22, 2011, in minor office procedures or common diagnostic procedures, including but not limited to heat, cold, air, light, water in any of its forms, sound, massage, and therapeutic exercise.
(15) "Radiography" means the ordering, but not the interpretation, of radiographic diagnostic and other imaging studies and the taking and interpretation of standard radiographs.
(16) "Secretary" means the secretary of health or the secretary's designee.
(17) "Suggestion" means techniques including but not limited to counseling, biofeedback, and hypnosis.
[ 2021 c 179 s 2. Prior: 2011 c 41 s 3; 2011 c 40 s 1; 2005 c 158 s 1; 1991 c 3 s 87; 1987 c 447 s 4.]
Notes:
Education and training requirements—2005 c 158: "The secretary [of health], in consultation with the naturopathic advisory committee and the Washington *state board of pharmacy, shall develop education and training requirements for the use of controlled substances authorized under this act. The requirements must be met by the naturopath prior to being authorized to prescribe controlled substances under this act." [ 2005 c 158 s 3.]
*Reviser's note: Chapter 19, Laws of 2013 changed "state board of pharmacy" to "pharmacy quality assurance commission."

catchline: Definitions.


title: RCW 18.36A.030

text:
(1) No person may practice naturopathy or represent himself or herself as a naturopath without first applying for and receiving a license from the secretary to practice naturopathy.
(2) A person represents himself or herself as a naturopath when that person adopts or uses any title or any description of services that incorporates one or more of the following terms or designations: Naturopath, naturopathy, naturopathic, naturopathic physician, ND, or doctor of naturopathic medicine.
[ 2011 c 41 s 4; 1991 c 3 s 88; 1987 c 447 s 2.]


title: RCW 18.36A.040

text:
Naturopathic medicine is the practice by naturopaths of the art and science of the diagnosis, prevention, and treatment of disorders of the body by stimulation or support, or both, of the natural processes of the human body. A naturopath is responsible and accountable to the consumer for the quality of naturopathic care rendered.
The practice of naturopathic medicine includes manual manipulation (mechanotherapy), the prescription, administration, dispensing, and use, except for the treatment of malignancies, of nutrition and food science, physical modalities, minor office procedures, homeopathy, naturopathic medicines, hygiene and immunization, contraceptive devices, common diagnostic procedures, and suggestion; however, nothing in this chapter shall prohibit consultation and treatment of a patient in concert with a practitioner licensed under chapter 18.57 or 18.71 RCW. No person licensed under this chapter may employ the term "chiropractic" to describe any services provided by a naturopath under this chapter.
[ 2011 c 40 s 2; 2005 c 158 s 2; 1991 c 3 s 89; 1988 c 246 s 1; 1987 c 447 s 3.]
Notes:
Education and training requirements—2005 c 158: See note following RCW 18.36A.020.

catchline: Scope of practice.


title: RCW 18.36A.050

text:
Nothing in this chapter shall be construed to prohibit or restrict:
(1) The practice of a profession by individuals who are licensed, certified, or registered under other laws of this state who are performing services within their authorized scope of practice;
(2) The practice of naturopathic medicine by an individual employed by the government of the United States while the individual is engaged in the performance of duties prescribed for him or her by the laws and regulations of the United States;
(3) The practice of naturopathic medicine by students enrolled in a school approved by the secretary. The performance of services shall be pursuant to a course of instruction or assignments from an instructor and under the supervision of the instructor. The instructor shall be a naturopath licensed pursuant to this chapter; or
(4) The practice of oriental medicine or oriental herbology, or the rendering of other dietary or nutritional advice.
[ 1991 c 3 s 90; 1987 c 447 s 5.]

catchline: Application of chapter—Exemptions.


title: RCW 18.36A.060

text:
In addition to any other authority provided by law, the secretary may:
(1) Set all license and certificate, examination, and renewal fees in accordance with RCW 43.70.250;
(2) Establish forms and procedures necessary to administer this chapter;
(3) Issue a license or certificate to any applicant who has met the education, training, and examination requirements for licensure or certification and deny a license or certification to applicants who do not meet the minimum qualifications for licensure or certification; except that denial of licenses or certificates based on unprofessional conduct or impaired practice shall be governed by the uniform disciplinary act, chapter 18.130 RCW;
(4) Hire clerical, administrative, and investigative staff as needed to implement and administer this chapter and to hire individuals, including those licensed under this chapter, to serve as examiners or consultants as necessary to implement and administer this chapter;
(5) Maintain the official department record of all applicants, licensees, and certified persons; and
(6) Conduct a hearing on an appeal of a denial of a license or certificate based on the applicant's failure to meet the minimum qualifications for licensure or certification. The hearing shall be conducted pursuant to chapter 34.05 RCW.
[ 2021 c 179 s 3; 2011 c 41 s 5; 1991 c 3 s 91; 1987 c 447 s 6.]

catchline: Powers of secretary—Application of uniform disciplinary act.


title: RCW 18.36A.080

text:
The secretary, members of the board, or individuals acting on their behalf, are immune from suit in any civil action based on any act performed in the course of their duties.
[ 2011 c 41 s 6; 1991 c 3 s 93; 1987 c 447 s 8.]

catchline: Civil immunity.


title: RCW 18.36A.090

text:
The department shall issue a license to any applicant who meets the following requirements:
(1) Successful completion of an educational program approved by the board, the minimum standard of which shall be the successful completion of a doctorate degree program in naturopathy which includes a minimum of two hundred postgraduate hours in the study of mechanotherapy from an approved educational program, or successful completion of equivalent alternate training that meets the criteria established by the board. The requirement for two hundred postgraduate hours in the study of mechanotherapy shall expire June 30, 1989;
(2) Successful completion of any equivalent experience requirement established by the board;
(3) Successful completion of an examination administered or approved by the board;
(4) Good moral character; and
(5) Not having engaged in unprofessional conduct or being unable to practice with reasonable skill and safety as a result of a physical or mental impairment.
The board shall establish what constitutes adequate proof of meeting the above requirements. Any person holding a valid license to practice drugless therapeutics under chapter 18.36 RCW upon January 1, 1988, shall be deemed licensed pursuant to this chapter.
[ 2011 c 41 s 7; 1991 c 3 s 94; 1987 c 447 s 9.]

catchline: Requirements for licensure.


title: RCW 18.36A.095

text:
(1) Beginning July 1, 2022, the secretary shall issue a certification as a colon hydrotherapist to any applicant who:
(a) Has completed education and training requirements established by the board. At a minimum, education and training requirements must address proper technique, the use of appropriate equipment, and safety and consent procedures; and
(b) Has successfully passed an examination approved by the board.
(2) The board may recognize certification or accreditation by a professional organization as satisfying any of the requirements in subsection (1) of this section if the organization's standards are substantially equivalent to or more stringent than those established under subsection (1) of this section.
(3) A colon hydrotherapist may not practice colon hydrotherapy unless the colon hydrotherapist has established an affiliation with one or more naturopaths licensed under this chapter. A colon hydrotherapist must submit the names of all naturopaths with which the colon hydrotherapist is affiliated to the board on a schedule established by the board. A colon hydrotherapist may practice in a location other than the office of a naturopath. A colon hydrotherapist may only perform colon hydrotherapy on patients who have been referred to the colon hydrotherapist by a naturopath with whom the colon hydrotherapist is affiliated and only according to the plan of care delegated from the naturopath to the colon hydrotherapist.
[ 2021 c 179 s 1.]

catchline: Colon hydrotherapist certification requirements.


title: RCW 18.36A.100

text:
(1) The board shall establish by rule the standards for approval of educational programs and alternate training and may contract with individuals or organizations having expertise in the profession and/or in education to report to the board the information necessary for the board to evaluate the educational programs. The standards for approval shall be based on the minimal competencies necessary for safe practice. The standards and procedures for approval shall apply equally to educational programs and equivalent alternate training within the United States and those in foreign jurisdictions.
(2) Each educational program requesting approval shall pay all administrative costs for the educational program evaluation, including, but not limited to, costs for site evaluation.
[ 2011 c 41 s 8; 1991 c 3 s 95; 1987 c 447 s 10.]

catchline: Standards for approval of educational programs.


title: RCW 18.36A.110

text:
(1) The date and location of the examination shall be established by the board. Applicants who have been found to meet the education and experience requirements for licensure shall be scheduled for the next examination following the filing of the application. The board shall establish by rule the examination application deadline.
(2) The examination shall contain subjects appropriate to the standards of competency and scope of practice.
(3) The board shall establish by rule the requirements for a reexamination if the applicant has failed the examination.
(4) The board may approve an examination prepared or administered, or both, by a private testing agency or association of licensing boards.
[ 2011 c 41 s 9; 1991 c 3 s 96; 1987 c 447 s 11.]

catchline: Examination for licensure.


title: RCW 18.36A.120

text:
The board shall establish by rule the standards for licensure of applicants licensed in another jurisdiction. However, the standards for reciprocity of licensure shall not be less than required for licensure in the state of Washington.
[ 2011 c 41 s 10; 1991 c 3 s 97; 1987 c 447 s 12.]

catchline: License standards for applicants from other jurisdictions—Reciprocity.


title: RCW 18.36A.130

text:
Applicants shall comply with administrative procedures, administrative requirements, and fees determined by the secretary as provided in RCW 43.70.250 and 43.70.280.
[ 1996 c 191 s 22; 1991 c 3 s 98; 1987 c 447 s 13.]

catchline: Compliance with secretary's determinations.


title: RCW 18.36A.140

text:
The secretary shall establish the administrative procedures, administrative requirements, and fees for renewal and late renewal of licenses and certificates as provided in RCW 43.70.250 and 43.70.280.
[ 2021 c 179 s 4; 1996 c 191 s 23; 1991 c 3 s 99; 1987 c 447 s 14.]

catchline: Fee for renewal, late renewal.


title: RCW 18.36A.150

text:
(1) There is created the board of naturopathy consisting of seven members appointed by the governor to four-year terms. Five members of the board shall be persons licensed under this chapter and two shall be members of the public. No member may serve more than two consecutive full terms. Members hold office until their successors are appointed. All members shall be appointed to full four-year terms.
(2) The public members of the board may not be a member of any other health care licensing board or commission, have a fiduciary obligation to a facility rendering services regulated under this chapter, or have a material or financial interest in the rendering of services regulated under this chapter.
(3) The board shall elect officers each year. The board shall meet at least twice each year and may hold additional meetings as called by the chair. Meetings of the board are open to the public, except that the board may hold executive sessions to the extent permitted by chapter 42.30 RCW. The department shall provide secretarial, clerical, and other assistance as required by the board.
(4) Each member of the board shall be compensated in accordance with RCW 43.03.265. Members shall be reimbursed for travel expenses incurred in the actual performance of their duties, as provided in RCW 43.03.050 and 43.03.060. The board is designated as a class five group for purposes of chapter 43.03 RCW.
(5) A majority of the board members appointed and serving constitutes a quorum for the transaction of board business. The affirmative vote of a majority of a quorum of the board is required to carry a motion or resolution, to adopt a rule, or to pass a measure.
(6) The board may appoint members to panels of at least three members. A quorum for transaction of any business by a panel is a minimum of three members. A majority vote of a quorum of the panel is required to transact business delegated to it by the board.
(7) The board may adopt such rules as are consistent with this chapter as may be deemed necessary and proper to carry out the purposes of this chapter.
(8) The governor may remove a member of the board for neglect of duty, misconduct, or malfeasance or misfeasance in office. Whenever the governor is satisfied that a member of the board has been guilty of neglect of duty, misconduct, or malfeasance or misfeasance in office, he or she shall file with the secretary of state a statement of the cause for and the order of removal from office, and the secretary shall immediately send a certified copy of the order of removal and statement of causes by certified mail to the last known post office address of the member. If a vacancy occurs on the board, the governor shall appoint a replacement to fill the remainder of the unexpired term.
[ 2022 c 240 s 22; 2011 c 41 s 1.]

catchline: Board of naturopathy.


title: RCW 18.36A.160

text:
(1) In addition to any other authority provided by law, the board shall:
(a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter;
(b) Determine the minimum education and experience requirements for licensure in conformance with RCW 18.36A.090, including, but not limited to, approval of educational programs;
(c) Determine the minimum education and training requirements for certification as a colon hydrotherapist under RCW 18.36A.095, including identifying any certification or accreditation organizations that satisfy certification requirements;
(d) Establish standards for the affiliation relationship between a colon hydrotherapist and a naturopath, including standards for communicating a plan of care for a patient, transferring a patient to a higher level of care, and providing general, off-site supervision;
(e) Prepare and administer, or approve the preparation and administration of, examinations for licensure or certification;
(f) Establish by rule the procedures for an appeal of examination failure;
(g) Determine whether alternative methods of training are equivalent to formal education, and establish forms, procedures, and criteria for evaluation of an applicant's equivalent alternative training to determine the applicant's eligibility to take the examination; and
(h) Adopt rules implementing a continuing competency program.
(2) The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed and uncertified practice, the issuance and denial of licenses and certifications, and the discipline of licensees and certified persons under this chapter.
[ 2021 c 179 s 5; 2011 c 41 s 2.]

catchline: Board of naturopathy—Duties.


title: RCW 18.36A.900

text:
Sections 1 through 14 of this act shall take effect January 1, 1988.
[ 1987 c 447 s 20.]

catchline: Effective date—1987 c 447 ss 1-14.


title: RCW 18.370.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Tanning facility" means any location, place, area, structure, or business that provides persons access to any ultraviolet tanning device for a fee.
(2) "Ultraviolet tanning device" means equipment that emits electromagnetic radiation with wavelengths in the air between two hundred and four hundred nanometers used for tanning of the skin including, but not limited to, a sunlamp, tanning booth, or tanning bed. An ultraviolet tanning device does not mean a phototherapy device which may be used by or under the direct supervision of a licensed physician who is trained in the use of phototherapy devices.
[ 2014 c 87 s 1.]


title: RCW 18.370.020

text:
(1) Persons under eighteen years of age are prohibited from using an ultraviolet tanning device without a written prescription for ultraviolet radiation treatment from a physician licensed under chapter 18.57 or 18.71 RCW.
(2) Proof of age must be satisfied with a driver's license or other government-issued identification containing the date of birth and a photograph of the individual.
[ 2014 c 87 s 2.]

catchline: Minors prohibited—Proof of age.


title: RCW 18.370.030

text:
The owner of a tanning facility that violates this chapter is liable for a civil penalty not to exceed two hundred fifty dollars per violation in addition to any other penalty established by law.
[ 2014 c 87 s 3.]

catchline: Penalty.


title: RCW 18.380.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Certified behavior technician" means a paraprofessional who implements a behavior analysis treatment plan under the close, ongoing supervision of a licensed behavior analyst or a licensed assistant behavior analyst, but who does not design or supervise the implementation of a behavior analysis treatment plan.
(2) "Committee" means the Washington state applied behavior analysis advisory committee.
(3) "Department" means the department of health.
(4) "Licensed assistant behavior analyst" means an individual who is licensed under this chapter to engage in the practice of applied behavior analysis under the supervision of a licensed behavior analyst.
(5) "Licensed behavior analyst" means an individual who is licensed under this chapter to engage in the practice of applied behavior analysis.
(6)(a) "Practice of applied behavior analysis" means:
(i) The design, implementation, and evaluation of instructional and environmental modifications based on scientific research and the direct observation and measurement of behavior and the environment to produce socially significant improvements in human behavior;
(ii) Empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis; and
(iii) Utilization of contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other consequences to assist individuals in developing new behaviors, increasing or decreasing existing behaviors, and emitting behaviors under specific environmental conditions.
(b) "Practice of applied behavior analysis" does not include psychological testing, diagnosis of a mental or physical disorder, neuropsychology, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, or counseling as treatment modalities. It also does not include the use of behavioral techniques described in (a)(iii) of this subsection alone as treatment modalities.
(7) "Secretary" means the secretary of the department of health.
[ 2015 c 118 s 1.]
Notes:
Effective date—2015 c 118: "Except for sections 4 and 16 of this act, this act takes effect July 1, 2017." [ 2015 c 118 s 15.]

catchline: Definitions.


title: RCW 18.380.020

text:
(1)(a) Except as provided in RCW 18.380.030, no person may engage in the practice of applied behavior analysis unless he or she holds a license or a temporary license under this chapter. The use of behavioral techniques described in RCW 18.380.010(6)(a)(iii) alone does not constitute the practice of applied behavior analysis.
(b) A person not licensed under this chapter may not represent himself or herself as a "licensed behavior analyst" or a "licensed assistant behavior analyst."
(2) Except as provided in RCW 18.380.030, no person may practice as a certified behavior technician in this state without having a certification issued by the secretary. A person not certified under this chapter may not represent himself or herself as a "certified behavior technician."
[ 2015 c 118 s 2.]
Notes:
Effective date—2015 c 118: See note following RCW 18.380.010.

catchline: Licensure or certification required—Unauthorized practices.


title: RCW 18.380.030

text:
Nothing in this chapter may be construed to prohibit or restrict:
(1) An individual who holds a credential issued by this state, other than as a licensed behavior analyst, a licensed assistant behavior analyst, or a certified behavior technician, to engage in the practice of that occupation or profession without obtaining an additional credential from the state, so long as the practice is within that profession's or occupation's scope of practice;
(2) A person employed as a behavior analyst, assistant behavior analyst, or behavior technician by the government of the United States if the person provides behavior analysis services solely under the direction or control of the agency by which the person is employed;
(3) An employee of a school district, charter school, or private school approved under chapter 28A.195 RCW in the performance of his or her regular duties of employment, so long as the employee does not offer behavior analytic services to any person or entity other than the school employer and does not accept remuneration for providing behavior analytic services other than the remuneration he or she receives from the school employer;
(4) The practice of applied behavior analysis by a matriculated college or university student if he or she: (a) Participates in a defined course, internship, practicum, or program of study; (b) is supervised by college or university faculty or a licensed behavior analyst; and (c) uses a title that clearly indicates trainee status, such as "behavior analysis student," "behavior analysis intern," or "behavior analysis trainee";
(5) The practice of applied behavior analysis by an individual pursuing supervised experiential training to meet eligibility requirements for licensure under this chapter or national certification in behavior analysis, so long as the training is supervised by a licensed behavior analyst who meets any additional requirements established by the secretary or by a professional who meets supervisor requirements determined by a national certifying entity;
(6) Implementation of a behavior analysis treatment plan by a family member or legal guardian of a recipient of behavior analysis services, as defined in rule, so long as the family member or legal guardian is under the supervision of a licensed behavior analyst or a licensed assistant behavior analyst;
(7) The activities of a behavior analyst who practices with nonhumans including, but not limited to, animal trainers and applied animal behaviorists; or
(8) The activities of a behavior analyst who provides general behavior analysis services to organizations so long as those services are for the benefit of the organization and do not involve direct services to individuals.
[ 2015 c 118 s 3.]
Notes:
Effective date—2015 c 118: See note following RCW 18.380.010.

catchline: Exemptions.


title: RCW 18.380.040

text:
(1) The Washington state applied behavior analysis advisory committee is established.
(2) The committee consists of the following five members:
(a) Three members who are licensed behavior analysts or, for the initial members of the committee, certified by the national behavior analyst certification board as either a board certified behavior analyst or a board certified behavior analyst - doctoral;
(b) One member who is a licensed assistant behavior analyst or, for the initial members of the committee, certified by the national behavior analyst certification board as a board certified assistant behavior analyst; and
(c) One member of the public who is not a member of any other health care licensing board or commission and does not have a material or financial interest in the rendering of services regulated under this chapter. The public member may be the parent or guardian of a recipient of behavior analysis services.
(3) The secretary shall appoint the committee members. Committee members serve at the pleasure of the secretary. The secretary may appoint members of the initial committee to staggered terms of one to four years, and thereafter all terms are for four years. No member may serve more than two consecutive terms.
(4) It is recommended that one of the three licensed behavior analysts appointed to the committee also has an additional mental health license, such as a psychologist.
(5) The committee shall elect officers each year. The committee shall meet at least twice each year and may hold additional meetings as called by the chair. A majority of the committee appointed and serving constitutes a quorum.
(6) The secretary shall consult with the committee in determining the qualifications for licensure or certification under RCW 18.380.050.
(7) Committee members must be compensated in accordance with RCW 43.03.240. Members must be reimbursed for travel expenses incurred in the actual performance of their duties, as provided in RCW 43.03.050 and 43.03.060.
[ 2015 c 118 s 4.]

catchline: Applied behavior analysis advisory committee.


title: RCW 18.380.050

text:
(1) The secretary shall issue a license to an applicant who submits a completed application, pays the appropriate fees, and meets the following requirements:
(a) For a licensed behavior analyst:
(i) Graduation from a master's or doctorate degree program in behavior analysis or other natural science, education, human services, engineering, medicine, or field related to behavior analysis approved by the secretary;
(ii) Completion of a minimum of two hundred twenty-five classroom hours at graduate level instruction in specific behavior analysis topics, as determined in rule;
(iii) Successful completion of a supervised experience requirement, consisting of a minimum of one thousand five hundred hours, or an alternative approved by the secretary by rule; and
(iv) Successful completion of an examination approved by the secretary;
(b) For a licensed assistant behavior analyst:
(i) Graduation from a bachelor's degree program approved by the secretary;
(ii) Completion of one hundred thirty-five classroom hours of instruction in specific behavior analysis topics, as determined by the secretary in rule; and
(iii) Successful completion of a supervised experience requirement, consisting of a minimum of one thousand hours, or an alternative approved by the secretary by rule;
(c) For a certified behavior technician:
(i) Successful completion of a training program of at least forty hours that is approved by the secretary; and
(ii) Any other requirements determined by the secretary in rule;
(d) Demonstrates good moral character;
(e) Has not engaged in unprofessional conduct as defined in RCW 18.130.180;
(f) Is not currently subject to any disciplinary proceedings; and
(g) Is not unable to practice with reasonable skill and safety as defined in RCW 18.130.170.
(2) In addition, an applicant for an assistant behavior analyst license or a behavior technician certification must provide proof of ongoing supervision by a licensed behavior analyst.
(3) The secretary may accept certification by a national accredited professional credentialing entity in lieu of the specific requirements identified in subsection (1)(a) through (c) of this section.
(4) A license or certification issued under this section is valid for a period of two years.
[ 2015 c 118 s 5.]
Notes:
Effective date—2015 c 118: See note following RCW 18.380.010.

catchline: Licensure or certification requirements.