title: RCW 18.170.160

text:
(1) After June 30, 1992, any person who performs the functions and duties of a private security guard in this state without being licensed in accordance with this chapter, or any person presenting or attempting to use as his or her own the license of another, or any person who gives false or forged evidence of any kind to the director in obtaining a license, or any person who falsely impersonates any other licensee, or any person who attempts to use an expired or revoked license, or any person who violates any of the provisions of this chapter is guilty of a gross misdemeanor.
(2) After January 1, 1992, a person is guilty of a gross misdemeanor if he or she owns or operates a private security company in this state without first obtaining a private security company license.
(3) After June 30, 1992, the owner or qualifying agent of a private security company is guilty of a gross misdemeanor if he or she employs an unlicensed person to perform the duties of a private security guard without issuing the employee a valid temporary registration card if the employee does not have in his or her possession a permanent private security guard license issued by the department. This subsection does not preclude a private security company from requiring applicants to attend preassignment training classes or from paying wages for attending the required preassignment training classes.
(4) After June 30, 1992, a person is guilty of a gross misdemeanor if he or she performs the functions and duties of an armed private security guard in this state unless the person holds a valid armed private security guard license issued by the department.
(5) After June 30, 1992, it is a gross misdemeanor for a private security company to hire, contract with, or otherwise engage the services of an unlicensed armed private security guard knowing that he or she does not have a valid armed private security guard license issued by the director.
(6) It is a gross misdemeanor for a person to possess or use any vehicle or equipment displaying the word "police" or "law enforcement officer" or having any sign, shield, marking, accessory, or insignia that indicates that the equipment or vehicle belongs to a public law enforcement agency.
(7) It is a gross misdemeanor for any person who performs the functions and duties of a private security guard to use any name that includes the word "police" or "law enforcement" or that portrays the individual or a business as a public law enforcement agency.
(8) It is the duty of all officers of the state and political subdivisions thereof to enforce the provisions of this chapter. The attorney general shall act as legal adviser of the director, and render such legal assistance as may be necessary in carrying out the provisions of this chapter.
[ 1995 c 277 s 11; 1991 c 334 s 16.]

catchline: Licenses required—Use of public law enforcement insignia prohibited—Penalties—Enforcement.


doc_type: statute

jurisdiction: wa

title: RCW 18.170.164

text:
The director shall immediately suspend any license issued under this chapter if the holder has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.
[ 1997 c 58 s 838.]
Notes:
*Reviser's note: 1997 c 58 s 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: License suspension—Noncompliance with support order—Reissuance.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 18.170.165

text:
A licensee who transfers from one company to another must submit a transfer application on a form prescribed by the director along with a transfer fee established by the director.
[ 1995 c 277 s 2.]

catchline: Transfer of license.


title: RCW 18.170.170

text:
In addition to the unprofessional conduct described in RCW 18.235.130, the following conduct, acts, or conditions constitute unprofessional conduct:
(1) Knowingly violating any of the provisions of this chapter or the rules adopted under this chapter;
(2) Practicing fraud, deceit, or misrepresentation in any of the private security activities covered by this chapter;
(3) Knowingly making a material misstatement or omission in the application for a firearms certificate;
(4) Not meeting the qualifications set forth in RCW 18.170.030, 18.170.040, or 18.170.060;
(5) Failing to return immediately on demand a firearm issued by an employer;
(6) Carrying a firearm in the performance of his or her duties if not the holder of a valid armed private security guard license, or carrying a firearm not meeting the provisions of this chapter while in the performance of his or her duties;
(7) Failing to return immediately on demand any uniform, badge, or other item of equipment issued to the private security guard by an employer;
(8) Making any statement that would reasonably cause another person to believe that the private security guard is a sworn peace officer;
(9) Divulging confidential information that may compromise the security of any premises, or valuables shipment, or any activity of a client to which he or she was assigned;
(10) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.170.060;
(11) Failure to maintain insurance; and
(12) Failure to have a qualifying principal in place.
[ 2002 c 86 s 248; 1997 c 58 s 837; 1995 c 277 s 12; 1991 c 334 s 17.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.

catchline: Unprofessional conduct.


title: RCW 18.170.175

text:
No licensee, employee or agent of a licensee, or anyone accompanying a licensee, employee, or agent may display a firearm while soliciting a client.
[ 1995 c 277 s 3.]

catchline: Display of firearms while soliciting clients.


title: RCW 18.170.180

text:
The director or the director's designee has the following authority in administering this chapter:
(1) To adopt, amend, and rescind rules as deemed necessary to carry out this chapter;
(2) To adopt standards of professional conduct or practice; and
(3) To employ such administrative and clerical staff as necessary for the enforcement of this chapter.
[ 2007 c 256 s 9; 2002 c 86 s 249; 1991 c 334 s 18.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Authority of director.


title: RCW 18.170.210

text:
The procedures governing adjudicative proceedings before agencies under chapter 34.05 RCW, the administrative procedure act, govern all hearings before the director.
[ 1991 c 334 s 21.]

catchline: Application of administrative procedure act to hearings.


title: RCW 18.170.220

text:
(1) If the director believes a license holder or applicant may be unable to practice with reasonable skill and safety to the public by reason of a mental or physical condition, a statement of charges shall be served on the license holder or applicant and notice shall also be issued providing an opportunity for a hearing. The hearing shall be limited to the sole issue of the capacity of the license holder or applicant to practice with reasonable skill or safety. If the director determines that the license holder or applicant is unable to practice with reasonable skill and safety for one of the reasons stated in this subsection, the director shall impose such sanctions as are deemed necessary to protect the public.
(2) In investigating or adjudicating a complaint or report that a license holder or applicant may be unable to practice with reasonable skill or safety by reason of a mental or physical condition, the department may require a license holder or applicant to submit to a mental or physical examination by one or more licensed or certified health professionals designated by the director. The cost of the examinations ordered by the department shall be paid by the department. In addition to any examinations ordered by the department, the licensee may submit physical or mental examination reports from licensed or certified health professionals of the license holder's or applicant's choosing and expense. Failure of the license holder or applicant to submit to examination when directed constitutes grounds for immediate suspension or withholding of the license, consequent upon which a default and final order may be entered without the taking of testimony or presentations of evidence, unless the failure was due to circumstances beyond the person's control. A determination by a court of competent jurisdiction that a license holder or applicant is mentally incompetent or mentally ill is presumptive evidence of the license holder's or applicant's inability to practice with reasonable skill and safety. An individual affected under this section shall at reasonable intervals be afforded an opportunity to demonstrate that the individual can resume competent practice with reasonable skill and safety to the public.
(3) For the purpose of subsection (2) of this section, an applicant or license holder governed by this chapter, by making application, practicing, or filing a license renewal, is deemed to have given consent to submit to a mental, physical, or psychological examination if directed in writing by the department and further to have waived all objections to the admissibility or use of the examining health professional's testimony or examination reports by the director on the ground that the testimony or reports constitute hearsay or privileged communications.
[ 1991 c 334 s 22.]

catchline: Inability to practice by reason of a mental or physical condition—Statement of charges—Hearing—Sanctions—Examinations—Presumed consent.


title: RCW 18.170.230

text:
Upon a finding that a license holder or applicant has committed unprofessional conduct or is unable to practice with reasonable skill and safety due to a physical or mental condition, the director may issue an order providing for one or any combination of the following:
(1) Revocation of the license;
(2) Suspension of the license for a fixed or indefinite term;
(3) Restriction or limitation of the practice;
(4) Requiring the satisfactory completion of a specific program of remedial education or treatment;
(5) Monitoring of the practice by a supervisor approved by the director;
(6) Censure or reprimand;
(7) Compliance with conditions of probation for a designated period of time;
(8) Withholding a license request;
(9) Other corrective action;
(10) Refund of fees billed to and collected from the consumer; or
(11) The assessment of administrative penalties.
Any of the actions under this section may be totally or partly stayed by the director. All costs associated with compliance with orders issued under this section are the obligation of the license holder or applicant.
[ 1995 c 277 s 15; 1991 c 334 s 23.]

catchline: Unprofessional conduct or inability to practice—Penalties.


title: RCW 18.170.280

text:
The director, in implementing and administering the provisions of this chapter, shall act in accordance with the administrative procedure act, chapter 34.05 RCW.
[ 1991 c 334 s 28.]

catchline: Application of administrative procedure act to acts of the director.


title: RCW 18.170.290

text:
The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
[ 2002 c 86 s 250.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Uniform regulation of business and professions act.


title: RCW 18.170.300

text:
The director has the authority to negotiate reciprocity agreements with other states allowing licensed security officers from Washington to work in those other states.
[ 2004 c 50 s 3.]

catchline: Reciprocity agreements.


title: RCW 18.170.310

text:
An applicant with military training or experience satisfies the training or experience requirements of this chapter unless the director determines that the military training or experience is not substantially equivalent to the standards of this state.
[ 2011 c 351 s 11.]

catchline: Military training or experience.


title: RCW 18.170.902

text:
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 shall take effect immediately [May 9, 1995].
[ 1995 c 277 s 41.]

catchline: Effective date—1995 c 277.


title: RCW 18.180.010

text:
(1) Except as provided in subsection (2) of this section, a person who serves legal process for a fee in the state of Washington shall:
(a) Be eighteen years of age or older;
(b) Be a resident of the state of Washington; and
(c) Register as a process server with the auditor of the county in which the process server resides or operates his or her principal place of business.
(2) The requirements under subsection (1)(b) and (c) of this section do not apply to any of the following persons:
(a) A sheriff, deputy sheriff, marshal, constable, or government employee who is acting in the course of employment;
(b) An attorney or the attorney's employees, who are not serving process on a fee basis;
(c) A person who is court appointed to serve the court's process;
(d) A person who does not receive a fee or wage for serving process;
(e) A private investigator licensed under chapter 18.165 RCW.
[ 2014 c 203 s 1; 2010 c 108 s 1; 1992 c 125 s 1.]

catchline: Requirements for process servers—Exceptions.


title: RCW 18.180.020

text:
A process server required to register under RCW 18.180.010 must renew the registration within one year of the date of the initial registration or when the registrant changes his or her name, the name of his or her business, business address, or business telephone number, whichever occurs sooner. If the renewal is required because of a change in the information identifying the process server, the process server must renew the registration within ten days of the date the identifying information changes. The process server shall pay the registration fee upon renewal.
[ 1992 c 125 s 3.]

catchline: Registration renewal.


title: RCW 18.180.030

text:
(1) A process server required to register under RCW 18.180.010 shall indicate the process server's registration number and the process server's county of registration on any proof of service the process server signs.
(2) Employees of a process server required to register under RCW 18.180.010 shall indicate the employer's registration number and the employer's county of registration on any proof of service the registrant's employee signs.
[ 1992 c 125 s 4.]

catchline: Identification of process server on proof of service.


title: RCW 18.180.035

text:
(1) A process server required to register under RCW 18.180.010(1) or exempt from registration under *RCW 18.180.010(2) (a), (c), or (d) shall be allowed to charge and collect the following fees in civil actions, suits, and proceedings for each service assignment delivered to the process server for service:
(a) If the fee is not greater than one hundred dollars, then the actual amount charged to a party for service;
(b) If the fee is greater than one hundred dollars, then a reasonable amount charged to a party for service.
(2) Any fees allowable under this section, and actually charged by a process server, shall be a reasonable cost awarded to, and recoverable by, the party incurring same if that party prevails in an action.
[ 2007 c 121 s 2.]
Notes:
*Reviser's note: RCW 18.180.010 was amended by 2010 c 108 s 1, deleting subsection (2)(d).

catchline: Fees—Limitations.


title: RCW 18.180.040

text:
(1) Except as provided in subsection (2) of this section, any person who is otherwise entitled to collect the costs of service of process shall not be entitled to collect those costs if the person does not use a process server who under this chapter either is required to register or is exempt from the registration requirement.
(2) The person may collect the costs of the service of process if the process server registers within forty-five days after serving the process.
(3) This section shall apply to all process served on or after August 1, 1992.
[ 1992 c 125 s 5.]

catchline: Collection of costs of service—Application.


title: RCW 18.180.900

text:
Nothing in this act modifies Superior Court Civil Rule 4.
[ 1992 c 125 s 7.]

catchline: Construction—1992 c 125.


title: RCW 18.185.005

text:
The legislature declares that the licensing of bail bond agents should be uniform throughout the state. Therefore, it is the intent of the legislature to preempt any local regulation of bail bond agents, including licensing fees, but not including local business license fees. Nothing in this chapter limits the discretion of the courts of this state to accept or reject a particular surety or recognizance bond in a particular case.
[ 1993 c 260 s 1.]

catchline: Declaration, intent, construction.


title: RCW 18.185.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of licensing.
(2) "Director" means the director of licensing.
(3) "Commission" means the criminal justice training commission.
(4) "Collateral or security" means property of any kind given as security to obtain a bail bond.
(5) "Bail bond agency" means a business that sells and issues corporate surety bail bonds or that provides security in the form of personal or real property to ensure the appearance of a criminal defendant before the courts of this state or the United States.
(6) "Qualified agent" means an owner, sole proprietor, partner, manager, officer, or chief operating officer of a corporation who meets the requirements set forth in this chapter for obtaining a bail bond agency license.
(7) "Bail bond agent" means a person who is employed by a bail bond agency and engages in the sale or issuance of bail bonds, but does not mean a clerical, secretarial, or other support person who does not participate in the sale or issuance of bail bonds.
(8) "Licensee" means a bail bond agency, a bail bond agent, a qualified agent, or a bail bond recovery agent.
(9) "Branch office" means any office physically separated from the principal place of business of the licensee from which the licensee or an employee or agent of the licensee conducts any activity meeting the criteria of a bail bond agency.
(10) "Bail bond recovery agent" means a person who is under contract with a bail bond agent to receive compensation, reward, or any other form of lawful consideration for locating, apprehending, and surrendering a fugitive criminal defendant for whom a bail bond has been posted. "Bail bond recovery agent" does not include a general authority Washington peace officer or a limited authority Washington peace officer.
(11) "Contract" means a written agreement between a bail bond agent or qualified agent and a bail bond recovery agent for the purpose of locating, apprehending, and surrendering a fugitive criminal defendant in exchange for lawful consideration.
(12) "Planned forced entry" means a premeditated forcible entry into a dwelling, building, or other structure without the occupant's knowledge or consent for the purpose of apprehending a fugitive criminal defendant subject to a bail bond. "Planned forced entry" does not include situations where, during an imminent or actual chase or pursuit of a fleeing fugitive criminal defendant, or during a casual or unintended encounter with the fugitive, the bail bond recovery agent forcibly enters into a dwelling, building, or other structure without advanced planning.
[ 2004 c 186 s 2; 2000 c 171 s 40; 1996 c 242 s 1; 1993 c 260 s 2.]
Notes:
Legislative recognition—2004 c 186: "The legislature recognizes that bail bond agents and bail bond recovery agents serve a necessary and important purpose in the criminal justice system by locating, apprehending, and surrendering fugitive criminal defendants. The legislature also recognizes that locating, apprehending, and surrendering fugitives requires special skills and expertise; that bail bond agents and bail bond recovery agents are often required to perform their duties under stressful and demanding conditions; and that it serves the public interest to have qualified people performing such essential functions. Therefore, bail bond agencies that use the services of bail bond recovery agents must, in the interest of public safety, use bail bond recovery agents who possess the knowledge and competence necessary for the job." [ 2004 c 186 s 1.]

catchline: Definitions.


title: RCW 18.185.015

text:
Pursuant to RCW 43.24.086 and 43.135.055, the department may increase fees as necessary to defray the cost of administering *chapter 105, Laws of 2008 (Engrossed Substitute Senate Bill No. 6347).
[ 2008 c 285 s 29.]
Notes:
*Reviser's note: 2008 c 285 s 29 referenced Engrossed Substitute Senate Bill No. 6347. Engrossed Substitute Senate Bill No. 6437 was apparently intended.
Intent—Captions not law—Effective date—2008 c 285: See notes following RCW 43.22.434.

catchline: Cost of administration—Fees.


title: RCW 18.185.020

text:
An applicant must meet the following minimum requirements to obtain a bail bond agent license:
(1) Be at least eighteen years of age;
(2) Not have been convicted of a crime in any jurisdiction in the preceding ten years, if the director determines that the applicant's particular crime directly relates to a capacity to perform the duties of a bail bond agent and the director determines that the license should be withheld to protect the citizens of Washington state. If the director shall make a determination to withhold a license because of previous convictions, the determination shall be consistent with the restoration of employment rights act, chapter 9.96A RCW;
(3) Be employed by a bail bond agency or be licensed as a bail bond agency; and
(4) Pay the required fee.
[ 2024 c 50 s 7; 1993 c 260 s 3.]
Notes:
Effective date—2024 c 50: See note following RCW 18.415.010.

catchline: Agent license requirements.


title: RCW 18.185.030

text:
(1) In addition to meeting the minimum requirements to obtain a license as a bail bond agent, a qualified agent must meet the following additional requirements to obtain a bail bond agency license:
(a) Pass an examination determined by the director to measure the person's knowledge and competence in the bail bond agency business; or
(b) Have had at least three years' experience as a manager, supervisor, or administrator in the bail bond business or a related field in Washington state as determined by the director. A year's experience means not less than two thousand hours of actual compensated work performed before the filing of an application. An applicant shall substantiate the experience by written certifications from previous employers. If the applicant is unable to supply written certifications from previous employers, applicants may offer written certifications from persons other than employers who, based on personal knowledge, can substantiate the employment; and
(c) Pay any additional fees as established by the director.
(2) An agency license issued under this section may not be assigned or transferred without prior written approval of the director.
[ 2008 c 105 s 1; 1993 c 260 s 4.]

catchline: Agency license requirements.


title: RCW 18.185.040

text:
(1) Applications for licenses required under this chapter shall be filed with the director on a form provided by the director. The director may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria, including fingerprints.
(2) Applicants for licensure or endorsement as a bail bond recovery agent must complete a records check through the Washington state patrol criminal identification system and through the federal bureau of investigation at the applicant's expense. Such record check shall include a fingerprint check using a Washington state patrol approved fingerprint card. The Washington state patrol shall forward the fingerprints of applicants to the federal bureau of investigation for a national criminal history records check. The director may accept proof of a recent national crime information center/III criminal background report or any national or interstate criminal background report in addition to fingerprints to accelerate the licensing and endorsement process. The director is authorized to periodically perform a background investigation of licensees to identify criminal convictions subsequent to the renewal of a license or endorsement.
[ 2004 c 186 s 4; 1993 c 260 s 5.]
Notes:
Legislative recognition—2004 c 186: See note following RCW 18.185.010.

catchline: License applications.


title: RCW 18.185.050

text:
(1) The director shall issue a bail bond agent license card to each licensed bail bond agent. A bail bond agent shall carry the license card whenever he or she is performing the duties of a bail bond agent and shall exhibit the card upon request.
(2) The director shall issue a license certificate to each licensed bail bond agency.
(a) Within seventy-two hours after receipt of the license certificate, the licensee shall post and display the certificate in a conspicuous place in the principal office of the licensee within the state.
(b) It is unlawful for any person holding a license certificate to knowingly and willfully post the license certificate upon premises other than those described in the license certificate or to materially alter a license certificate.
(c) Every advertisement by a licensee that solicits or advertises business shall contain the name of the licensee, the address of record, and the license number as they appear in the records of the director.
(d) The licensee shall notify the director within thirty days of any change in the licensee's officers or directors or any material change in the information furnished or required to be furnished to the director.
[ 1993 c 260 s 6.]

catchline: License cards, certificates—Advertising—Notice of changes.


title: RCW 18.185.056

text:
The director shall immediately suspend any license issued under this chapter if the director receives information that the license holder has not complied with RCW 74.08.580(2). If the license holder has otherwise remained eligible to be licensed, the director may reinstate the suspended license when the holder has complied with RCW 74.08.580(2).
[ 2011 1st sp.s. c 42 s 18.]
Notes:
Findings—Intent—Effective date—2011 1st sp.s. c 42: See notes following RCW 74.08A.260.
Finding—2011 1st sp.s. c 42: See note following RCW 74.04.004.

catchline: License suspension—Electronic benefit cards.


title: RCW 18.185.057

text:
The director shall immediately suspend any license issued under this chapter if the holder has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.
[ 1997 c 58 s 840.]
Notes:
*Reviser's note: 1997 c 58 s 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.

catchline: License suspension—Noncompliance with support order—Reissuance.


title: RCW 18.185.060

text:
(1) The director shall adopt rules establishing prelicense training and testing requirements for bail bond agents, which shall include no less than four hours of classes. The director may establish, by rule, continuing education requirements for bail bond agents.
(2) The director or the director's designee, with the advice of law enforcement agencies and associations, the criminal justice training commission, prosecutors' associations, or such other entities as may be appropriate, shall consult with representatives of the bail bond industry and associations before adopting or amending the prelicensing training or continuing education requirements of this section.
(3) The director may appoint an advisory committee consisting of representatives from the bail bond industry and a consumer to assist in the development of rules to implement and administer this chapter.
[ 2008 c 105 s 2; 1993 c 260 s 7.]

catchline: Prelicensing training and continuing education requirements.


title: RCW 18.185.070

text:
(1) No bail bond agency license may be issued under the provisions of this chapter unless the qualified agent files with the director a bond, executed by a surety company authorized to do business in this state, in the sum of ten thousand dollars conditioned to recover against the agency and its servants, officers, agents, and employees by reason of its violation of the provisions of RCW 18.185.100. The bond shall be made payable to the state of Washington, and anyone so injured by the agency or its servants, officers, agents, or employees may bring suit upon the bond in any county in which jurisdiction over the licensee may be obtained. The suit must be brought not later than two years after the failure to return property in accordance with RCW 18.185.100. If valid claims against the bond exceed the amount of the bond or deposit, each claimant shall be entitled only to a pro rata amount, based on the amount of the claim as it is valid against the bond, without regard to the date of filing of any claim or action.
(2) Every licensed bail bond agency must at all times maintain on file with the director the bond required by this section in full force and effect. Upon failure by a licensee to do so, the director shall suspend the licensee's license and shall not reinstate the license until this requirement is met.
(3) In lieu of posting a bond, a qualified agent may deposit in an interest-bearing account, ten thousand dollars.
(4) The director may waive the bond requirements of this section, in his or her discretion, pursuant to adopted rules.
[ 1993 c 260 s 8.]

catchline: Bond.


title: RCW 18.185.080

text:
(1) The provisions of this chapter relating to the licensing for regulatory purposes of bail bond agents and bail bond agencies are exclusive. No governmental subdivision of this state may enact any laws or rules licensing for regulatory purposes such persons, except as provided in subsections (2) and (3) of this section.
(2) This section shall not be construed to prevent a political subdivision of this state from levying a business fee, business and occupation tax, or other tax upon bail bond agencies if such fees or taxes are levied by the political subdivision on other types of businesses within its boundaries.
(3) This section shall not be construed to prevent this state or a political subdivision of this state from licensing for regulatory purposes bail bond agencies with respect to activities that are not regulated under this chapter.
[ 1993 c 260 s 9.]

catchline: Relation of this chapter to local regulation, taxation.


title: RCW 18.185.090

text:
(1) A bail bond agency shall notify the director within thirty days after the death or termination of employment of any employee who is a licensed bail bond agent.
(2) A bail bond agency shall notify the director within seventy-two hours upon receipt of information affecting a licensed bail bond agent's continuing eligibility to hold a license under the provisions of this chapter.
(3) A bail bond agent or bail bond recovery agent shall notify the director within seventy-two hours upon receipt of information affecting the bail bond recovery agent's continuing eligibility to hold a bail bond recovery agent's license under the provisions of this chapter.
(4) A bail bond recovery agent shall notify the director within ten business days following a forced entry for the purpose of apprehending a fugitive criminal defendant, whether planned or unplanned. The notification under this subsection must include information required by rule of the director.
(5) A bail bond recovery agent shall notify the local law enforcement agency whenever the bail bond recovery agent discharges his or her firearm while on duty, other than on a supervised firearms range. The notification must be made within ten business days of the date the firearm is discharged.
[ 2008 c 105 s 3; 2004 c 186 s 7; 1993 c 260 s 10.]
Notes:
Legislative recognition—2004 c 186: See note following RCW 18.185.010.

catchline: Notice concerning agent's status—Forced entry—Discharge of firearm.


title: RCW 18.185.100

text:
(1) Every qualified agent shall keep adequate records for three years of all collateral and security received, all trust accounts required by this section, and all bail bond transactions handled by the bail bond agency, as specified by rule. The records shall be open to inspection without notice by the director or authorized representatives of the director.
(2) Every qualified agent who receives collateral or security is a fiduciary of the property and shall keep adequate records for three years of the receipt, safekeeping, and disposition of the collateral or security. Every qualified agent shall maintain a trust account in a federally insured financial institution located in this state. All moneys, including cash, checks, money orders, wire transfers, and credit card sales drafts, received as collateral or security or otherwise held for a bail bond agency's client shall be deposited in the trust account not later than the third banking day following receipt of the funds or money. A qualified agent shall not in any way encumber the corpus of the trust account or commingle any other moneys with moneys properly maintained in the trust account. Each qualified agent required to maintain a trust account shall report annually under oath to the director the account number and balance of the trust account, and the name and address of the institution that holds the trust account, and shall report to the director within ten business days whenever the trust account is changed or relocated or a new trust account is opened.
(3) Whenever a bail bond is exonerated by the court, the qualified agent shall, within five business days after written notification of exoneration, return all collateral or security to the person entitled thereto.
(4) Records of contracts for fugitive apprehension must be retained by the bail bond agent and by the bail bond recovery agent for a period of three years.
[ 2004 c 186 s 8; 1996 c 242 s 3; 1993 c 260 s 11.]
Notes:
Legislative recognition—2004 c 186: See note following RCW 18.185.010.


title: RCW 18.185.110

text:
In addition to the unprofessional conduct described in RCW 18.235.130, the following conduct, acts, or conditions constitute unprofessional conduct:
(1) Violating any of the provisions of this chapter or the rules adopted under this chapter;
(2) Failing to meet the qualifications set forth in RCW 18.185.020, 18.185.030, and 18.185.250;
(3) Knowingly committing, or being a party to, any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relies upon the word, representation, or conduct of the licensee. However, this subsection (3) does not prevent a bail bond recovery agent from using any pretext to locate or apprehend a fugitive criminal defendant or gain any information regarding the fugitive;
(4) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.185.030 or 18.185.250;
(5) Conversion of any money or contract, deed, note, mortgage, or other evidence of title, to his or her own use or to the use of his or her principal or of any other person, when delivered to him or her in trust or on condition, in violation of the trust or before the happening of the condition; and failure to return any money or contract, deed, note, mortgage, or other evidence of title within thirty days after the owner is entitled to possession, and makes demand for possession, shall be prima facie evidence of conversion;
(6) Failing to keep records, maintain a trust account, or return collateral or security, as required by RCW 18.185.100;
(7) Any conduct in a bail bond transaction which demonstrates bad faith, dishonesty, or untrustworthiness;
(8) Violation of an order to cease and desist that is issued by the director under chapter 18.235 RCW;
(9) Wearing, displaying, holding, or using badges not approved by the department;
(10) Making any statement that would reasonably cause another person to believe that the bail bond recovery agent is a sworn peace officer;
(11) Failing to carry a copy of the contract or to present a copy of the contract as required under RCW 18.185.270(1);
(12) Using the services of an unlicensed bail bond recovery agent or using the services of a bail bond recovery agent without issuing the proper contract;
(13) Misrepresenting or knowingly making a material misstatement or omission in the application for a license;
(14) Using the services of a person performing the functions of a bail bond recovery agent who has not been licensed by the department as required by this chapter;
(15) Performing the functions of a bail bond recovery agent without being both (a) licensed under this chapter or supervised by a licensed bail bond recovery agent under RCW 18.185.290; and (b) under contract with a bail bond agent;
(16) Performing the functions of a bail bond recovery agent without exercising due care to protect the safety of persons other than the defendant and the property of persons other than the defendant;
(17) Using a dog in the apprehension of a fugitive criminal defendant;
(18) Using the position of a bail bond recovery agent to enforce a civil immigration warrant as defined in RCW 43.17.420; or
(19) Failing to keep confidential by sharing a defendant's immigration status to anyone outside the bail bond agency's business.
[ 2025 c 237 s 1; 2008 c 105 s 4; 2007 c 256 s 2; 2004 c 186 s 9; 2002 c 86 s 251; 1993 c 260 s 12.]
Notes:
Legislative recognition—2004 c 186: See note following RCW 18.185.010.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Unprofessional conduct.


title: RCW 18.185.115

text:
Entering into a contract, including a general power of attorney, that gives a bail bond agent full authority over a person's finances, assets, real property, or personal property creates a presumption of unprofessional conduct that may be overcome by a preponderance of the evidence presented to the department to the contrary. The department has the discretion to determine whether or not the bail bond agency or agent has overcome the presumption and if unprofessional conduct was committed.
[ 2016 c 73 s 1.]

catchline: Unprofessional conduct—Certain contracts—General power of attorney—Presumption.


title: RCW 18.185.120

text:
In addition to those powers set forth in RCW 18.235.030, the director or the director's designee has the authority to order restitution to the person harmed by the licensee.
[ 2007 c 256 s 3; 2002 c 86 s 252; 1993 c 260 s 13.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Director's powers.


title: RCW 18.185.130

text:
Any person may submit a written complaint to the department charging a license holder or applicant with unprofessional conduct and specifying the grounds for the charge. If the director determines that the complaint merits investigation, or if the director has reason to believe, without a formal complaint, that a license holder or applicant may have engaged in unprofessional conduct, the director shall investigate to determine if there has been unprofessional conduct. A person who files a complaint under this section in good faith is immune from suit in any civil action related to the filing or contents of the complaint.
[ 1993 c 260 s 14.]

catchline: Complaints.


title: RCW 18.185.140

text:
When a statement of charges is issued against a license holder or applicant under RCW 18.235.050, notice of this action must be given to the owner or qualified agent of the employing bail bond agency.
[ 2002 c 86 s 253; 1993 c 260 s 15.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Statement of charges—Notice.


title: RCW 18.185.170

text:
(1) Any person who performs the functions and duties of a bail bond agent in this state without being licensed in accordance with the provisions of this chapter, or any person presenting or attempting to use as his or her own the license of another, or any person who gives false or forged evidence of any kind to the director in obtaining a license, or any person who falsely impersonates any other licensee, or any person who attempts to use an expired or revoked license, or any person who violates any of the provisions of this chapter is guilty of a gross misdemeanor.
(2) A person is guilty of a gross misdemeanor if the person owns or operates a bail bond agency in this state without first obtaining a bail bond agency license.
(3) The owner or qualified agent of a bail bond agency is guilty of a gross misdemeanor if the owner or qualified agent employs any person to perform the duties of a bail bond agent without the employee having in the employee's possession a permanent bail bond agent license issued by the department.
(4) After December 31, 2005, a person is guilty of a gross misdemeanor if the person:
(a) Performs the functions of a bail bond recovery agent without first obtaining a license from the department and entering into a contract with a bail bond agent as required by this chapter; or, in the case of a bail bond recovery agent from another state, the person performs the functions of a bail bond recovery agent without operating under the direct supervision of a licensed bail bond recovery agent as required by this chapter; or
(b) Conducts a planned forced entry without first complying with the requirements of this chapter.
[ 2004 c 186 s 13; 2002 c 86 s 254; 1993 c 260 s 18.]
Notes:
Legislative recognition—2004 c 186: See note following RCW 18.185.010.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Unlicensed activity—Criminal penalties.


title: RCW 18.185.200

text:
The director, in implementing and administering the provisions of this chapter, shall act in accordance with the Administrative Procedure Act, chapter 34.05 RCW.
[ 1993 c 260 s 21.]

catchline: Application of Administrative Procedure Act.


title: RCW 18.185.210

text:
Failure to fulfill the fiduciary duties and other duties as prescribed in RCW 18.185.100 is not reasonable in relation to the development and preservation of business. A violation of RCW 18.185.100 is an unfair or deceptive act in trade or commerce for the purpose of applying the Consumer Protection Act, chapter 19.86 RCW.
[ 1993 c 260 s 22.]

catchline: Application of Consumer Protection Act.


title: RCW 18.185.220

text:
A branch office may not operate under a business name other than the name of the principal bail bond agency and must have a qualified bail bond agent as manager of the office. The qualified agent shall comply with the provisions of RCW 18.185.100.
[ 1996 c 242 s 2.]

catchline: Branch office—Qualified bail bond agent as manager.


title: RCW 18.185.230

text:
If a licensee maintains a branch office, the licensee shall not operate that branch office until a branch office license has been received from the director. A bail bond agency may apply to the director for authority to establish one or more branch offices under the same name as the main office upon the payment of a fee as prescribed by the director by rule. The director shall issue a separate license for each branch office showing the location of each branch which shall be prominently displayed in the office for which it is issued. A corporation, partnership, or sole proprietorship shall not establish more than one principal office within this state.
[ 1996 c 242 s 4.]

catchline: License required for branch office.


title: RCW 18.185.240

text:
The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
[ 2002 c 86 s 255.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Uniform regulation of business and professions act.


title: RCW 18.185.250

text:
An applicant must meet the following requirements to obtain a bail bond recovery agent license:
(1) Submit a fully completed application that includes proper identification on a form prescribed by the director;
(2) Pass an examination determined by the director to measure his or her knowledge and competence in the bail recovery business;
(3) Be at least twenty-one years old;
(4) Be a citizen or noncitizen legally residing in the United States;
(5) Not have been convicted of a crime in any jurisdiction, if the director determines that the applicant's particular crime directly relates to a capacity to perform the duties of a bail bond recovery agent, and that the license should be withheld to protect the citizens of Washington state. The director shall make the director's determination to withhold a license because of previous convictions notwithstanding the restoration of employment rights act, chapter 9.96A RCW;
(6) Not have had certification as a peace officer revoked or denied under chapter 43.101 RCW, unless certification has subsequently been reinstated under RCW 43.101.115;
(7) Submit a receipt showing payment for a background check through the Washington state patrol and the federal bureau of investigation;
(8) Have a current firearms certificate issued by the commission if carrying a firearm in the performance of his or her duties as a bail bond recovery agent;
(9)(a) Have a current license or equivalent permit to carry a concealed pistol;
(b) A resident noncitizen must provide a copy of his or her noncitizen firearm license; and
(10)(a) Pay the required nonrefundable fee for each application for a bail bond recovery agent license;
(b) A bail bond agent or qualified agent who wishes to perform the duties of a bail bond recovery agent must first obtain a bail bond recovery agent endorsement to his or her bail bond agent or agency license in order to act as a bail bond recovery agent, and pay the required nonrefundable fee for each application for a bail bond recovery agent endorsement.
[ 2026 c 36 s 24; 2008 c 105 s 5; 2004 c 186 s 3.]
Notes:
Legislative recognition—2004 c 186: See note following RCW 18.185.010.

catchline: Bail bond recovery agent license—Requirements.


title: RCW 18.185.260

text:
(1) The director shall adopt rules establishing prelicense training and testing requirements for bail bond recovery agents, which shall include no less than thirty-two hours of field operations classes. The director may establish, by rule, continuing education and recertification requirements for bail bond recovery agents.
(2) The director or the director's designee, with the advice of law enforcement agencies and associations, the criminal justice training commission, prosecutors' associations, or such other entities as may be appropriate, shall consult with representatives of the bail bond industry and associations before adopting or amending the prelicensing training, testing, and continuing education and recertification requirements of this section and shall establish minimum exam standards necessary for a bail bond recovery agent to qualify for licensure or endorsement.
(3) The standards must include, but are not limited to, the following:
(a) A minimum level of education or experience appropriate for performing the duties of a bail bond recovery agent;
(b) A minimum level of knowledge in relevant areas of criminal and civil law;
(c) A minimum level of knowledge regarding the appropriate use of force and different degrees of the use of force; and
(d) Adequate training of the use of firearms from the criminal justice training commission, from an instructor who has been trained or certified by the criminal justice training commission, or from another entity approved by the director.
(4) The legislature does not intend, and nothing in this chapter shall be construed to restrict or limit in any way the powers of bail bond agents as recognized in and derived from the United States supreme court case of Taylor v. Taintor, 16 Wall. 366 (1872).
[ 2008 c 105 s 6; 2004 c 186 s 5.]
Notes:
Legislative recognition—2004 c 186: See note following RCW 18.185.010.

catchline: Bail bond recovery agents—Prelicense training/testing requirements—Continuing education requirements—Rules.


title: RCW 18.185.270

text:
(1) Each fugitive criminal defendant to be recovered will be treated as an individual contract between the bail bond agent and the bail bond recovery agent. A bail bond agent shall provide a bail bond recovery agent a copy of each individual contract. A bail bond recovery agent must carry, in addition to the license issued by the department, a copy of the contract and, if requested, must present a copy of the contract and the license to the fugitive criminal defendant, the owner or manager of the property in which the agent entered in order to locate or apprehend the fugitive, other residents, if any, of the residence in which the agent entered in order to locate or apprehend the fugitive, and to the local law enforcement agency or officer. If presenting a copy of the contract or the license at the time of the request would unduly interfere with the location or apprehension of the fugitive, the agent shall present the copy of the contract or the license within a reasonable period of time after the exigent circumstances expire.
(2) The director, or the director's designee, with the advice of the bail bond industry and associations, law enforcement agencies and associations, and prosecutors' associations shall develop a format for the contract. At a minimum, the contract must include the following:
(a) The name, address, phone number, and license number of the bail bond agency or bail bond agent contracting with the bail bond recovery agent;
(b) The name and license number of the bail bond recovery agent; and
(c) The name, last known address, and phone number of the fugitive.
[ 2004 c 186 s 6.]
Notes:
Legislative recognition—2004 c 186: See note following RCW 18.185.010.

catchline: Bail bond agent/bail bond recovery agent—Each fugitive an individual contract—Format of contract.


title: RCW 18.185.280

text:
(1) A person may not perform the functions of a bail bond recovery agent unless the person is licensed by the department under this chapter.
(2) A bail bond agent may contract with a person to perform the functions of a bail bond recovery agent. Before contracting with the bail bond recovery agent, the bail bond agent must check the license issued by the department under this chapter. The requirements established by the department under this chapter do not prevent the bail bond agent from imposing additional requirements that the bail bond agent considers appropriate.
(3) A contract entered into under this chapter is authority for the person to perform the functions of a bail bond recovery agent as specifically authorized by the contract and in accordance with applicable law. A contract entered into by a bail bond agent with a bail bond recovery agent is not transferable by the bail bond recovery agent to another bail bond recovery agent.
(4) Whenever a person licensed by the department as a bail bond recovery agent is engaged in the performance of the person's duties as a bail bond recovery agent, the person must carry a copy of the license.
(5) A license or endorsement issued by the department under this chapter is valid from the date the license or endorsement is issued until its expiration date unless it is suspended or revoked by the department prior to its expiration date.
(6) Nothing in this chapter is meant to prevent a bail bond agent from contacting a fugitive criminal defendant for the purpose of requesting the surrender of the fugitive, or from accepting the voluntary surrender of the fugitive.
[ 2008 c 105 s 7; 2004 c 186 s 10.]
Notes:
Legislative recognition—2004 c 186: See note following RCW 18.185.010.

catchline: Bail bond recovery agent, generally.


title: RCW 18.185.290

text:
A bail bond recovery agent from another state who is not licensed under this chapter may not perform the functions of a bail bond recovery agent in this state unless the agent is working under the direct supervision of a licensed bail bond recovery agent.
[ 2004 c 186 s 11.]
Notes:
Legislative recognition—2004 c 186: See note following RCW 18.185.010.

catchline: Out-of-state bail bond recovery agent.


title: RCW 18.185.300

text:
(1) Before a bail bond recovery agent may apprehend a person subject to a bail bond in a planned forced entry, the bail bond recovery agent must:
(a) Have reasonable cause to believe that the defendant is inside the dwelling, building, or other structure where the planned forced entry is expected to occur; and
(b) Notify an appropriate law enforcement agency in the local jurisdiction in which the apprehension is expected to occur. Notification must include, at a minimum: The name of the defendant; the address, or the approximate location if the address is undeterminable, of the dwelling, building, or other structure where the planned forced entry is expected to occur; the name of the bail bond recovery agent; the name of the contracting bail bond agent; and the alleged offense or conduct the defendant committed that resulted in the issuance of a bail bond.
(2) During the actual planned forced entry, a bail bond recovery agent:
(a) Shall wear a shirt, vest, or other garment with the words "BAIL BOND RECOVERY AGENT," "BAIL ENFORCEMENT," or "BAIL ENFORCEMENT AGENT" displayed in at least two-inch-high reflective print letters across the front and back of the garment and in a contrasting color to that of the garment; and
(b) May display a badge approved by the department with the words "BAIL BOND RECOVERY AGENT," "BAIL ENFORCEMENT," or "BAIL ENFORCEMENT AGENT" prominently displayed.
(3) Any law enforcement officer who assists in or is in attendance during a planned forced entry is immune from civil action for damages arising out of actions taken by the bail bond recovery agent or agents conducting the forced entry.
[ 2008 c 105 s 8; 2004 c 186 s 12.]
Notes:
Legislative recognition—2004 c 186: See note following RCW 18.185.010.

catchline: Bail bond recovery agent—Planned forced entry—Requirements.


title: RCW 18.185.310

text:
An applicant with military training or experience satisfies the training or experience requirements of this chapter unless the director determines that the military training or experience is not substantially equivalent to the standards of this state.
[ 2011 c 351 s 12.]

catchline: Military training or experience.


title: RCW 18.185.901

text:
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 shall take effect July 1, 1993.
[ 1993 c 260 s 25.]
Notes:
Implementation—1993 c 260: "The director of licensing may take such steps as are necessary to ensure that this act is implemented on its effective date." [ 1993 c 260 s 24.]

catchline: Effective date—1993 c 260.


title: RCW 18.19.010

text:
The qualifications and practices of counselors in this state are virtually unknown to potential clients. Beyond the regulated practices of psychiatry and psychology, there are a considerable variety of disciplines, theories, and techniques employed by other counselors under a number of differing titles. The legislature recognizes the right of all counselors to practice their skills freely, consistent with the requirements of the public health and safety, as well as the right of individuals to choose which counselors best suit their needs and purposes. This chapter shall not be construed to require or prohibit that individual or group policies or contracts of an insurance carrier, health care service contractor, or health maintenance organization provide benefits or coverage for services and supplies provided by a person registered under this chapter.
[ 2001 c 251 s 17; 1987 c 512 s 1.]
Notes:
Severability—2001 c 251: See RCW 18.225.900.

catchline: Legislative findings—Insurance benefits not mandated.


title: RCW 18.19.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agency" means (a) an agency or facility operated, licensed, or certified by the state of Washington; (b) a federally recognized Indian tribe located within the state; or (c) a county.
(2) "Agency affiliated counselor" means a person registered, certified, or licensed under this chapter who is employed by an agency or is a student intern, as defined by the department.
(3) "Certified adviser" means a person certified under this chapter who is engaged in private practice counseling to the extent authorized in RCW 18.19.200.
(4) "Certified agency affiliated counselor" means a person certified under this chapter who is engaging in counseling to the extent authorized in RCW 18.19.215.
(5) "Certified counselor" means a person certified under this chapter who is engaged in private practice counseling to the extent authorized in RCW 18.19.200.
(6) "Client" means an individual who receives or participates in counseling or group counseling.
(7) "Counseling" means employing any therapeutic techniques, including but not limited to social work, mental health counseling, marriage and family therapy, and hypnotherapy, for a fee that offer, assist or attempt to assist an individual or individuals in the amelioration or adjustment of mental, emotional, or behavioral problems, and includes therapeutic techniques to achieve sensitivity and awareness of self and others and the development of human potential. For the purposes of this chapter, nothing may be construed to imply that the practice of hypnotherapy is necessarily limited to counseling.
(8) "Counselor" means an individual, practitioner, therapist, or analyst who engages in the practice of counseling to the public for a fee, including for the purposes of this chapter, hypnotherapists.
(9) "Department" means the department of health.
(10) "Hypnotherapist" means a person registered under this chapter who is practicing hypnosis as a modality.
(11) "Licensed agency affiliated counselor" means a person licensed under this chapter who is engaged in counseling to the extent authorized in RCW 18.19.215.
(12) "Mental health professional" has the same definition as under RCW 71.05.020.
(13) "Private practice counseling" means the practice of counseling by a certified counselor or certified adviser as specified in RCW 18.19.200.
(14) "Psychotherapy" means the practice of counseling using diagnosis of mental disorders according to the fourth edition of the diagnostic and statistical manual of mental disorders, published in 1994, and the development of treatment plans for counseling based on diagnosis of mental disorders in accordance with established practice standards.
(15) "Registered agency affiliated counselor" means a person registered under this chapter who is engaged in counseling to the extent authorized in RCW 18.19.215. This includes juvenile probation counselors who are employees of the juvenile court under RCW 13.04.035 and 13.04.040 and juvenile court employees providing functional family therapy, aggression replacement training, or other evidence-based programs approved by the department of children, youth, and families. A student intern as defined by the department may be a registered agency affiliated counselor.
(16) "Secretary" means the secretary of the department or the secretary's designee.
[ 2023 c 425 s 13; 2021 c 170 s 4; 2019 c 470 s 3; 2011 c 86 s 1; 2010 1st sp.s. c 20 s 1; 2008 c 135 s 1; 2001 c 251 s 18; 1991 c 3 s 19; 1987 c 512 s 3.]
Notes:
Effective date—2023 c 425 ss 1-7, 13-20, and 22-26: See note following RCW 18.83.170.
Findings—Intent—2021 c 170: See note following RCW 71.24.887.
Effective date—2010 1st sp.s. c 20: "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 13, 2010]." [ 2010 1st sp.s. c 20 s 2.]
Effective date—2008 c 135 ss 1, 2, 7-9, and 11-19: "Sections 1, 2, 7 through 9, and 11 through 19 of this act take effect July 1, 2009." [ 2008 c 135 s 21.]
Severability—2001 c 251: See RCW 18.225.900.
PDF
RCW 18.19.020
Definitions. (Effective January 1, 2028.)
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agency" means (a) an agency or facility operated, licensed, or certified by the state of Washington; (b) a federally recognized Indian tribe located within the state; (c) a county; or (d) a federally qualified health center.
(2) "Agency affiliated counselor" means a person registered, certified, or licensed under this chapter who is employed by an agency or is a student intern, as defined by the department.
(3) "Certified adviser" means a person certified under this chapter who is engaged in private practice counseling to the extent authorized in RCW 18.19.200.
(4) "Certified agency affiliated counselor" means a person certified under this chapter who is engaging in counseling to the extent authorized in RCW 18.19.215.
(5) "Certified counselor" means a person certified under this chapter who is engaged in private practice counseling to the extent authorized in RCW 18.19.200.
(6) "Client" means an individual who receives or participates in counseling or group counseling.
(7) "Counseling" means employing any therapeutic techniques, including but not limited to social work, mental health counseling, marriage and family therapy, and hypnotherapy, for a fee that offer, assist or attempt to assist an individual or individuals in the amelioration or adjustment of mental, emotional, or behavioral problems, and includes therapeutic techniques to achieve sensitivity and awareness of self and others and the development of human potential. For the purposes of this chapter, nothing may be construed to imply that the practice of hypnotherapy is necessarily limited to counseling.
(8) "Counselor" means an individual, practitioner, therapist, or analyst who engages in the practice of counseling to the public for a fee, including for the purposes of this chapter, hypnotherapists.
(9) "Department" means the department of health.
(10) "Hypnotherapist" means a person registered under this chapter who is practicing hypnosis as a modality.
(11) "Licensed agency affiliated counselor" means a person licensed under this chapter who is engaged in counseling to the extent authorized in RCW 18.19.215.
(12) "Mental health professional" has the same definition as under RCW 71.05.020.
(13) "Private practice counseling" means the practice of counseling by a certified counselor or certified adviser as specified in RCW 18.19.200.
(14) "Psychotherapy" means the practice of counseling using diagnosis of mental disorders according to the fourth edition of the diagnostic and statistical manual of mental disorders, published in 1994, and the development of treatment plans for counseling based on diagnosis of mental disorders in accordance with established practice standards.
(15) "Registered agency affiliated counselor" means a person registered under this chapter who is engaged in counseling to the extent authorized in RCW 18.19.215. This includes juvenile probation counselors who are employees of the juvenile court under RCW 13.04.035 and 13.04.040 and juvenile court employees providing functional family therapy, aggression replacement training, or other evidence-based programs approved by the department of children, youth, and families. A student intern as defined by the department may be a registered agency affiliated counselor.
(16) "Secretary" means the secretary of the department or the secretary's designee.
[ 2024 c 371 s 1; 2023 c 425 s 13; 2021 c 170 s 4; 2019 c 470 s 3; 2011 c 86 s 1; 2010 1st sp.s. c 20 s 1; 2008 c 135 s 1; 2001 c 251 s 18; 1991 c 3 s 19; 1987 c 512 s 3.]
Notes:
Effective dates—2024 c 371 ss 1-12, 14, and 16: "(1) Section 1 of this act takes effect January 1, 2028.
(2) Sections 2 through 12, 14, and 16 of this act take effect October 1, 2025." [ 2024 c 371 s 23.]
Rule making—2024 c 371 ss 1-16: See note following RCW 18.83.020.
Effective date—2023 c 425 ss 1-7, 13-20, and 22-26: See note following RCW 18.83.170.
Findings—Intent—2021 c 170: See note following RCW 71.24.887.
Effective date—2010 1st sp.s. c 20: "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 13, 2010]." [ 2010 1st sp.s. c 20 s 2.]
Effective date—2008 c 135 ss 1, 2, 7-9, and 11-19: "Sections 1, 2, 7 through 9, and 11 through 19 of this act take effect July 1, 2009." [ 2008 c 135 s 21.]
Severability—2001 c 251: See RCW 18.225.900.

catchline: Definitions. (Effective until January 1, 2028.)


title: RCW 18.19.030

text:
A person may not, as a part of his or her position as an employee of a state agency, practice counseling without being registered, certified, or licensed to practice as an agency affiliated counselor by the department under this chapter unless exempt under RCW 18.19.040.
[ 2023 c 425 s 14; 2008 c 135 s 2; 2001 c 251 s 19; 1991 c 3 s 20; 1987 c 512 s 2.]
Notes:
Effective date—2023 c 425 ss 1-7, 13-20, and 22-26: See note following RCW 18.83.170.
Effective date—2008 c 135 ss 1, 2, 7-9, and 11-19: See note following RCW 18.19.020.
Severability—2001 c 251: See RCW 18.225.900.

catchline: Credential required—Counselors.


title: RCW 18.19.031

text:
The department of health may not issue any new registered counselor credentials after July 1, 2009.
[ 2008 c 135 s 22.]

catchline: Registered counselor credentials—Limitation on issuance.


title: RCW 18.19.035

text:
A person may not, for a fee or as a part of his or her position as an employee of a state agency, practice hypnotherapy without being registered to practice as a hypnotherapist by the department under this chapter unless exempt under RCW 18.19.040.
[ 2008 c 135 s 3.]

catchline: Registration required—Hypnotherapists.


title: RCW 18.19.040

text:
Nothing in this chapter may be construed to prohibit or restrict:
(1) The practice of a profession by a person who is either registered, certified, licensed, or similarly regulated under the laws of this state and who is performing services within the person's authorized scope of practice, including any attorney admitted to practice law in this state when providing counseling incidental to and in the course of providing legal counsel;
(2) The practice of counseling by an employee or trainee of any federal agency, or the practice of counseling by a student of a college or university, if the employee, trainee, or student is practicing solely under the supervision of and accountable to the agency, college, or university, through which he or she performs such functions as part of his or her position for no additional fee other than ordinary compensation;
(3) The practice of counseling by a person for no compensation;
(4) The practice of counseling by persons offering services for public and private nonprofit organizations or charities not primarily engaged in counseling for a fee when approved by the organizations or agencies for whom they render their services;
(5) Evaluation, consultation, planning, policy-making, research, or related services conducted by social scientists for private corporations or public agencies;
(6) The practice of counseling by a person under the auspices of a religious denomination, church, or organization, or the practice of religion itself;
(7) The practice of counseling by peer counselors who use their own experience to encourage and support people with similar conditions or activities related to the training of peer counselors; and
(8) Counselors who reside outside Washington state from providing up to ten days per quarter of training or workshops in the state, as long as they do not hold themselves out to be registered or certified in Washington state.
[ 2008 c 135 s 5; 2001 c 251 s 20; 1987 c 512 s 4.]
Notes:
Severability—2001 c 251: See RCW 18.225.900.

catchline: Exemptions.


title: RCW 18.19.050

text:
(1) In addition to any other authority provided by law, the secretary has the following authority:
(a) To adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter;
(b) To set all registration, certification, and renewal fees in accordance with RCW 43.70.250 and to collect and deposit all such fees in the health professions account established under RCW 43.70.320;
(c) To establish forms and procedures necessary to administer this chapter;
(d) To hire clerical, administrative, and investigative staff as needed to implement this chapter;
(e) To issue a registration or certification to any applicant who has met the requirements for registration or certification; and
(f) To establish education equivalency, examination, supervisory, consultation, and continuing education requirements for certified counselors and certified advisers.
(2) The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of registrations and certifications and the discipline of registrants under this chapter. The secretary shall be the disciplining authority under this chapter.
(3) The department shall publish and disseminate information to educate the public about the responsibilities of counselors, the types of counselors, and the rights and responsibilities of clients established under this chapter. The secretary may assess an additional fee for each application and renewal to fund public education efforts under this section.
[ 2008 c 135 s 6; 2001 c 251 s 21; 1991 c 3 s 21; 1987 c 512 s 5.]
Notes:
Severability—2001 c 251: See RCW 18.225.900.

catchline: Powers of secretary—Application of uniform disciplinary act—Public education program.


title: RCW 18.19.060

text:
Certified counselors and certified advisers shall provide clients at the commencement of any program of treatment with accurate disclosure information concerning their practice, in accordance with guidelines developed by the department, that will inform clients of the purposes of and resources available under this chapter, including the right of clients to refuse treatment, the responsibility of clients for choosing the provider and treatment modality which best suits their needs, and the extent of confidentiality provided by this chapter, the department, another agency, or other jurisdiction. The disclosure statement must inform the client of the certified counselor's or certified adviser's consultation arrangement or supervisory agreement as defined in rules adopted by the secretary. The disclosure information provided by the certified counselor or certified adviser, the receipt of which shall be acknowledged in writing by the certified counselor or certified adviser and the client, shall include any relevant education and training, the therapeutic orientation of the practice, the proposed course of treatment where known, any financial requirements, referral resources, and such other information as the department may require by rule. The disclosure information shall also include a statement that the certification of an individual under this chapter does not include a recognition of any practice standards, nor necessarily imply the effectiveness of any treatment. Certified counselors and certified advisers must also disclose that they are not credentialed to diagnose mental disorders or to conduct psychotherapy as defined by the secretary by rule. The client is not liable for any fees or charges for services rendered prior to receipt of the disclosure statement.
[ 2008 c 135 s 7; 2001 c 251 s 22; 1987 c 512 s 6.]
Notes:
Effective date—2008 c 135 ss 1, 2, 7-9, and 11-19: See note following RCW 18.19.020.
Severability—2001 c 251: See RCW 18.225.900.

catchline: Information disclosure to clients.


title: RCW 18.19.080

text:
The secretary shall keep an official record of all proceedings, a part of which record shall consist of a register of all applicants for registration under this chapter, with the result of each application.
[ 2001 c 251 s 23; 1991 c 3 s 23; 1987 c 512 s 8.]
Notes:
Severability—2001 c 251: See RCW 18.225.900.

catchline: Official records.


title: RCW 18.19.090

text:
(1) Application for agency affiliated counselor, certified counselor, certified adviser, or hypnotherapist must be made on forms approved by the secretary. The secretary may require information necessary to determine whether applicants meet the qualifications for the credential and whether there are any grounds for denial of the credential, or for issuance of a conditional credential, under this chapter or chapter 18.130 RCW. The application for agency affiliated counselor, certified counselor, or certified adviser must include a description of the applicant's orientation, discipline, theory, or technique. Each applicant shall pay a fee determined by the secretary as provided in RCW 43.70.250, which shall accompany the application.
(2) Applicants for agency affiliated counselor must provide satisfactory documentation that they are employed by an agency, have an offer of employment from an agency, or are a student intern as defined by the department.
(3) Applicants for certified agency affiliated counselor must complete the following:
(a) A bachelor's degree in counseling or one of the social sciences from an accredited college or university which includes coursework specified in subsection (5) of this section; and
(b) At least five years of experience in direct treatment of persons with a mental disorder that was gained under the supervision of a mental health professional who is able to independently provide mental health assessments and diagnoses according to the scope of practice of the mental health professional's credential.
(4) Applicants for licensed agency affiliated counselor must complete the following:
(a) An advanced degree in counseling or one of the social sciences from an accredited college or university which includes coursework specified in subsection (5) of this section; and
(b) At least two years of experience in direct treatment of persons with a mental disorder that was gained under the supervision of a mental health professional who is able to independently provide mental health assessments and diagnoses according to the scope of practice of the mental health professional's credential.
(5) Applicants for a certified or licensed agency affiliated counselor credential must have counseling-specific coursework as determined by the department in rule.
(6)(a) Applicants for licensed agency affiliated counselor are not required to meet the coursework requirements in subsection (5) of this section if, prior to the effective date of the rules adopted under subsection (5) of this section, the applicant held a mental health professional designation based on meeting one of the following criteria:
(i) The applicant held an advanced degree in counseling or one of the social sciences from an accredited college or university and had two years of experience in direct treatment of persons with mental illness or emotional disturbance that was gained under the supervision of a mental health professional recognized by the department or attested to by a licensed behavioral health agency;
(ii) The applicant met the waiver criteria of RCW 71.24.260, and the waiver was granted prior to 1986; or
(iii) The applicant had an approved waiver to perform the duties of a mental health professional, that was requested by the behavioral health organization and granted by the mental health division prior to July 1, 2001.
(b) Applicants for certified agency affiliated counselor are not required to meet the coursework requirements in subsection (5) of this section if, prior to the effective date of the rules adopted under subsection (5) of this section, the applicant met the bachelor's degree and experience requirements in subsection (3) of this section.
(c) Applicants for licensed or certified agency affiliated counselors eligible for the legacy provision under this subsection must apply to the department before July 1, 2027. After that date all new applicants must meet the requirements in subsections (3) and (4) of this section. "New applicants" does not include those reinstating a previously issued agency affiliated counselor certification.
(7) At the time of application for initial certification, applicants for certified counselor prior to July 1, 2010, are required to:
(a) Have been registered for no less than five years at the time of application for an initial certification;
(b) Have held a valid, active registration that is in good standing and be in compliance with any disciplinary process and orders at the time of application for an initial certification;
(c) Show evidence of having completed coursework in risk assessment, ethics, appropriate screening and referral, and Washington state law and other subjects identified by the secretary;
(d) Pass an examination in risk assessment, ethics, appropriate screening and referral, and Washington state law, and other subjects as determined by the secretary; and
(e) Have a written consultation agreement with a credential holder who meets the qualifications established by the secretary.
(8) Unless eligible for certification under subsection (7) of this section, applicants for certified counselor or certified adviser are required to:
(a)(i) Have a bachelor's degree in a counseling-related field, if applying for certified counselor; or
(ii) Have an associate degree in a counseling-related field and a supervised internship, if applying for certified adviser;
(b) Pass an examination in risk assessment, ethics, appropriate screening and referral, and Washington state law, and other subjects as determined by the secretary; and
(c) Have a written supervisory agreement with a supervisor who meets the qualifications established by the secretary.
(9) Each applicant shall include payment of the fee determined by the secretary as provided in RCW 43.70.250.
[ 2023 c 425 s 15; 2008 c 135 s 8; 1991 c 3 s 24; 1987 c 512 s 9.]
Notes:
Effective date—2023 c 425 ss 1-7, 13-20, and 22-26: See note following RCW 18.83.170.
Effective date—2008 c 135 ss 1, 2, 7-9, and 11-19: See note following RCW 18.19.020.


title: RCW 18.19.095

text:
The department may not automatically deny an applicant for an agency affiliated counselor credential who is practicing as a peer counselor in an agency or facility based on a conviction history consisting of convictions for simple assault, assault in the fourth degree, prostitution, theft in the third degree, theft in the second degree, or forgery, the same offenses as they may be renamed, or substantially equivalent offenses committed in other states or jurisdictions if:
(1) At least one year has passed between the applicant's most recent conviction for an offense set forth in this section and the date of application for employment;
(2) The offense was committed as a result of the person's substance use or untreated mental health symptoms; and
(3) The applicant is at least one year in recovery from a substance use disorder, whether through abstinence or stability on medication-assisted therapy, or in recovery from mental health challenges.
[ 2023 c 425 s 16; 2019 c 446 s 45.]
Notes:
Effective date—2023 c 425 ss 1-7, 13-20, and 22-26: See note following RCW 18.83.170.

catchline: Agency affiliated counselor practicing as peer counselor—No automatic denial of applicant with past conviction for certain offenses—Conditions.


title: RCW 18.19.100

text:
The secretary shall establish administrative procedures, administrative requirements, continuing education, and fees for renewal of credentials as provided in RCW 43.70.250 and 43.70.280. When establishing continuing education requirements for agency affiliated counselors, the secretary shall consult with the appropriate state agency director responsible for licensing, certifying, or operating the relevant agency practice setting.
[ 2008 c 135 s 10; 1996 c 191 s 5; 1991 c 3 s 25; 1987 c 512 s 10.]

catchline: Renewal of credentials.


title: RCW 18.19.180

text:
An individual credentialed under this chapter shall not disclose the written acknowledgment of the disclosure statement pursuant to RCW 18.19.060 nor any information acquired from persons consulting the individual in a professional capacity when that information was necessary to enable the individual to render professional services to those persons except:
(1) With the written consent of that person or, in the case of death or disability, the person's personal representative, other person authorized to sue, or the beneficiary of an insurance policy on the person's life, health, or physical condition;
(2) That a person credentialed under this chapter is not required to treat as confidential a communication that reveals the contemplation or commission of a crime or harmful act;
(3) If the person is a minor, and the information acquired by the person credentialed under this chapter indicates that the minor was the victim or subject of a crime, the person credentialed may testify fully upon any examination, trial, or other proceeding in which the commission of the crime is the subject of the inquiry;
(4) If the person waives the privilege by bringing charges against the person credentialed under this chapter;
(5) In response to a subpoena from a court of law or the secretary. The secretary may subpoena only records related to a complaint or report under chapter 18.130 RCW;
(6) As required under chapter 26.44 RCW; or
(7) When disclosure of health care information is permitted under chapter 70.02 RCW.
[ 2025 c 83 s 2; 2023 c 425 s 17; 2001 c 251 s 24; 1991 c 3 s 33; 1987 c 512 s 11.]
Notes:
Effective date—2023 c 425 ss 1-7, 13-20, and 22-26: See note following RCW 18.83.170.
Severability—2001 c 251: See RCW 18.225.900.

catchline: Confidential communications.


title: RCW 18.19.190

text:
This chapter shall not be construed as permitting the administration or prescription of drugs or in any way infringing upon the practice of medicine and surgery as defined in chapter 18.71 RCW, or in any way infringing upon the practice of psychology as defined in chapter 18.83 RCW, or restricting the scope of the practice of counseling for those registered under this chapter.
[ 2001 c 251 s 25; 1987 c 512 s 18.]
Notes:
Severability—2001 c 251: See RCW 18.225.900.

catchline: Other professions not affected.


title: RCW 18.19.200

text:
The scope of practice of certified counselors and certified advisers consists exclusively of the following:
(1) Appropriate screening of the client's level of functional impairment using the global assessment of functioning as described in the fourth edition of the diagnostic and statistical manual of mental disorders, published in 1994. Recognition of a mental or physical disorder or a global assessment of functioning score of sixty or less requires that the certified counselor or certified adviser refer the client to a physician, osteopathic physician, psychiatric registered nurse practitioner, or licensed mental health practitioner, as defined by the secretary, for diagnosis and treatment;
(2) Certified counselors and certified advisers may counsel and guide a client in adjusting to life situations, developing new skills, and making desired changes, in accordance with the theories and techniques of a specific counseling method and established practice standards, if the client has a global assessment of functioning score greater than sixty;
(3) Certified counselors may counsel and guide a client in adjusting to life situations, developing new skills, and making desired changes if the client has a global assessment of functioning score of sixty or less if:
(a) The client has been referred to the certified counselor by a physician, osteopathic physician, psychiatric registered nurse practitioner, or licensed mental health practitioner, as defined by the secretary, and care is provided as part of a plan of treatment developed by the referring practitioner who is actively treating the client. The certified counselor must adhere to any conditions related to the certified counselor's role as specified in the plan of care; or
(b) The certified counselor referred the client to seek diagnosis and treatment from a physician, osteopathic physician, psychiatric registered nurse practitioner, or licensed mental health practitioner, as defined by the secretary, and the client refused, in writing, to seek treatment from the other provider. The certified counselor may provide services to the client consistent with a treatment plan developed by the certified counselor and the consultant or supervisor with whom the certified counselor has a written consultation or supervisory agreement. A certified counselor shall not be a sole treatment provider for a client with a global assessment of functioning score of less than fifty.
[ 2008 c 135 s 4.]

catchline: Scope of practice—Certified counselors and certified advisers.


title: RCW 18.19.210

text:
(1)(a) An applicant for an agency affiliated counselor credential who applies to the department within thirty days of employment by an agency may work as an agency affiliated counselor while the application is processed. The applicant must provide required documentation within reasonable time limits established by the department, and if the applicant does not do so, the applicant must stop working.
(b) The applicant may not provide unsupervised services prior to completion of a criminal background check performed by either the employer or the secretary. For purposes of this subsection, "unsupervised" means the supervisor is not physically present at the location where the counseling occurs.
(2) Agency affiliated counselors shall notify the department if they are either no longer employed by the agency identified on their application or are now employed with another agency, or both. Agency affiliated counselors may not engage in the practice of counseling or other services described under RCW 18.19.215 unless they are currently affiliated with an agency.
[ 2023 c 425 s 19; 2019 c 446 s 47; 2013 c 338 s 6; 2008 c 135 s 9.]
Notes:
Effective date—2023 c 425 ss 1-7, 13-20, and 22-26: See note following RCW 18.83.170.
Effective date—2008 c 135 ss 1, 2, 7-9, and 11-19: See note following RCW 18.19.020.

catchline: Agency affiliated counselors—Employment status—Duty to notify department.


title: RCW 18.19.215

text:
The scope of practice of registered, certified, and licensed agency affiliated counselors consists exclusively of the following:
(1) Counseling as defined under RCW 18.19.020;
(2) A certified agency affiliated counselor may conduct mental health assessments and make mental health diagnoses which shall be reviewed by a clinical supervisor who is a mental health professional able to independently provide mental health assessments and diagnoses according to the scope of practice of the mental health professional's credential. A certified agency affiliated counselor may not provide clinical supervision; and
(3) A licensed agency affiliated counselor may independently conduct mental health assessments and make mental health diagnoses.
[ 2023 c 425 s 18.]
Notes:
Effective date—2023 c 425 ss 1-7, 13-20, and 22-26: See note following RCW 18.83.170.

catchline: Scope of practice—Agency affiliated counselors.


title: RCW 18.19.220

text:
The Washington state-certified counselors and hypnotherapist advisory committee is established.
(1) The committee is comprised of seven members. Two committee members must be certified counselors or certified advisers. Two committee members must be hypnotherapists. Three committee members must be consumers and represent the public at large and may not hold any mental health care provider license, certification, or registration.
(2) Two committee members must be appointed for a term of one year, two committee members must be appointed for a term of two years, and three committee members must be appointed for a term of three years. Subsequent committee members must be appointed for terms of three years. A person may not serve as a committee member for more than two consecutive terms.
(3)(a) Each committee member must be a resident of the state of Washington.
(b) A committee member may not hold an office in a professional association for their profession.
(c) Advisory committee members may not be employed by the state of Washington.
(d) Each professional committee member must have been actively engaged in their profession for five years immediately preceding appointment.
(e) The consumer committee members must represent the general public and be unaffiliated directly or indirectly with the professions credentialed under this chapter.
(4) The secretary shall appoint the committee members.
(5) Committee members are immune from suit in an action, civil or criminal, based on the department's disciplinary proceedings or other official acts performed in good faith.
(6) Committee members must be compensated in accordance with RCW 43.03.240, including travel expenses in carrying out his or her authorized duties in accordance with RCW 43.03.050 and 43.03.060.
(7) The committee shall elect a chair and vice chair.
[ 2008 c 135 s 19.]
Notes:
Effective date—2008 c 135 ss 1, 2, 7-9, and 11-19: See note following RCW 18.19.020.

catchline: Certified counselors and hypnotherapist advisory committee.


title: RCW 18.19.900

text:
This chapter shall be known as the omnibus credentialing act for counselors.
[ 1987 c 512 s 20.]

catchline: Short title.


title: RCW 18.19.902

text:
To practice counseling, all registered counselors must obtain another health profession credential by July 1, 2010. The registered counselor credential is abolished July 1, 2010.
[ 2008 c 135 s 20.]

catchline: Registered counselor credential abolished.


title: RCW 18.190.010

text:
Any business or profession licensed under this title may operate as a limited liability company formed under chapter 25.15 RCW. Any such limited liability company must be licensed as a limited liability company in accordance with the otherwise applicable licensing provisions of this title. Any such limited liability company shall meet the following requirements:
(1) The principal purpose and business of the limited liability company shall be to furnish services to the public which are consistent with the applicable chapter under this title;
(2) At least one manager of the limited liability company shall be a person licensed under the applicable chapter under this title; and
(3) Each resident manager or member in charge of an office of the limited liability company in this state and each resident manager or member personally engaged within this state in the business or profession of the company shall be licensed under the applicable chapter under this title.
[ 1994 c 211 s 1403.]
Notes:
Effective date—1994 c 211: See note following RCW 18.04.025.

catchline: License—Requirements.


title: RCW 18.195.010

text:
The legislature finds that in the newly reformed health care delivery system it is necessary to clarify providers' roles to ensure that they are working together to maximize patient access while controlling costs. This is especially important in the vision care industry, where the potential for confusion exists due to some overlapping scopes of practice among licensed providers.
The legislature finds that boards regulating health care professions should be mindful of the necessary balance between public safety and access to affordable care, and adopt rules that are consistent with their legislative intent. The risk that this balance may be lost is especially high in the optical industry, where competitive pressures have led to the involvement of the federal trade commission. The legislature recognizes its role in ensuring appropriate access to vision care for state residents by clarifying necessary prescription content and ensuring prescription release to the patient.
[ 1994 c 106 s 1.]

catchline: Findings—Intent.


title: RCW 18.195.020

text:
For purposes of this chapter, the following definitions apply:
(1) "Dispensing" means the retail delivery of ophthalmic goods to the patient by a prescriber or optician.
(2) "Eye examination" means a testing process administered by a prescriber that includes the process of determining the refractive condition of a patient's eyes. If requested by the patient, it also determines the appropriateness of contact lenses.
(3) "Fitting" means the performance of mechanical procedures and measurements necessary to adapt and fit eyeglasses or contact lenses from a written prescription. In the case of contact lenses, the prescription must be in writing and fitting includes the selection of the physical characteristics of the lenses including conversion of the spectacle power to contact lens equivalents, lens design, material and manufacturer of the lenses, and supervision of the trial wearing of the lenses which may require incidental revisions during the fitting period. The revisions may not alter the effect of the written prescription.
(4) "Ophthalmic goods" means eyeglasses or a component or components of eyeglasses, and contact lenses.
(5) "Ophthalmic services" means the measuring, fitting, adjusting, and fabricating of ophthalmic goods subsequent to an eye examination.
(6) "Optician" means a person licensed under chapter 18.34 RCW.
(7) "Patient" means a person who has had an eye examination.
(8) "Practitioner" includes prescribers and opticians.
(9) "Prescriber" means an ophthalmologist or optometrist who performs eye examinations under chapter 18.53, 18.57, or 18.71 RCW.
(10) "Prescription" means the written directive from a prescriber for corrective lenses and consists of the refractive powers. If the patient wishes to purchase contact lenses, the prescription must contain a notation that the patient is "OK for contacts" or similar language confirming there are no contraindications for contacts.
(11) "Secretary" means the secretary of the department of health.
[ 1994 c 106 s 2.]

catchline: Definitions.