title: RCW 18.30.100

text:
The board shall administer the examinations for licensing under this chapter, subject to the following requirements:
(1) Examinations shall determine the qualifications, fitness, and ability of the applicant to practice denturism. The test shall include a written examination and a practical demonstration of skills.
(2) Examinations shall be held at least annually.
(3) The first examination shall be conducted not later than July 1, 1995.
(4) The written examination shall cover the following subjects: (a) Head and oral anatomy and physiology; (b) oral pathology; (c) partial denture construction and design; (d) microbiology; (e) clinical dental technology; (f) dental laboratory technology; (g) clinical jurisprudence; (h) asepsis; (i) medical emergencies; and (j) cardiopulmonary resuscitation.
(5) Upon payment of the appropriate fee, an applicant who fails either the written or practical examination may have additional opportunities to take the portion of the examination that he or she failed.
The secretary may hire trained persons licensed under this chapter to prepare, administer, and grade the examinations or may contract with regional examiners who meet qualifications adopted by the board.
[ 2002 c 160 s 7; 1995 c 198 s 21; 1995 c 1 s 11 (Initiative Measure No. 607, approved November 8, 1994).]
Notes:
Effective date—1995 c 198 ss 18-25: See note following RCW 18.30.020.

catchline: Licensing examinations.


doc_type: statute

jurisdiction: wa

title: RCW 18.30.120

text:
(1) The licensing period, administrative procedures, administrative requirements, and fees shall be determined by the secretary as provided in RCW 43.70.250 and 43.70.280.
(2) The license shall contain, on its face, the address or addresses where the license holder will perform the denturist services.
[ 1996 c 191 s 12; 1995 c 1 s 13 (Initiative Measure No. 607, approved November 8, 1994).]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Requirements determined by secretary—License content.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 18.30.130

text:
The board shall establish by rule the requirements for renewal of licenses to practice denturism, but shall not increase the licensure requirements provided in this chapter. The secretary shall establish administrative procedures, administrative requirements, and fees for license periods and renewals as provided in RCW 43.70.250 and 43.70.280.
[ 2013 c 171 s 5; 1996 c 191 s 13; 1995 c 198 s 23; 1995 c 1 s 14 (Initiative Measure No. 607, approved November 8, 1994).]
Notes:
Effective date—1995 c 198 ss 18-25: See note following RCW 18.30.020.

catchline: License renewal.


title: RCW 18.30.135

text:
The Uniform Disciplinary Act, chapter 18.130 RCW, shall govern the issuance and denial of licenses, unauthorized practice, and the discipline of persons licensed under this chapter. The board shall be the disciplinary authority under this chapter.
[ 2013 c 171 s 6; 1995 c 336 s 3.]
Notes:
Effective date—1995 c 336 ss 2 and 3: See note following RCW 18.130.040.

catchline: Discipline.


title: RCW 18.30.140

text:
(1) An individual may place his or her license on inactive status. The holder of an inactive license shall not practice denturism in this state without first activating the license.
(2) An inactive license may be placed in an active status upon compliance with rules established by the board.
(3) The provisions relating to denial, suspension, and revocation of a license are applicable to an inactive license, except that when proceedings to suspend or revoke an inactive license have been initiated, the license shall remain inactive until the proceedings have been completed.
[ 2002 c 160 s 8; 1995 c 198 s 24; 1995 c 1 s 15 (Initiative Measure No. 607, approved November 8, 1994).]
Notes:
Effective date—1995 c 198 ss 18-25: See note following RCW 18.30.020.

catchline: Inactive licenses.


title: RCW 18.30.150

text:
Notwithstanding any other provision of state law, a licensed denturist may enter into a partnership or other business association with a dentist, provided that such association does not impede the independent professional judgment of either party.
[ 1995 c 1 s 16 (Initiative Measure No. 607, approved November 8, 1994).]

catchline: Partnerships with dentists.


title: RCW 18.30.160

text:
Prior to providing the services mentioned in RCW 18.30.010(5) (c) and (d), a licensed denturist must provide documentation to the board that he or she received education and training on providing the services. The board must, by rule, specify the education and training necessary to provide the services mentioned in RCW 18.30.010(5) (c) and (d).
[ 2013 c 172 s 2.]
Notes:
Effective date—2013 c 172: See note following RCW 18.30.010.

catchline: Education and training—Nonorthodontic removable oral devices and teeth whitening services.


title: RCW 18.30.900

text:
This chapter may be known and cited as the Washington state denturist act.
[ 1995 c 1 s 17 (Initiative Measure No. 607, approved November 8, 1994).]

catchline: Short title—1995 c 1 (Initiative Measure No. 607).


title: RCW 18.300.005

text:
The legislature finds and declares that the practices of body piercing, tattooing, and other forms of body art involve an invasive procedure with the use of needles, sharps, instruments, and jewelry. These practices may be dangerous when improper sterilization techniques are used, presenting a risk of infecting the client with blood-borne pathogens including, but not limited to, HIV, hepatitis B, and hepatitis C. It is in the interests of the public health, safety, and welfare to establish requirements in the commercial practice of these activities in this state.
[ 2009 c 412 s 1.]

catchline: Finding.


title: RCW 18.300.010

text:
The definitions in this section apply throughout this chapter and RCW 5.40.050 and 70.54.340 unless the context clearly requires otherwise.
(1) "Body art" means the practice of invasive cosmetic adornment including the use of branding and scarification. "Body art" also includes the intentional production of scars upon the body. "Body art" does not include any health-related procedures performed by licensed health care practitioners under their scope of practice.
(2) "Body piercing" means the process of penetrating the skin or mucous membrane to insert an object, including jewelry, for cosmetic purposes. "Body piercing" also includes any scar tissue resulting from or relating to the piercing. "Body piercing" does not include the use of stud and clasp piercing systems to pierce the earlobe in accordance with the manufacturer's directions and applicable United States food and drug administration requirements. "Body piercing" does not include any health-related procedures performed by licensed health care practitioners under their scope of practice, nor does anything in chapter 412, Laws of 2009 authorize a person registered to engage in the business of body piercing to implant or embed foreign objects into the human body or otherwise engage in the practice of medicine.
(3) "Director" means the director of the department of licensing.
(4) "Individual license" means a body art, body piercing, or tattoo practitioner license issued under this chapter.
(5) "Location license" means a license issued under this chapter for a shop or business.
(6) "Shop or business" means a body art, body piercing, or tattooing shop or business.
(7) "Tattoo artist" means a person who pierces or punctures the human skin with a needle or other instrument for the purpose of implanting an indelible mark, or pigment, into the skin for a fee.
(8) "Tattooing" means to pierce or puncture the human skin with a needle or other instrument for the purpose of implanting an indelible mark, or pigment, into the skin.
[ 2009 c 412 s 2.]

catchline: Definitions.


title: RCW 18.300.020

text:
In addition to any other duties imposed by law, including RCW 18.235.030 and 18.235.040, the director has the following powers and duties:
(1) To set all license, examination, and renewal fees in accordance with RCW 43.24.086;
(2) To adopt rules necessary to implement this chapter;
(3) To prepare and administer or approve the preparation and administration of licensing;
(4) To establish minimum safety and sanitation standards for practitioners of body art, body piercing, or tattooing as determined by the department of health;
(5) To maintain the official department record of applicants and licensees;
(6) To set license expiration dates and renewal periods for all licenses consistent with this chapter;
(7) To ensure that all informational notices produced and mailed by the department regarding statutory and regulatory changes affecting any particular class of licensees are mailed to each licensee in good standing in the affected class whose mailing address on record with the department has not resulted in mail being returned as undeliverable for any reason; and
(8) To make information available to the department of revenue to assist in collecting taxes from persons and businesses required to be licensed under this chapter.
[ 2009 c 412 s 3.]

catchline: Authority of director.


title: RCW 18.300.030

text:
(1) It is unlawful for any person to engage in a practice listed in subsection (2) of this section unless the person has a license in good standing as required by this chapter. A license issued under this chapter is considered to be "in good standing" except when:
(a) The license has expired or has been canceled and has not been renewed in accordance with RCW 18.300.050;
(b) The license has been denied, revoked, or suspended under RCW 18.300.110 or 18.300.130, and has not been reinstated; or
(c) The license is held by a person who has not fully complied with an order of the director issued under RCW 18.300.110 requiring the licensee to pay restitution or a fine, or to acquire additional training.
(2) The director may take action under RCW 18.235.150 and 18.235.160 against any person who does any of the following without first obtaining, and maintaining in good standing, the license required by this chapter:
(a) Engages in the practice of body art, body piercing, or tattooing; or
(b) Operates a shop or business.
[ 2009 c 412 s 4.]

catchline: License required to be in good standing.


title: RCW 18.300.040

text:
Upon completion of an application approved by the department and payment of the proper fee, the director shall issue the appropriate location license to any person who completes an application approved by the department, provides certification of insurance, and provides payment of the proper fee.
[ 2009 c 412 s 5.]

catchline: Requirements for issuance of license.


title: RCW 18.300.050

text:
(1) The director shall issue the appropriate license to any applicant who meets the requirements as outlined in this chapter. The director has the authority to set appropriate licensing fees for body art, body piercing, and tattooing shops and businesses and body art, body piercing, and tattooing individual practitioners. Licensing fees for individual practitioners must be set in an amount less than licensing fees for shops and businesses.
(2) Failure to renew a license by its expiration date subjects the holder to a penalty fee and payment of each year's renewal fee, at the current rate.
(3) A person whose license has not been renewed within one year after its expiration date must have his or her license canceled and must be required to submit an application, pay the license fee, meet current licensing requirements, and pass any applicable examination or examinations, in addition to the other requirements of this chapter, before the license may be reinstated.
(4) Nothing in this section authorizes a person whose license has expired to engage in a practice prohibited under RCW 18.300.030 until the license is renewed or reinstated.
(5) Upon request and payment of an additional fee to be established by rule by the director, the director shall issue a duplicate license to an applicant.
[ 2009 c 412 s 6.]

catchline: Licensing fees—Penalties for late renewal—Reinstatement—Duplicates.


title: RCW 18.300.060

text:
(1) Subject to subsection (2) of this section, licenses issued under this chapter expire as follows:
(a) A body art, body piercing, or tattooing shop or business location license expires one year from issuance or when the insurance required by RCW 18.300.070(1)(g) expires, whichever occurs first; and
(b) Body art, body piercing, or tattooing practitioner individual licenses expire one year from issuance.
(2) The director may provide for expiration dates other than those set forth in subsection (1) of this section for the purpose of establishing staggered renewal periods.
[ 2009 c 412 s 7.]

catchline: Expiration of licenses.


title: RCW 18.300.070

text:
(1) A body art, body piercing, or tattooing shop or business shall meet the following minimum requirements:
(a) Maintain an outside entrance separate from any rooms used for sleeping or residential purposes;
(b) Provide and maintain for the use of its customers adequate toilet facilities located within or adjacent to the shop or business;
(c) Any room used wholly or in part as a shop or business may not be used for residential purposes, except that toilet facilities may be used for both residential and business purposes;
(d) Meet the zoning requirements of the county, city, or town, as appropriate;
(e) Provide for safe storage and labeling of equipment and substances used in the practices under this chapter;
(f) Meet all applicable local and state fire codes; and
(g) Certify that the shop or business is covered by a public liability insurance policy in an amount not less than one hundred thousand dollars for combined bodily injury and property damage liability.
(2) The director may by rule determine other requirements that are necessary for safety and sanitation of shops or businesses. The director may consult with the state board of health and the department of labor and industries in establishing minimum shop and business safety requirements.
(3) Upon receipt of a written complaint that a shop or business has violated any provisions of this chapter, chapter 18.235 RCW, or the rules adopted under either chapter, or at least once every two years for an existing shop or business, the director or the director's designee shall inspect each shop or business. If the director determines that any shop or business is not in compliance with this chapter, the director shall send written notice to the shop or business. A shop or business which fails to correct the conditions to the satisfaction of the director within a reasonable time is, upon due notice, subject to the penalties imposed by the director under RCW 18.235.110. The director may enter any shop or business during business hours for the purpose of inspection. The director may contract with health authorities of local governments to conduct the inspections under this subsection.
(4) A shop or business shall obtain a certificate of registration from the department of revenue.
(5) Shop or business location licenses issued by the department must be posted in the shop or business's reception area.
(6) Body art, body piercing, and tattooing practitioner individual licenses issued by the department must be posted at the licensed person's workstation.
[ 2009 c 412 s 8.]

catchline: Shop or business requirements—Director authority—Inspections.


title: RCW 18.300.080

text:
The director shall prepare and provide to all licensed shops or businesses a notice to consumers. At a minimum, the notice must state that body art, body piercing, and tattooing shops or businesses are required to be licensed, that shops or businesses are required to maintain minimum safety and sanitation standards, that customer complaints regarding shops or businesses may be reported to the department, and a telephone number and address where complaints may be made.
[ 2009 c 412 s 9.]

catchline: Notice to consumers.


title: RCW 18.300.090

text:
It is a violation of this chapter for any person to engage in the commercial practice of body art, body piercing, or tattooing except in a licensed shop or business with the appropriate individual body art, body piercing, or tattooing license.
[ 2009 c 412 s 10.]

catchline: Violation—Shop or business license and individual license required.


title: RCW 18.300.095

text:
The department of licensing shall immediately suspend any license under this chapter if the department receives information that the license holder has not complied with RCW 74.08.580(2). If the license holder has remained otherwise eligible to be licensed, the department may reinstate the suspended license when the holder has complied with RCW 74.08.580(2).
[ 2011 1st sp.s. c 42 s 17.]
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 18.300.100

text:
In addition to the unprofessional conduct described in RCW 18.235.130, the director may take disciplinary action against any applicant or licensee under this chapter if the licensee or applicant:
(1) Has been found to have violated any provisions of chapter 19.86 RCW;
(2) Has engaged in a practice prohibited under RCW 18.300.030 without first obtaining, and maintaining in good standing, the license required by this chapter;
(3) Has failed to display licenses required in this chapter;
(4) Has violated any provision of this chapter or any rule adopted under it; or
(5) Has been found to have violated RCW 70.54.355.
[ 2019 c 307 s 2; 2009 c 412 s 11.]

catchline: Disciplinary action—Grounds.


title: RCW 18.300.110

text:
If, following a hearing, the director finds that any person or an applicant or licensee has violated any provision of this chapter or any rule adopted under it, the director may impose one or more of the following penalties:
(1) Denial of a license or renewal;
(2) Revocation or suspension of a license;
(3) A fine of not more than five hundred dollars per violation;
(4) Issuance of a reprimand or letter of censure;
(5) Placement of the licensee on probation for a fixed period of time;
(6) Restriction of the licensee's authorized scope of practice;
(7) Requiring the licensee to make restitution or a refund as determined by the director to any individual injured by the violation; or
(8) Requiring the licensee to obtain additional training or instruction.
[ 2009 c 412 s 12.]

catchline: Penalties for violation.


title: RCW 18.300.120

text:
Any person aggrieved by the refusal of the director to issue any license provided for in this chapter, or to renew the same, or by the revocation or suspension of any license issued under this chapter or by the application of any penalty under RCW 18.300.110 has the right to appeal the decision of the director to the superior court of the county in which the person maintains his or her place of business. The appeal must be filed within thirty days of the director's decision.
[ 2009 c 412 s 13.]

catchline: Appeal—Procedure.


title: RCW 18.300.130

text:
The department shall immediately suspend the license of a person who has been certified under *RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license is automatic upon the department's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[ 2009 c 412 s 14.]
Notes:
*Reviser's note: RCW 74.20A.320 was amended by 2009 c 408 s 1, deleting language referring to certification. RCW 74.20A.324 appears to be the more appropriate reference.

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


title: RCW 18.300.140

text:
The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
[ 2009 c 412 s 15.]

catchline: Application of consumer protection act.


title: RCW 18.300.150

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.
[ 2009 c 412 s 16.]

catchline: Uniform regulation of business and professions act.


title: RCW 18.300.160

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 16.]

catchline: Military training or experience.


title: RCW 18.300.900

text:
This act shall be known and may be cited as the "Washington body art, body piercing, and tattooing act."
[ 2009 c 412 s 17.]

catchline: Short title—2009 c 412.


title: RCW 18.300.901

text:
Sections 1 through 21 of this act take effect July 1, 2010.
[ 2009 c 412 s 25.]

catchline: Effective date—2009 c 412 ss 1-21.


title: RCW 18.300.902

text:
The director of licensing and the department of health, beginning on July 26, 2009, may take such steps as are necessary to ensure that chapter 412, Laws of 2009 is implemented July 1, 2010.
[ 2009 c 412 s 23.]

catchline: Implementation—2009 c 412.


title: RCW 18.310.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Appraisal" means the act or process of estimating value; an estimate of value; or of pertaining to appraising and related functions.
(2) "Appraisal management company" means an entity that performs appraisal management services, regardless of the use of the term appraisal management company, mortgage technology provider, lender processing services, lender services, loan processor, mortgage services, real estate closing services provider, settlement services provider, or vendor management company, or any other term.
(3) "Appraisal management services" means to perform any or all of the following functions on behalf of a lender, financial institution, mortgage broker, loan originator, or any other person:
(a) Administer an appraiser panel;
(b) Recruit, qualify, verify licensing or certification, and negotiate fees and service level expectations with persons who are part of an appraiser panel;
(c) Receive an order for an appraisal from one person, or entity, and deliver the order for the appraisal to an appraiser that is part of an appraiser panel for completion;
(d) Track and determine the status of appraisal orders;
(e) Conduct quality control of a completed appraisal prior to the delivery of the appraisal to the person that ordered the appraisal; and
(f) Provide a completed appraisal performed by an appraiser to one or more persons that have ordered an appraisal.
(4) "Appraisal review" or "appraisal review services" means developing and communicating an opinion about the quality of another appraiser's work that was performed, or assignment results that were developed, as part of an appraisal assignment.
(5) "Appraiser" means a person who is licensed or certified under chapter 18.140 RCW or under similar laws of another state.
(6) "Appraiser panel" means a network of appraisers who are independent contractors of an appraisal management company that have:
(a) Independently applied to or responded to an invitation, request, or solicitation from an appraisal management company to perform appraisals for persons, or entities, that have ordered appraisals through the appraisal management company, or to perform appraisals for the appraisal management company directly, on a periodic basis, as assigned by the appraisal management company; and
(b) Been selected, and approved, by an appraisal management company to perform appraisals for a person, or entity, that has ordered an appraisal through the appraisal management company, or to perform appraisals for the appraisal management company directly, on a periodic basis, as assigned by the appraisal management company.
(7) "Controlling person" means:
(a) An owner, officer, or director of a corporation, partnership, or other business entity seeking to offer appraisal management services in this state;
(b) An individual employed, appointed, or authorized by an appraisal management company that has the authority to enter into a contractual relationship with other persons for the performance of appraisal management services and has the authority to enter into agreements with appraisers for the performance of appraisals;
(c) An individual who possesses the power to direct or cause the direction of the management or policies of an appraisal management company;
(d) Any person who controls a partnership, company, association, or corporation through one or more intermediaries, alone or in concert with others, or a ten percent or greater interest in a partnership, company, association, or corporation; or
(e) Any person who controls a limited liability company or is the owner of a sole proprietorship.
(8) "Department" means the department of licensing.
(9) "Director" means the director of the department of licensing.
[ 2010 c 179 s 1.]

catchline: Definitions.


title: RCW 18.310.020

text:
The director shall:
(1) Adopt rules to implement this chapter;
(2) Establish appropriate administrative procedures for the processing of the applications;
(3) Issue licenses to qualified companies under the provisions of this chapter;
(4) Maintain a roster of the names and addresses of companies licensed under this chapter;
(5) Employ professional, clerical, and technical assistance as may be necessary to properly administer the work of the director;
(6) Establish forms necessary to administer this chapter;
(7) Oversee the performance of any background investigations;
(8) Initiate and oversee investigations and any audits;
(9) Establish grounds for disciplinary actions;
(10) Adopt fees under RCW 43.24.086; and
(11) Do all other things necessary to carry out the provisions of this chapter and comply with the requirements of any pertinent federal laws pertaining to appraisal management companies.
[ 2010 c 179 s 2.]

catchline: Powers and duties of director.


title: RCW 18.310.030

text:
The director or individuals acting on behalf of the director are immune from suit in any action, civil or criminal, based on any acts performed in the course of their duties except for their intentional or willful misconduct.
[ 2010 c 179 s 3.]

catchline: Immunity.


title: RCW 18.310.040

text:
(1) Applications for licensure must be made to the department on forms approved by the director. A license is valid for one year and must be renewed on or before the expiration date. Applications for original and renewal licenses must include a statement confirming that the company must comply with applicable rules and that the company understands the penalties for misconduct.
(2) The appropriate fees must accompany all applications for original licensure and renewal.
(3)(a) Each applicant shall file and maintain a surety bond, approved by the director, executed by the applicant as obligor and by a surety company authorized to do a surety business in this state as surety, whose liability as the surety may not exceed in the aggregate the penal sum of the bond. The penal sum of the bond must be a minimum of one hundred thousand dollars. The bond must run to the state of Washington as obligee for the use and benefit of the state and of any person or persons who may have a cause of action against the obligor under this chapter. The bond must be conditioned that the obligor as licensee will faithfully conform to and abide by this chapter and all the rules adopted under this chapter. The bond will pay to the state and any person or persons having a cause of action against the obligor all moneys that may become due and owing to the state and those persons under and by virtue of this chapter.
(b) If the director determines that surety bonds are not readily available to appraisal management companies, the director may accept a cash bond or other security in lieu of the surety bond required by this section. The security accepted in lieu of a surety bond must be in an amount equal to the penal sum of the required bond. All obligations and remedies relating to surety bonds apply to deposits and other security filed in lieu of surety bonds.
[ 2019 c 74 s 1; 2013 c 90 s 1; 2010 c 179 s 4.]
Notes:
Effective dates—2019 c 74: "(1) Section 1 of this act takes effect June 4, 2020.
(2) Sections 2 through 4 of this act take effect July 31, 2019." [ 2019 c 74 s 5.]

catchline: Applications—Original and renewals—Surety bonds.


title: RCW 18.310.050

text:
Every company seeking licensure whose headquarters is not based in the state of Washington shall submit, with the application for licensure, an irrevocable consent that service of process upon the controlling person or persons may be made by service on the director if, in an action against the entity in a Washington state court arising out of the entity's activities as an appraisal management company, the plaintiff cannot, in the exercise of due diligence, obtain personal service upon the company.
[ 2010 c 179 s 5.]

catchline: Out-of-state companies—Consent for service of process.


title: RCW 18.310.060

text:
(1) It is unlawful for an entity to engage or attempt to engage in business as an appraisal management company, to engage or attempt to perform appraisal management services, or to advertise or hold itself out as engaging in or conducting business as an appraisal management company without first obtaining a license issued by the department under this chapter.
(2) An application for the issuance or renewal of a license required by subsection (1) of this section must, at a minimum, include the following information:
(a) Name of the entity seeking licensure;
(b) Names under which the entity will do business;
(c) Business address of the entity seeking licensure;
(d) Phone contact information of the entity seeking licensure;
(e) If the entity is not a corporation that is domiciled in this state, the name and contact information for the company's agent for service of process in this state;
(f) The name, address, and contact information for any individual or any corporation, partnership, or other business entity that owns ten percent or more of the appraisal management company;
(g) The name, address, and contact information for a controlling person;
(h) A certification that the entity has a system and process in place to verify that a person being added to the appraiser panel of the appraisal management company for work being done in this state holds a license or certificate in good standing under chapter 18.140 RCW;
(i) A certification that the entity has a system in place to review the work of appraisers that are performing real estate appraisal services on a periodic basis and have a policy in place to require that the real estate appraisal services provided by the appraiser are being conducted in accordance with chapter 18.140 RCW and other applicable state and federal laws;
(j) A certification that the entity maintains a detailed record of each service request that it receives and the appraiser that performs the real estate appraisal services under RCW 18.310.130;
(k) A certification that the entity maintains a complete copy of the completed appraisal report performed as a part of any request, for a minimum period of five years, or at least two years after final disposition of any judicial proceeding related to the assignment, under uniform standards of professional appraisal practice provisions, and that the appraisals must be provided to the department upon demand;
(l) An irrevocable uniform consent to service of process, under RCW 18.310.080; and
(m) Any other relevant information reasonably required by the department to obtain a license under the requirements of this chapter.
[ 2019 c 74 s 2; 2010 c 179 s 7.]
Notes:
Effective dates—2019 c 74: See note following RCW 18.310.040.

catchline: Licensure—Requirements.


title: RCW 18.310.070

text:
Background investigations under this chapter consist of fingerprint-based background checks through the Washington state patrol criminal identification system and through the federal bureau of investigation. The applicant is required to pay the current federal and state fees for fingerprint-based criminal history background checks. The applicant shall submit the fingerprints and required fees for the background checks to the department for submission to the Washington state patrol.
[ 2010 c 179 s 15.]

catchline: Background investigations.


title: RCW 18.310.080

text:
(1) A license issued under this chapter must bear the signature or facsimile signature of the director and a license number assigned by the director.
(2) Each licensed appraisal management company shall place the name under which it does business and its license number on any appraisal engagement document issued.
[ 2010 c 179 s 6.]

catchline: Licensure—Required use of name and license number.


title: RCW 18.310.090

text:
(1) Each entity owning more than ten percent of an appraisal management company may not be directly controlled or owned in whole or in part by any person who has had a license or certificate to act as an appraiser refused, denied, canceled, or revoked in any state.
(2) Each person that owns an appraisal management company in whole or in part must not have had a license or certificate to act as an appraiser refused, denied, canceled, or revoked in any state.
(3) Owners of more than ten percent of an appraisal management company must:
(a) Be of good moral character, as determined by the department; and
(b) Submit to a background investigation under RCW 18.310.070.
(4) Each appraisal management company must certify to the department that it has reviewed each and every individual or entity that owns the appraisal management company in whole or in part and that no such person or entity is prohibited from owning an appraisal management company under this section.
(5) A person under this section may appeal an adjudicative proceeding involving a final decision of the director to deny, suspend, or revoke a license under chapter 18.235 RCW.
[ 2019 c 74 s 3; 2010 c 179 s 8.]
Notes:
Effective dates—2019 c 74: See note following RCW 18.310.040.

catchline: Owner requirements.


title: RCW 18.310.100

text:
(1)(a) An appraisal management company shall designate one controlling person that will be the main contact for all communication between the department and the appraisal management company.
(b) Should the controlling person change, the appraisal management company must notify the director within fourteen business days and provide the name and contact information of the new controlling person.
(2) The controlling person designated under subsection (1) of this section must:
(a) Have never had a license or certificate to act as an appraiser surrendered in lieu of disciplinary action, refused, denied, canceled, or revoked in any state;
(b) Be of good moral character, as determined by the department; and
(c) Submit to a background investigation under RCW 18.310.070.
[ 2010 c 179 s 9.]

catchline: Controlling person requirements.


title: RCW 18.310.110

text:
(1) An appraisal management company may not knowingly contract with or employ as an appraiser:
(a) Any person who has ever had a license or certificate to act as an appraiser in this state, or in any other state, surrendered in lieu of disciplinary action, refused, denied, canceled, or revoked;
(b) Any person who has been convicted of an offense that reflects adversely upon the person's integrity, competence, or fitness to meet the responsibilities of an appraiser or appraisal management company;
(c) Any person who has been convicted of, or who has pled guilty or nolo contendere to, a felony related to participation in the real estate or mortgage loan industry:
(i) During the seven-year period preceding the date of the application for licensing and registration; or
(ii) At any time preceding the date of application, if the felony involved an act of fraud, dishonesty, or a breach of trust, or money laundering;
(d) Any person who is in violation of chapter 19.146 or 31.04 RCW; or
(e) Any person who is in violation of this chapter.
(2) An appraisal management company may not:
(a) Knowingly enter into any independent contractor arrangement for appraisal or appraisal review services with any person who has ever had a license or certificate to act as an appraiser in this state, or in any other state, surrendered in lieu of disciplinary action, refused, denied, canceled, or revoked; and
(b) Knowingly enter into any contract, agreement, or other business relationship for appraisal or appraisal review services with any entity that employs, has entered into an independent contractor arrangement, or has entered into any contract, agreement, or other business relationship with any person who has ever had a license or certificate to act as an appraiser in this state or in any other state surrendered in lieu of disciplinary action, refused, denied, canceled, or revoked.
(3) Any employee of the appraisal management company, or any contractor working in any capacity on behalf of the appraisal management company, that has any involvement in the actual performance of appraisal or appraisal review services, or review and analysis of completed appraisals must be a state licensed or state-certified appraiser in the state in which the property is located, and must have geographic and product competence. This requirement does not apply to any review or examination of the appraisal for grammatical, typographical, or similar errors or general reviews of the appraisal for completeness.
[ 2010 c 179 s 10.]

catchline: Appraiser requirements.


title: RCW 18.310.120

text:
(1) The provisions of this chapter do not apply to the following:
(a) An appraisal management company that is a subsidiary owned and controlled by a financial institution regulated by a federal financial institution regulatory agency; or
(b) An appraiser that enters into an agreement, whether written or otherwise, with another appraiser for the performance of an appraisal, and upon completion of the appraisal, the report of the appraiser performing the appraisal is signed by both the appraiser who completed the appraisal and the appraiser who requested the completion of the appraisal.
(2) For the purposes of this section, "federal financial institution regulatory agency" means the same as in Title 12 U.S.C. Sec. 3350.
[ 2019 c 74 s 4; 2010 c 179 s 11.]
Notes:
Effective dates—2019 c 74: See note following RCW 18.310.040.

catchline: Exemptions.


title: RCW 18.310.130

text:
An appraisal management company must certify to the department on initial application and upon renewal, that it maintains a detailed record of each service request that it receives and the appraiser that performs the appraisal for the appraisal management company. This statement must also certify that the appraisal management company maintains a complete copy of the completed appraisal report, for a minimum period of five years after the appraisal is completed, or two years after final disposition of a judicial proceeding related to the assignment, whichever period expires later.
[ 2010 c 179 s 12.]

catchline: Recordkeeping.


title: RCW 18.310.140

text:
(1) Except within the first thirty days after an appraiser is first added to the appraiser panel of an appraisal management company, an appraisal management company may not remove an appraiser from its appraiser panel, or otherwise refuse to assign requests for real estate appraisal services to an appraiser without:
(a) Notifying the appraiser in writing of the reasons why the appraiser is being removed from the appraiser panel of the appraisal management company, including if the appraiser is being removed from the panel for illegal conduct, a violation of state licensing standards, substandard performance, or administrative purposes. In addition, if the removal is not for administrative purposes, the nature of the alleged conduct, substandard performance, or violation must be provided; and
(b) Providing an opportunity for the appraiser to respond to the notification of the appraisal management company.
(2) An appraiser that is removed from the appraiser panel of an appraisal management company for alleged illegal conduct or a violation of state licensing standards, may file a complaint with the department for a review of the decision of the appraisal management company, except that in no case will the department make any determination regarding the nature of the business relationship between the appraiser and the appraisal management company which is unrelated to the actions specified in subsection (1) of this section.
(3) If an appraiser files a complaint against an appraisal management company pursuant to subsection (2) of this section, the department may investigate the complaint within one hundred eighty days during which time the appraiser must remain removed from the panel.
(4) If after opportunity for hearing and review, the department determines that an appraiser did not commit a violation of law or a violation of state licensing standards, the department shall order that an appraiser be restored to the appraiser panel of the appraisal management company that was the subject of the complaint without prejudice.
(5) Following the adjudication of a complaint to the department by an appraiser against an appraisal management company, an appraisal management company may not refuse to make assignments for real estate appraisal services to an appraiser, or reduce the number of assignments, or otherwise penalize the appraiser because of the adjudicated complaint, if the department has found that the appraisal management company acted without reasonable cause in removing the appraiser from the appraiser panel.
[ 2010 c 179 s 13.]

catchline: Disputes between appraisal management company and appraiser.


title: RCW 18.310.150

text:
(1) In addition to the unprofessional conduct described in RCW 18.235.130, the director may take disciplinary action for the following:
(a) Failing to meet the minimum qualifications for licensure established under this chapter;
(b) Failing to pay appraisers no later than forty-five days after completion of the appraisal service unless otherwise agreed or unless the appraiser has been notified in writing that a bona fide dispute exists regarding the performance or quality of the appraisal service;
(c) Failing to pay appraisers even if the appraisal management company is not paid by its client;
(d) Coercing, extorting, colluding, compensating, inducing, intimidating, bribing an appraiser, or in any other manner including:
(i) Withholding or threatening to withhold timely payment for an appraisal;
(ii) Requiring the appraiser to remit a portion of the appraisal fee back to the appraisal management company;
(iii) Withholding or threatening to withhold future business for, or demoting or terminating or threatening to demote or terminate, an appraiser;
(iv) Expressly or impliedly promising future business, promotions, or increased compensation for an appraiser;
(v) Conditioning the request for an appraisal or the payment of an appraisal fee or salary or bonus on the opinion, conclusion, or valuation to be reached, or on a preliminary estimate or opinion requested from an appraiser;
(vi) Requesting that an appraiser provide an estimated, predetermined, or desired valuation in an appraisal report, or provide estimated values or comparable sales at any time prior to the appraiser's completion of an appraisal;
(vii) Providing to an appraiser an anticipated, estimated, encouraged, or desired value for a subject property or a proposed or target amount to be loaned to the borrower, except that a copy of the sales contract for purchase transactions must be provided to the appraiser;
(viii) Providing to an appraiser, or any entity or person related to the appraiser, stock or other financial or nonfinancial benefits;
(ix) Obtaining, using, or paying for a second or subsequent appraisal or ordering an automated valuation model in connection with a mortgage financing transaction unless there is a reasonable basis to believe that the initial appraisal was flawed or tainted and such basis is clearly and appropriately noted in the loan file, or unless such appraisal or automated valuation model is done pursuant to a bona fide prefunding or postfunding appraisal review or quality control process; or
(x) Any other act or practice that impairs or attempts to impair an appraiser's independence, objectivity, or impartiality, or that violates law;
(e) Altering, modifying, or otherwise changing a completed appraisal report submitted by an appraiser;
(f) Copying and using the appraiser's signature for any purpose or in any other report;
(g) Extracting, copying, or using only a portion of the appraisal report without reference to the entire report;
(h) Prohibiting or attempting to prohibit the appraiser from including or referencing the appraisal fee, the appraisal management company name or identity, or the client's or lender's name or identity in the appraisal report;
(i) Knowingly requiring an appraiser to prepare an appraisal report, engaging an appraiser to perform an appraisal, or accepting an appraisal from an appraiser who has informed the appraisal management company that he or she does not have either the geographic competence or necessary expertise to complete the appraisal;
(j) Knowingly requiring an appraiser to prepare an appraisal report under such a limited time frame when the appraiser, in the appraiser's own professional judgment, has informed the appraisal management company that it does not afford the appraiser the ability to meet all relevant legal and professional obligations or provide a credible opinion of value for the property being appraised. This subsection (1)(j) allows an appraiser to decline an assignment, but is not a basis for complaints against the appraisal management company;
(k) Requiring, or attempting to require, an appraiser to modify an appraisal report except as permitted under subsection (2)(a) or (b) of this section;
(l) Prohibiting, or attempting to prohibit, or inhibiting legal or other allowable communication between the appraiser and:
(i) The lender;
(ii) A real estate licensee;
(iii) A property owner; or
(iv) Any other party or person from whom the appraiser, in the appraiser's own professional judgment, believes information would be relevant or pertinent in completing the appraisal;
(m) Knowingly requiring or attempting to require the appraiser to do anything that violates chapter 18.140 RCW or other applicable state and federal laws or with any allowable assignment conditions or certifications required by the client;
(n) Prohibiting or refusing to allow, or attempting to prohibit or refuse to allow, the transfer of an appraisal from one lender to another lender if the lenders are allowed to transfer an appraisal under applicable federal law; or
(o) Requiring an appraiser to sign any indemnification agreement that would require the appraiser to defend and hold harmless the appraisal management company or any of its agents, employees, or independent contractors for any liability, damage, losses, or claims arising out of the services performed by the appraisal management company or its agents, employees, or independent contractors and not the services performed by the appraiser.
(2) Nothing in subsection (1) of this section may be construed as prohibiting the appraisal management company from requesting that an appraiser:
(a) Provide additional information about the basis for a valuation, including whether or not the appraiser considered other sales and reasons the other sales were either not considered relevant or included in the appraisal; or
(b) Correct objective factual errors in an appraisal report.
[ 2010 c 179 s 14.]

catchline: Disciplinary actions—Grounds.


title: RCW 18.310.170

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.
[ 2010 c 179 s 17.]

catchline: Uniform regulation of business and professions act.


title: RCW 18.310.901

text:
This act takes effect July 1, 2011.
[ 2010 c 179 s 21.]

catchline: Effective date—2010 c 179.


title: RCW 18.32.002

text:
The legislature finds that the health and well-being of the people of this state are of paramount importance.
The legislature further finds that the conduct of members of the dental profession licensed to practice dentistry in this state plays a vital role in preserving the health and well-being of the people of the state.
The legislature further finds that requiring continuing dental education for all licensed dentists in the state is an important component of providing high quality dentistry for the people of this state.
The legislature further finds that there is no effective means of handling disciplinary proceedings against members of the dental profession licensed in this state when such proceedings are necessary for the protection of the public health.
Therefore, the legislature declares its intention to exercise the police power of the state to protect the public health, to promote the welfare of the state, and to provide a commission to act as a disciplinary and regulatory body for the members of the dental profession licensed to practice dentistry in this state.
It is the purpose of the commission established in RCW 18.32.0351 to regulate the competency and quality of professional health care providers under its jurisdiction by establishing, monitoring, and enforcing qualifications for licensure, continuing education, consistent standards of practice, continuing competency mechanisms, and discipline. Rules, policies, and procedures developed by the commission must promote the delivery of quality health care to the residents of the state.
[ 1999 c 364 s 1; 1994 sp.s. c 9 s 201.]

catchline: Findings—Purpose.


title: RCW 18.32.005

text: See chapter 18.120 RCW.

catchline: Regulation of health care professions—Criteria.


title: RCW 18.32.010

text:
Words used in the singular in this chapter may also be applied to the plural of the persons and things; words importing the plural may be applied to the singular; words importing the masculine gender may be extended to females also; the term "commission" used in this chapter shall mean the Washington state dental quality assurance commission; and the term "secretary" shall mean the secretary of health of the state of Washington.
[ 1994 sp.s. c 9 s 202; 1991 c 3 s 58; 1935 c 112 s 1; RRS s 10031-1.]
Notes:
Number and gender: RCW 1.12.050.

catchline: Words defined.


title: RCW 18.32.020

text:
A person practices dentistry, within the meaning of this chapter, who (1) represents himself or herself as being able to diagnose, treat, remove stains and concretions from teeth, operate or prescribe for any disease, pain, injury, deficiency, deformity, or physical condition of the human teeth, alveolar process, gums, or jaw, or (2) offers or undertakes by any means or methods to diagnose, treat, remove stains or concretions from teeth, operate or prescribe for any disease, pain, injury, deficiency, deformity, or physical condition of the same, or take impressions of the teeth or jaw, or (3) owns, maintains, or operates an office for the practice of dentistry, or (4) engages in any of the practices included in the curricula of recognized and approved dental schools or colleges, or (5) professes to the public by any method to furnish, supply, construct, reproduce, or repair any prosthetic denture, bridge, appliance, or other structure to be worn in the human mouth.
The fact that a person uses any dental degree, or designation, or any card, device, directory, poster, sign, or other media whereby he or she represents himself or herself to be a dentist, shall be prima facie evidence that such person is engaged in the practice of dentistry.
X-ray diagnosis as to the method of dental practice in which the diagnosis and examination is made of the normal and abnormal structures, parts, or functions of the human teeth, the alveolar process, maxilla, mandible or soft tissues adjacent thereto, is hereby declared to be the practice of dentistry. Any person other than a regularly licensed physician or surgeon who makes any diagnosis or interpretation or explanation, or attempts to diagnose or to make any interpretation or explanation of the registered shadow or shadows of any part of the human teeth, alveolar process, maxilla, mandible or soft tissues adjacent thereto by the use of X-ray is declared to be engaged in the practice of dentistry, medicine, or surgery.
The practice of dentistry includes the performance of any dental or oral and maxillofacial surgery. "Oral and maxillofacial surgery" means the specialty of dentistry that includes the diagnosis and surgical and adjunctive treatment of diseases, injuries, and defects of the hard and soft tissues of the oral and maxillofacial region.
[ 2011 c 336 s 477; 1996 c 259 s 1; 1957 c 98 s 1; 1957 c 52 s 20. Prior: (i) 1935 c 112 s 6; RRS s 10031-6. (ii) 1943 c 240 s 1; Rem. Supp. 1943 s 10031-6a.]

catchline: Practice of dentistry defined.


title: RCW 18.32.030

text:
The following practices, acts, and operations are excepted from the operation of the provisions of this chapter:
(1) The rendering of dental relief in emergency cases in the practice of his or her profession by a physician or surgeon, licensed as such and registered under the laws of this state, unless the physician or surgeon undertakes to or does reproduce lost parts of the human teeth in the mouth or to restore or to replace in the human mouth lost or missing teeth;
(2) The practice of dentistry in the discharge of official duties by dentists in the United States federal services on federal reservations, including but not limited to the armed services, coast guard, public health service, veterans' bureau, or bureau of Indian affairs;
(3) Dental schools or colleges approved under RCW 18.32.040, and the practice of dentistry by students in accredited dental schools or colleges approved by the commission, when acting under the direction and supervision of Washington state-licensed dental school faculty;
(4) The practice of dentistry by licensed dentists of other states or countries while appearing as clinicians at meetings of the Washington state dental association, or component parts thereof, or at meetings sanctioned by them, or other groups approved by the commission;
(5) The use of roentgen and other rays for making radiographs or similar records of dental or oral tissues, under the supervision of a licensed dentist or physician;
(6) The making, repairing, altering, or supplying of artificial restorations, substitutions, appliances, or materials for the correction of disease, loss, deformity, malposition, dislocation, fracture, injury to the jaws, teeth, lips, gums, cheeks, palate, or associated tissues or parts; providing the same are made, repaired, altered, or supplied pursuant to the written instructions and order of a licensed dentist which may be accompanied by casts, models, or impressions furnished by the dentist, and the prescriptions shall be retained and filed for a period of not less than three years and shall be available to and subject to the examination of the secretary or the secretary's authorized representatives;
(7) The removal of deposits and stains from the surfaces of the teeth, the application of topical preventative or prophylactic agents, and the polishing and smoothing of restorations, when performed or prescribed by a dental hygienist licensed under the laws of this state;
(8) A qualified and licensed physician and surgeon or osteopathic physician and surgeon extracting teeth or performing oral surgery pursuant to the scope of practice under chapter 18.71 or 18.57 RCW;
(9) The performing of dental operations or services by registered dental assistants and licensed expanded function dental auxiliaries holding a credential issued under chapter 18.260 RCW when performed under the supervision of a licensed dentist, by dental therapists licensed under chapter 18.265 RCW, or by other persons not licensed under this chapter if the person is licensed pursuant to chapter 18.29, 18.57, 18.71, or 18.79 RCW as it applies to registered nurses and *advanced registered nurse practitioners, each while acting within the scope of the person's permitted practice under the person's license: PROVIDED HOWEVER, That such persons shall in no event perform the following dental operations or services unless permitted to be performed by the person under this chapter or chapters 18.29, 18.57, 18.71, 18.79 as it applies to registered nurses and *advanced registered nurse practitioners, and 18.260 RCW:
(a) Any removal of or addition to the hard or soft tissue of the oral cavity;
(b) Any diagnosis of or prescription for treatment of disease, pain, deformity, deficiency, injury, or physical condition of the human teeth or jaws, or adjacent structure;
(c) Any administration of general or injected local anaesthetic of any nature in connection with a dental operation, including intravenous sedation;
(d) Any oral prophylaxis;
(e) The taking of any impressions of the teeth or jaw or the relationships of the teeth or jaws, for the purpose of fabricating any intra-oral restoration, appliance, or prosthesis;
(10) The performing of dental services described in RCW 18.350.040 by dental anesthesia assistants certified under chapter 18.350 RCW when working under the supervision and direction of an oral and maxillofacial surgeon or dental anesthesiologist; and
(11) The performance of dental health aide therapist services to the extent authorized under chapter 70.350 RCW.
[ 2023 c 460 s 12; 2017 c 5 s 5; 2012 c 23 s 7; 2007 c 269 s 15; 2003 c 282 s 1; 1994 sp.s. c 9 s 203; 1991 c 3 s 59; 1989 c 202 s 13; 1979 c 158 s 35; 1971 ex.s. c 236 s 1; 1969 c 47 s 7; 1957 c 52 s 21; 1953 c 93 s 1; 1951 c 130 s 1. Prior: (i) 1941 c 92 s 3; 1935 c 112 s 25; Rem. Supp. 1941 s 10031-25; prior: 1923 c 16 s 23. (ii) 1935 c 112 s 6; RRS s 10031-6; prior: 1923 c 16 s 1; 1901 c 152 s 5; 1893 c 55 s 11.]
Notes:
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Effective date—2023 c 460 ss 1-22: See note following RCW 18.265.005.
Application—Implementation—2007 c 269: See RCW 18.260.900 and 18.260.901.

catchline: Exemptions from chapter.


title: RCW 18.32.0351

text:
The Washington state dental quality assurance commission is established, consisting of 21 members each appointed by the governor to a four-year term. No member may serve more than two consecutive full terms. Members of the commission hold office until their successors are appointed. All members shall be appointed to full four-year terms. Twelve members of the commission must be dentists, four members must be dental therapists licensed under chapter 18.265 RCW, two members must be expanded function dental auxiliaries licensed under chapter 18.260 RCW, and three members must be public members.
[ 2023 c 460 s 13; 2022 c 240 s 1; 2007 c 269 s 16; 1994 sp.s. c 9 s 204.]
Notes:
Effective date—2023 c 460 ss 1-22: See note following RCW 18.265.005.
Effective date—2007 c 269 s 16: "Section 16 of this act takes effect July 1, 2009." [ 2007 c 269 s 20.]
Application—Implementation—2007 c 269: See RCW 18.260.900 and 18.260.901.

catchline: Commission established—Membership.


title: RCW 18.32.0353

text:
The governor may remove a member of the commission for neglect of duty, misconduct, or malfeasance or misfeasance in office. Whenever the governor is satisfied that a member of the commission has been guilty of neglect of duty, misconduct, or malfeasance or misfeasance in office, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary shall forthwith send a certified copy of the order of removal and statement of causes by certified mail to the last known post office address of the member. If a vacancy occurs on the commission, the governor shall appoint a replacement to fill the remainder of the unexpired term.
[ 1994 sp.s. c 9 s 205.]

catchline: Commission—Removal of member—Order of removal—Vacancy.


title: RCW 18.32.0355

text:
Members must be residents of this state. Dentist members must be licensed dentists in the active practice of dentistry for a period of five years before appointment. Of the twelve dentists appointed to the commission, at least four must reside and engage in the active practice of dentistry east of the summit of the Cascade mountain range. Public members of the commission may not be a member of any other health care licensing board or commission, or have a fiduciary obligation to a facility rendering health services regulated by the commission, or have a material or financial interest in the rendering of health services regulated by the commission.
[ 2022 c 240 s 2; 1994 sp.s. c 9 s 206.]

catchline: Commission—Qualifications of members.


title: RCW 18.32.0357

text:
The commission shall elect officers each year. Meetings of the commission are open to the public, except the commission may hold executive sessions to the extent permitted by chapter 42.30 RCW. The secretary of health shall furnish such secretarial, clerical, and other assistance as the commission may require.
A majority of the commission members appointed and serving constitutes a quorum for the transaction of commission business. The affirmative vote of a majority of a quorum of the commission is required to carry a motion or resolution, to adopt a rule, or to pass a measure.
The commission may appoint members of panels consisting of not less than three members. A quorum for transaction of any business shall be a minimum of three members. A majority vote of a quorum of the panel is required to transact business delegated to it by the commission.
The members of the commission are immune from suit in an action, civil or criminal, based upon its disciplinary proceedings or other official acts performed in good faith as members of the commission.
The commission may, whenever the workload of the commission requires, request that the secretary appoint pro tempore members. While serving as members pro tempore persons have all the powers, duties, and immunities, and are entitled to the emoluments, including travel expenses, of the commission.
The commission shall prepare or determine the nature of the examinations for applicants to practice dentistry.
The commission shall establish continuing dental education requirements.
The attorney general shall advise the commission and represent it in all legal proceedings.
[ 1999 c 364 s 2; 1994 sp.s. c 9 s 207.]

catchline: Commission—Duties and powers—Attorney general to advise, represent.


title: RCW 18.32.0358

text:
The commission is the successor in interest of the board of dental examiners and the dental disciplinary board. All contracts, undertakings, agreements, rules, regulations, and policies continue in full force and effect on July 1, 1994, unless otherwise repealed or rejected by chapter 9, Laws of 1994 sp. sess. or by the commission.
[ 1994 sp.s. c 9 s 226.]

catchline: Commission successor to other boards.


title: RCW 18.32.0361

text:
Each member of the commission shall be compensated in accordance with RCW 43.03.265. Members shall be reimbursed for travel expenses incurred in the actual performance of their duties, as provided in RCW 43.03.050 and 43.03.060. Commission members shall be compensated and reimbursed for their activities in developing or administering a multistate licensing examination, as provided in this chapter.
[ 1999 c 366 s 3; 1994 sp.s. c 9 s 208.]

catchline: Compensation of commission members.


title: RCW 18.32.0363

text:
The commission may contract with competent persons on a temporary basis to assist in developing or administering examinations for licensure.
The commission may enter into compacts and agreements with other states and with organizations formed by several states, for the purpose of conducting multistate licensing examinations. The commission may enter into the compacts and agreements even though they would result in the examination of a candidate for a license in this state by an examiner or examiners from another state or states, and even though the compacts and agreements would result in the examination of a candidate or candidates for a license in another state or states by an examiner or examiners from this state.
[ 1994 sp.s. c 9 s 209.]


title: RCW 18.32.0365

text:
The commission may adopt rules in accordance with chapter 34.05 RCW to implement this chapter and chapter 18.130 RCW.
[ 1994 sp.s. c 9 s 210.]

catchline: Rules.


title: RCW 18.32.039

text:
The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
[ 1987 c 150 s 17; 1986 c 259 s 34.]
Notes:
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.

catchline: Application of uniform disciplinary act.


title: RCW 18.32.040

text:
The commission shall require that every applicant for a license to practice dentistry shall:
(1) Present satisfactory evidence of graduation from a dental college, school, or dental department of an institution approved by the commission;
(2) Submit, for the files of the commission, a recent picture duly identified and attested; and
(3)(a) Pass an examination prepared or approved by and administered under the direction of the commission. The dentistry licensing examination shall consist of practical and written tests upon such subjects and of such scope as the commission determines. The commission shall set the standards for passing the examination. The secretary shall keep on file the examination papers and records of examination for at least one year. This file shall be open for inspection by the applicant or the applicant's agent unless the disclosure will compromise the examination process as determined by the commission or is exempted from disclosure under chapter 42.56 RCW.
(b) The commission may accept, in lieu of all or part of the written examination required in (a) of this subsection, a certificate granted by a national or regional testing organization approved by the commission.
(c) The commission shall accept, in lieu of the practical examination required in (a) of this subsection, proof that an applicant has satisfactorily completed a general practice residency, pediatric residency, or advanced education in general dentistry residency program in Washington state accredited by the commission on dental accreditation of the American dental association, of at least one year's duration, in a residency program that serves predominantly low-income patients.
[ 2017 c 100 s 1. Prior: 2005 c 454 s 2; 2005 c 274 s 222; 1994 sp.s. c 9 s 211; 1991 c 3 s 61; 1989 c 202 s 16; 1979 c 38 s 2; 1935 c 112 s 5; RRS s 10031-5; prior: 1923 c 16 ss 4, 5. Formerly RCW 18.32.040 and 18.32.130 through 18.32.150.]
Notes:
Effective date—2005 c 454: See note following RCW 18.32.195.

catchline: Requirements for licensure.


title: RCW 18.32.050

text:
Commission members shall be compensated and reimbursed pursuant to this section for their activities in administering a multistate licensing examination pursuant to the commission's compact or agreement with another state or states or with organizations formed by several states.
[ 1995 c 198 s 2; 1994 sp.s. c 9 s 212; 1984 c 287 s 30; 1979 c 38 s 3; 1975-'76 2nd ex.s. c 34 s 34; 1967 c 188 s 2; 1957 c 52 s 23; 1953 c 93 s 3. Prior: 1935 c 112 s 11, part; RRS s 10031-11, part.]
Notes:
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

catchline: Compensation and reimbursement for administering examination.


title: RCW 18.32.091

text:
No person, unless previously licensed to practice dentistry in this state, shall begin the practice of dentistry in this state without first applying to, and obtaining a license.
[ 2017 c 320 s 5; 1987 c 150 s 18.]
Notes:
Finding—Intent—2017 c 320: See note following RCW 18.32.677.
Severability—1987 c 150: See RCW 18.122.901.

catchline: License required.


title: RCW 18.32.100

text:
The applicant for a dentistry license shall file an application on a form furnished by the secretary, stating the applicant's name, age, place of residence, the name of the school or schools attended by the applicant, the period of such attendance, the date of the applicant's graduation, whether the applicant has ever been the subject of any disciplinary action related to the practice of dentistry, and shall include a statement of all of the applicant's dental activities. This shall include any other information deemed necessary by the commission.
The application shall be signed by the applicant and shall be accompanied by proof of the applicant's school attendance and graduation.
[ 2015 c 72 s 8; 1994 sp.s. c 9 s 213; 1991 c 3 s 62; 1989 c 202 s 18; 1957 c 52 s 28; 1953 c 93 s 4; 1951 c 130 s 2; 1941 c 92 s 2; 1935 c 112 s 4; Rem. Supp. 1941 s 10031-4, part. Prior: 1923 c 16 ss 2, 3, 6, 7; 1901 c 152 s 1; 1893 c 55 s 4.]

catchline: Applications.


title: RCW 18.32.110

text:
Each applicant shall pay a fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280.
[ 1996 c 191 s 14; 1991 c 3 s 63; 1989 c 202 s 19; 1985 c 7 s 23; 1975 1st ex.s. c 30 s 27; 1969 c 49 s 1; 1957 c 52 s 29. Prior: 1941 c 92 s 2, part; 1935 c 112 s 4; Rem. Supp. 1941 s 10031-4, part.]

catchline: Application fee.


title: RCW 18.32.160

text:
All licenses issued by the secretary on behalf of the commission shall be signed by the secretary or chairperson and secretary of the commission.
[ 1994 sp.s. c 9 s 215; 1991 c 3 s 65; 1989 c 202 s 21; 1951 c 130 s 3; 1935 c 112 s 17; RRS s 10031-17.]

catchline: Licenses—Who shall sign.


title: RCW 18.32.170

text:
A fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280 shall be charged for every duplicate license issued by the secretary.
[ 1996 c 191 s 15; 1991 c 3 s 66; 1985 c 7 s 25; 1975 1st ex.s. c 30 s 29; 1957 c 52 s 25. Prior: 1935 c 112 s 11, part; RRS s 10031-11, part.]

catchline: Duplicate licenses—Fee.


title: RCW 18.32.180

text:
Every person licensed to practice dentistry in this state shall renew his or her license and comply with administrative procedures, administrative requirements, continuing education requirements, and fees as provided in RCW 43.70.250 and 43.70.280. The commission, in its sole discretion, may permit the applicant to be licensed without examination, and with or without conditions, if it is satisfied that the applicant meets all the requirements for licensure in this state and is competent to engage in the practice of dentistry.
[ 1999 c 364 s 3; 1996 c 191 s 16; 1994 sp.s. c 9 s 216; 1991 c 3 s 67; 1989 c 202 s 22; 1985 c 7 s 26; 1975 1st ex.s. c 30 s 30; 1969 c 49 s 3; 1951 c 130 s 4; 1935 c 112 s 24; RRS s 10031-24.]
Notes:
Application—1999 c 364: "The continuing education requirements of RCW 18.32.180 apply to licenses renewed after July 1, 2001." [ 1999 c 364 s 4.]

catchline: License renewal.


title: RCW 18.32.185

text:
The commission may adopt rules under this section authorizing an inactive license status.
(1) An individual licensed under chapter 18.32 RCW may place his or her license on inactive status. The holder of an inactive license must not practice dentistry in this state without first activating the license.
(2) The inactive renewal fee must be established by the secretary under RCW 43.70.250. Failure to renew an inactive license shall result in cancellation of the inactive license in the same manner as an active license.
(3) An inactive license may be placed in an active status upon compliance with rules established by the commission.
(4) Provisions relating to disciplinary action against a person with a license are applicable to a person with an inactive license, except that when disciplinary proceedings against a person with an inactive license have been initiated, the license will remain inactive until the proceedings have been completed.
[ 1996 c 187 s 1.]

catchline: Inactive license status.


title: RCW 18.32.190

text:
Every person who engages in the practice of dentistry in this state shall cause his or her license to be, at all times, displayed in a conspicuous place, in his or her office wherein he or she shall practice such profession, and shall further, whenever requested, exhibit such license to any of the members of the commission, or its authorized agent, and to the secretary or his or her authorized agent. Every licensee shall notify the secretary of the address or addresses, and of every change thereof, where the licensee shall engage in the practice of dentistry.
[ 1994 sp.s. c 9 s 217; 1991 c 3 s 68; 1981 c 277 s 7; 1935 c 112 s 7; RRS s 10031-7. Prior: 1923 c 16 s 15; 1893 c 55 s 5.]

catchline: Licenses display—Notification of address.


title: RCW 18.32.195

text:
The commission may, without examination, issue a license to persons who possess the qualifications set forth in this section.
(1) The commission may, upon written request of the dean of the school of dentistry of any institution of higher education in Washington state accredited by the commission on dental accreditation, issue a license to practice dentistry in this state to persons who have been licensed or otherwise authorized to practice dentistry in another state or country and who have been accepted for employment by the school of dentistry as faculty members. For purposes of this subsection, this means teaching members of the faculty of any school of dentistry in any institution of higher education in Washington state accredited by the commission on dental accreditation. Such license shall permit the holder thereof to practice dentistry within the confines of the university facilities for a period of one year while he or she is so employed as a faculty member by the school of dentistry. It shall terminate whenever the holder ceases to be a faculty member. Such license shall permit the holder thereof to practice dentistry only in connection with his or her duties in employment with the school of dentistry. This limitation shall be stated on the license.
(2) The commission may, upon written request of the dean of the school of dentistry of any institution of higher education in Washington state accredited by the commission on dental accreditation or the director of a postdoctoral dental residency program approved by the commission, issue a limited license to practice dentistry in this state to university postdoctoral students or residents in dental education or to postdoctoral residents in a dental residency program approved by the commission. Prior to July 1, 2010, a dental residency program must be accredited by the commission on dental accreditation, or be in the process of obtaining such accreditation, in order to be approved by the commission. On or after July 1, 2010, the dental residency program must be accredited by the commission on dental accreditation in order to be approved by the commission. The license shall permit the resident dentist to provide dental care only in connection with his or her duties as a university postdoctoral dental student or resident or a postdoctoral resident in a program approved by the commission.
(3) The commission may condition the granting of a license under this section with terms the commission deems appropriate. All persons licensed under this section shall be subject to the jurisdiction of the commission to the same extent as other members of the dental profession, in accordance with this chapter, and in addition the licensee may be disciplined by the commission after a hearing has been held in accordance with the provisions set forth in this chapter, and determination by the commission that such licensee has violated any of the restrictions set forth in this section.
(4) Persons applying for licensure pursuant to this section shall pay the application fee determined by the secretary and, in the event the license applied for is issued, a license fee at the rate provided for licenses generally. After review by the commission, licenses issued under this section may be renewed annually if the licensee continues to be employed as a faculty member of the school of dentistry of any institution of higher education in Washington state accredited by the commission on dental accreditation, or is a university postdoctoral student or resident in dental education, or a postdoctoral resident in a dental residency program approved by the commission, and otherwise meets the requirements of the provisions and conditions deemed appropriate by the commission. Any person who obtains a license pursuant to this section may, without an additional application fee, apply for licensure under this chapter, in which case the applicant shall be subject to examination and the other requirements of this chapter.
[ 2023 c 89 s 1; 2009 c 327 s 1. Prior: 2005 c 454 s 1; 2005 c 164 s 1; 1994 sp.s. c 9 s 218; 1992 c 59 s 1; 1991 c 3 s 69; 1985 c 111 s 1.]
Notes:
Effective date—2009 c 327: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 4, 2009]." [ 2009 c 327 s 2.]
Effective date—2005 c 454: "This act takes effect July 1, 2006." [ 2005 c 454 s 4.]

catchline: Licensure without examination—Dental school faculty and residents.


title: RCW 18.32.215

text:
(1) An applicant holding a valid license and currently engaged in practice in another state may be granted a license without examination required by this chapter, on the payment of any required fees, if the applicant:
(a) Is a graduate of a dental college, school, or dental department of an institution approved by the commission under RCW 18.32.040(1); or
(b)(i) Has practiced in another state for at least four years; and
(ii) Has completed a one-year postdoctoral residency approved by the commission. The residency may have been completed outside Washington.
(2) The commission may also require the applicant to: (a) File with the commission documentation certifying the applicant is licensed to practice in another state; and (b) provide information as the commission deems necessary pertaining to the conditions and criteria of the Uniform Disciplinary Act, chapter 18.130 RCW, and to demonstrate to the commission a knowledge of Washington law pertaining to the practice of dentistry.
[ 2008 c 147 s 1; 2003 c 57 s 2; 1994 sp.s. c 9 s 219; 1989 c 202 s 30.]
Notes:
Finding—2003 c 57: "The legislature finds and declares that access to dental care is severely hampered by a critical and emergent shortage of dental providers in Washington state. Dental disease is an epidemic among poor children, the elderly, the disabled, and anyone who does not have access to adequate dental care. Dental decay is worsening among children under four years of age, with forty-one percent of the state's head start children needing treatment for dental decay. The lack of qualified dentists poses a serious and compelling threat to the oral health of the people of this state.
Shortages are also due to licensing restrictions that have discouraged qualified dentists from coming into this state. Increasing the number of dentists from other states and from military service would enable retiring dentists in this state to sell their practices to other qualified practitioners." [ 2003 c 57 s 1.]

catchline: Licensure without examination—Licensed in another state.


title: RCW 18.32.220

text:
Anyone who is a licensed dentist in the state of Washington who desires to change residence to another state or territory, shall, upon application to the secretary and payment of a fee as determined by the secretary under RCW 43.70.250 and 43.70.280, receive a certificate over the signature of the secretary or his or her designee, which shall attest to the facts mentioned in this section, and giving the date upon which the dentist was licensed.
[ 1996 c 191 s 17; 1991 c 3 s 70; 1989 c 202 s 23; 1935 c 112 s 14; RRS s 10031-14. FORMER PART OF SECTION: 1935 c 112 s 15; RRS s 10031-15, now codified as RCW 18.32.225.]

catchline: Certificate available for dentists going out-of-state.


title: RCW 18.32.222

text:
By November 15, 2009, the commission shall report to the governor and the legislature with recommendations for appropriate standards for issuing a license to a foreign-trained dentist. The recommendations shall consider the balance between maintaining assurances that Washington's dental professionals are well-qualified and planning for an adequate supply of dentists to meet the future needs of Washington's diverse urban and rural communities. In addition to considering the use of standards established by accreditation organizations, the recommendations shall consider other options to reduce barriers to licensure.
[ 2008 c 147 s 2.]


title: RCW 18.32.226

text:
(1) For low-income, rural, and other at-risk populations and in coordination with local public health jurisdictions and local oral health coalitions, a dental assistant working as of April 19, 2001, under the supervision of a licensed dentist may apply sealants and fluoride varnishes under the general supervision of a dentist in community-based sealant programs carried out in schools without attending the department's school sealant endorsement program.
(2) For low-income, rural, and other at-risk populations and in coordination with local public health jurisdictions and local oral health coalitions, dental assistants who are school sealant endorsed under RCW 43.70.650 may apply sealants and fluoride varnishes under the general supervision of a dentist in community-based sealant programs carried out in schools.
[ 2001 c 93 s 4.]
Notes:
Findings—Intent—Effective date—2001 c 93: See notes following RCW 43.70.650.

catchline: Community-based sealant programs in schools.


title: RCW 18.32.390

text:
Any person who violates any of the provisions of the chapter for which no specific penalty has been provided herein, shall be subject to prosecution before any court of competent jurisdiction, and shall, upon conviction, be guilty of a gross misdemeanor.
[ 1986 c 259 s 38; 1935 c 112 s 16; RRS s 10031-16. Prior: 1901 c 152 s 4; 1893 c 55 s 8.]
Notes:
Severability—1986 c 259: See note following RCW 18.130.010.

catchline: Penalty—General.


title: RCW 18.32.530

text:
In addition to those acts defined in chapter 18.130 RCW, the term "unprofessional conduct" as used in RCW 18.32.530 through 18.32.755 includes gross, willful, or continued overcharging for professional services.
[ 1989 c 202 s 26; 1986 c 259 s 41; 1977 ex.s. c 5 s 3.]
Notes:
Savings—1986 c 259 ss 36, 37, 41, 43: See note following RCW 18.32.665.
Severability—1986 c 259: See note following RCW 18.130.010.
Violation of chapter 69.50 RCW, the Uniform Controlled Substances Act—Suspension of license: RCW 69.50.413.

catchline: "Unprofessional conduct."


title: RCW 18.32.533

text:
It is unprofessional conduct under this chapter and chapter 18.130 RCW for a dentist to abrogate the copayment provisions of a contract by accepting the payment received from a third party payer as full payment.
[ 1985 c 202 s 1.]

catchline: Unprofessional conduct—Abrogation of copayment provisions.


title: RCW 18.32.534

text:
(1) To implement a dentist health program as authorized by RCW 18.130.175, the commission shall enter into a contract with a physician health program or a voluntary substance use disorder monitoring program. The dentist health program may include any or all of the following:
(a) Contracting with providers of treatment programs;
(b) Receiving and evaluating reports of suspected impairment from any source;
(c) Intervening in cases of verified impairment;
(d) Referring impaired dentists to treatment programs;
(e) Monitoring the treatment and rehabilitation of impaired dentists including those ordered by the commission;
(f) Providing education, prevention of impairment, posttreatment monitoring, and support of rehabilitated impaired dentists; and
(g) Performing other related activities as determined by the commission.
(2) A contract entered into under subsection (1) of this section shall be financed by a surcharge of up to $70 per year or equivalent on each license issuance or renewal to be collected by the department of health from every dentist licensed under this chapter. These moneys shall be placed in the health professions account to be used solely for the implementation of the dentist health program.
[ 2024 c 15 s 6; 2022 c 43 s 2; 2013 c 129 s 1; 1999 c 179 s 1; 1994 sp.s. c 9 s 220; 1991 c 3 s 72; 1989 c 125 s 1.]
Notes:
Effective date—2024 c 15 s 6: "Section 6 of this act takes effect January 1, 2026." [ 2024 c 15 s 8.]
Findings—2024 c 15: See note following RCW 18.71.310.

catchline: Dentist health program—Content—License surcharge.


title: RCW 18.32.640

text:
(1) The commission may adopt such rules as it deems necessary to carry out this chapter.
(2) The commission may adopt rules governing administration of sedation and general anesthesia by persons licensed under this chapter, including necessary training, education, equipment, and the issuance of any permits, certificates, or registration as required.
[ 1994 sp.s. c 9 s 221; 1988 c 217 s 1; 1986 c 259 s 42; 1977 ex.s. c 5 s 14.]
Notes:
Severability—1986 c 259: See note following RCW 18.130.010.

catchline: Rules—Administration of sedation and general anesthesia.


title: RCW 18.32.655

text:
The commission shall:
(1) Require licensed dentists to keep and maintain a copy of each laboratory referral instruction, describing detailed services rendered, for a period to be determined by the commission but not more than three years, and may require the production of all such records for examination by the commission or its authorized representatives; and
(2) Adopt reasonable rules requiring licensed dentists to make, maintain, and produce for examination by the commission or its authorized representatives such other records as may be reasonable and proper in the performance of its duties and enforcing the provisions of this chapter.
[ 1994 sp.s. c 9 s 222; 1986 c 259 s 35; 1953 c 93 s 8. Formerly RCW 18.32.085.]
Notes:
Severability—1986 c 259: See note following RCW 18.130.010.


title: RCW 18.32.665

text:
It shall be unlawful for any person, firm, or corporation to publish, directly or indirectly, or circulate any fraudulent, false, or misleading statements within the state of Washington as to the skill or method of practice of any person or operator; or in any way to advertise in print any matter with a view of deceiving the public, or in any way that will tend to deceive or defraud the public; or to claim superiority over neighboring dental practitioners; or to publish reports of cases or certificates of same in any public advertising media; or to advertise as using any anesthetic, drug, formula, medicine, which is either falsely advertised or misnamed; or to employ "capper" or "steerers" to obtain patronage; and any person committing any offense against any of the provisions of this section shall, upon conviction, be subjected to such penalties as are provided in this chapter: PROVIDED, That any person licensed under this chapter may announce credit, terms of credit or installment payments that may be made at periodical intervals to apply on account of any dental service rendered. The commission may adopt such rules as are necessary to carry out the intent of this section.
[ 1994 sp.s. c 9 s 223; 1986 c 259 s 36; 1935 c 112 s 20; RRS s 10031-20. Formerly RCW 18.32.290.]
Notes:
Savings—1986 c 259 ss 36, 37, 41, 43: "The repeal of RCW 18.32.090 and 18.32.550 and the amendment of RCW 18.32.290, 18.32.360, and 18.32.530 by this act shall not be construed as affecting any rights and duties which matured, penalties which were incurred, and proceedings which were begun before June 11, 1986." [ 1986 c 259 s 44.]
Severability—1986 c 259: See note following RCW 18.130.010.
False advertising: RCW 9.04.010.

catchline: Advertising—False—Credit terms.


title: RCW 18.32.675

text:
(1) No corporation shall practice dentistry or shall solicit through itself, or its agent, officers, employees, directors or trustees, dental patronage for any dentists or dental surgeon employed by any corporation: PROVIDED, That nothing contained in this chapter shall prohibit a corporation from employing a dentist or dentists to render dental services to its employees: PROVIDED, FURTHER, That such dental services shall be rendered at no cost or charge to the employees; nor shall it apply to corporations or associations in which the dental services were originated and are being conducted upon a purely charitable basis for the worthy poor.
(2) Nothing in this chapter precludes a person or entity not licensed by the commission from:
(a) Ownership or leasehold of any assets used by a dental practice, including real property, furnishings, equipment, instruments, materials, supplies, and inventory, excluding dental records of patients;
(b)(i) Employing or contracting for the services of personnel other than licensed dentists, licensed dental hygienists, licensed expanded function dental auxiliaries, certified dental anesthesia assistants, and registered dental assistants;
(ii) Contracting for the services of a licensed dentist or employing or contracting for the services of licensed dental hygienists, licensed expanded function dental auxiliaries, certified dental anesthesia assistants, and registered dental assistants if the entity is a health service contractor that is licensed under chapter 48.44 RCW and is organized as a nonprofit integrated care delivery system, if all of the following conditions are met:
(A) The arrangement between the parties meets the personal services and management contracts safe harbor requirements as provided by 42 C.F.R. Sec. 1001.952(d); and
(B) The arrangement between the parties meets either of the following safe harbors:
(I) The managed care organization safe harbor requirements as provided by 42 C.F.R. Sec. 1001.952(t); or
(II) The space rental safe harbor requirements as provided by 42 C.F.R. Sec. 1001.952(b) and the equipment rental safe harbor requirements as provided by 42 C.F.R. Sec. 1001.952(c);
(c) Providing business support and management services to a dental practice, including as a sole provider of such services; and
(d) Receiving fees for the services in (a) through (c) of this subsection provided to a dental practice calculated as agreed to by the dental practice owner or owners.
(3) Nothing in this chapter shall prohibit a health carrier as defined in RCW 48.43.005, while acting in its capacity as a health carrier and in no other capacity, from entering into provider contracts or provider compensation agreements, as defined in RCW 48.43.730, with a dentist or dental practice.
(4) Any corporation violating this section is guilty of a gross misdemeanor, and each day that this chapter is violated shall be considered a separate offense.
[ 2018 c 210 s 1; 2017 c 320 s 2; 2003 c 53 s 124; 1935 c 112 s 19; RRS s 10031-19. Formerly RCW 18.32.310.]
Notes:
Finding—Intent—2017 c 320: See note following RCW 18.32.677.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Practice or solicitation by corporations prohibited—Penalty.


title: RCW 18.32.677

text:
(1) A person that is not licensed under this chapter or an entity that is not a professional entity practices dentistry in violation of this chapter, and subject to enforcement under RCW 18.130.190, if the person or entity interferes with a licensed dentist's independent clinical judgment by:
(a) Limiting or imposing requirements on the length of time a dentist spends with a patient or performing dental services, or otherwise placing conditions on the number of patients a dentist must treat in a certain period of time or the number of certain types of procedures a dentist must complete in a certain time period;
(b) Limiting or imposing requirements on the decision of a dentist regarding a course or alternative course of treatment for a patient or the manner in which a course of treatment is carried out by the dentist;
(c) Limiting or imposing requirements on the manner in which a dentist uses dental equipment or materials for the provision of dental treatment;
(d) Limiting or imposing requirements on the use of a laboratory or the materials, supplies, instruments, or equipment deemed reasonably necessary by a dentist to provide diagnoses and treatment consistent with the standard of care;
(e) Limiting or imposing requirements for the professional training deemed reasonably necessary by a dentist to properly serve the dentist's patients;
(f) Limiting or imposing requirements on the referrals by a dentist to another licensed dentist specialist or any other practitioner the dentist determines is necessary;
(g) Interfering with a dentist's right to access patient records at any time;
(h) Interfering with a dentist's decision to refund any payment made by a patient for dental services performed by the dentist;
(i) Limiting or imposing requirements on the advertising of a dental practice if it would result in a violation of this chapter or *RCW 18.130.020(12)(b) by the dental practice; or
(j) Limiting or imposing requirements on communications with a dentist's patients.
(2) For the purpose of this section, "dentist" means a dentist licensed under this chapter.
(3) Violations of this section shall be enforced pursuant to RCW 18.130.190, including the authority to issue subpoenas pursuant to RCW 18.130.050(4). Communication of complaints or information to a state agency pursuant to RCW 4.24.500 through 4.24.520 are covered by those provisions.
[ 2017 c 320 s 3.]
Notes:
*Reviser's note: RCW 18.130.020 was amended by 2018 c 300 s 3, changing subsection (12)(b) to subsection (13)(b). RCW 18.130.020 was subsequently amended by 2025 c 97 s 1, changing subsection (13)(b) to subsection (14)(b).
Finding—Intent—2017 c 320: "The legislature finds that Washington law should allow dentists to determine, based on their individual circumstances, which dental practice model would allow them to best serve the needs of their patients. Dentists should have the option to contract for administrative support services and dentists should also be able to lease real or personal property in a manner that meets their individual business needs. The legislature intends that these contract decisions must not interfere with the independent clinical judgment of the dentist entering the contract." [ 2017 c 320 s 1.]

catchline: Interference with licensee's independent clinical judgment.


title: RCW 18.32.683

text:
(1) The attending dentist, without reasonable cause, must not neglect, ignore, abandon, or refuse to complete the current procedure for a patient. If the dentist chooses to withdraw responsibility for a patient of record, the dentist shall:
(a) Advise the patient that termination of treatment is contemplated and that another dentist should be sought to complete the current procedure and for future care; and
(b) Advise the patient that the dentist will remain reasonably available under the circumstances for up to fifteen days from the date of such notice to render emergency care related to that current procedure.
(2) If a dentist provides dental services as an employee or contractor of another dentist or an entity authorized to render dental services pursuant to chapter 18.100, 25.05, or 25.15 RCW or to operate a dental office pursuant to RCW 18.32.675(1), the other dentist or entity shall be responsible for the continuing treatment of patients and a dentist who ceases to be an employee or contractor of such other dentist or entity is not deemed to have abandoned any patient, and is not obligated to advise any patient as provided in this section, with respect to which the continuing treatment responsibility is retained by the other dentist or entity. If an entity is responsible for the continuing treatment of patients, any licensed dentist who is the owner of the entity is considered the attending dentist responsible for ensuring compliance by the entity with this section.
(3) A dental practice owner who is discontinuing a dental practice or moving a dental practice to a new location must comply with the requirements of subsection (1) of this section, or must make reasonable arrangements for the transfer of the patient records of active patients of the dental practice, or copies of the records, to a licensed dentist or professional entity, or at the written request of any patient, transfer of the patient's records, or copies of the records, to the patient. An unlicensed person or entity shall not intentionally prevent a dental practice owner from complying with this subsection.
[ 2017 c 320 s 4.]
Notes:
Finding—Intent—2017 c 320: See note following RCW 18.32.677.

catchline: Patient abandonment.


title: RCW 18.32.685

text:
Registered pharmacists of this state may fill prescriptions of legally licensed dentists of this state for any drug necessary in the practice of dentistry.
[ 1935 c 112 s 26; RRS s 10031-26. Prior: 1923 c 16 s 24. Formerly RCW 18.32.320.]
Notes:
Pharmacists: Chapter 18.64 RCW.

catchline: Prescriptions—Filled by druggists.