title: RCW 18.33.030

text:
(1) To obtain and exercise the compact privilege under the terms and provisions of the compact, the licensee shall:
(a) Have a qualifying license as a dentist or dental hygienist in a participating state;
(b) Be eligible for a compact privilege in any remote state in accordance with subsections (4), (7), and (8) of this section;
(c) Submit to an application process whenever the licensee is seeking a compact privilege;
(d) Pay any applicable commission and remote state fees for a compact privilege in the remote state;
(e) Meet any jurisprudence requirement established by a remote state in which the licensee is seeking a compact privilege;
(f) Have passed a national board examination of the joint commission on national dental examinations or another examination accepted by commission rule;
(g) For a dentist, have graduated from a predoctoral dental education program accredited by the commission on dental accreditation or another accrediting agency recognized by the United States department of education for the accreditation of dentistry and dental hygiene education programs, leading to the doctor of dental surgery or doctor of dental medicine degree;
(h) For a dental hygienist, have graduated from a dental hygiene education program accredited by the commission on dental accreditation or another accrediting agency recognized by the United States department of education for the accreditation of dentistry and dental hygiene education programs;
(i) Have successfully completed a clinical assessment for licensure;
(j) Report to the commission adverse action taken by any nonparticipating state when applying for a compact privilege and, otherwise, within 30 days from the date the adverse action is taken;
(k) Report to the commission when applying for a compact privilege the address of the licensee's primary residence and thereafter immediately report to the commission any change in the address of the licensee's primary residence; and
(l) Consent to accept service of process by mail at the licensee's primary residence on record with the commission with respect to any action brought against the licensee by the commission or a participating state, and consent to accept service of a subpoena by mail at the licensee's primary residence on record with the commission with respect to any action brought or investigation conducted by the commission or a participating state.
(2) The licensee must comply with the requirements of subsection (1) of this section to maintain the compact privilege in the remote state. If those requirements are met, the compact privilege will continue as long as the licensee maintains a qualifying license in the state through which the licensee applied for the compact privilege and pays any applicable compact privilege renewal fees.
(3) A licensee providing dentistry or dental hygiene in a remote state under the compact privilege shall function within the scope of practice authorized by the remote state for a dentist or dental hygienist licensed in that state.
(4) A licensee providing dentistry or dental hygiene pursuant to a compact privilege in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, by adverse action revoke or remove a licensee's compact privilege in the remote state for a specific period of time and impose fines or take any other necessary actions to protect the health and safety of its citizens. If a remote state imposes an adverse action against a compact privilege that limits the compact privilege, that adverse action applies to all compact privileges in all remote states. A licensee whose compact privilege in a remote state is removed for a specified period of time is not eligible for a compact privilege in any other remote state until the specific time for removal of the compact privilege has passed and all encumbrance requirements are satisfied.
(5) If a license in a participating state is an encumbered license, the licensee shall lose the compact privilege in a remote state and shall not be eligible for a compact privilege in any remote state until the license is no longer encumbered.
(6) Once an encumbered license in a participating state is restored to good standing, the licensee must meet the requirements of subsection (1) of this section to obtain a compact privilege in a remote state.
(7) If a licensee's compact privilege in a remote state is removed by the remote state, the individual shall lose or be ineligible for the compact privilege in any remote state until the following occur:
(a) The specific period of time for which the compact privilege was removed has ended; and
(b) All conditions for removal of the compact privilege have been satisfied.
(8) Once the requirements of subsection (7) of this section have been met, the licensee must meet the requirements in subsection (1) of this section to obtain a compact privilege in a remote state.
[ 2023 c 297 s 4.]

catchline: Compact privilege.


doc_type: statute

jurisdiction: wa

title: RCW 18.33.040

text:
An active military member and their spouse shall not be required to pay to the commission for a compact privilege the fee otherwise charged by the commission. If a remote state chooses to charge a fee for a compact privilege, it may choose to charge a reduced fee or no fee to an active military member and their spouse for a compact privilege.
[ 2023 c 297 s 5.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Active military member or their spouse.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 18.33.050

text:
(1) A participating state in which a licensee is licensed shall have exclusive authority to impose adverse action against the qualifying license issued by that participating state.
(2) A participating state may take adverse action based on the significant investigative information of a remote state, so long as the participating state follows its own procedures for imposing adverse action.
(3) Nothing in this compact shall override a participating state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the participating state's laws. Participating states must require licensees who enter any alternative program in lieu of discipline to agree not to practice pursuant to a compact privilege in any other participating state during the term of the alternative program without prior authorization from such other participating state.
(4) Any participating state in which a licensee is applying to practice or is practicing pursuant to a compact privilege may investigate actual or alleged violations of the statutes and regulations authorizing the practice of dentistry or dental hygiene in any other participating state in which the dentist or dental hygienist holds a license or compact privilege.
(5) A remote state shall have the authority to:
(a) Take adverse actions as set forth in RCW 18.33.030(4) against a licensee's compact privilege in the state;
(b) In furtherance of its rights and responsibilities under the compact and the commission's rules, issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a state licensing authority in a participating state for the attendance and testimony of witnesses or the production of evidence from another participating state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence is located; and
(c) If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.
(6)(a) In addition to the authority granted to a participating state by its dentist or dental hygienist licensure act or other applicable state law, a participating state may jointly investigate licensees with other participating states.
(b) Participating states shall share any significant investigative information, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
(7)(a) After a licensee's compact privilege in a remote state is terminated, the remote state may continue an investigation of the licensee that began when the licensee had a compact privilege in that remote state.
(b) If the investigation yields what would be significant investigative information had the licensee continued to have a compact privilege in that remote state, the remote state shall report the presence of such information to the data system as required by RCW 18.33.070(2)(f) as if it was significant investigative information.
[ 2023 c 297 s 6.]

catchline: Adverse action.


title: RCW 18.33.060

text:
(1) The compact participating states hereby create and establish a joint government agency whose membership consists of all participating states that have enacted the compact. The commission is an instrumentality of the participating states acting jointly and not an instrumentality of any one state. The commission shall come into existence on or after the effective date of the compact as set forth in RCW 18.33.100(1).
(2)(a) Each participating state shall have and be limited to one commissioner selected by that participating state's state licensing authority or, if the state has more than one state licensing authority, selected collectively by the state licensing authorities.
(b) The commissioner shall be a member or designee of such authority or authorities.
(c) The commission may by rule or bylaw establish a term of office for commissioners and may by rule or bylaw establish term limits.
(d) The commission may recommend to a state licensing authority or authorities, as applicable, removal or suspension of an individual as the state's commissioner.
(e) A participating state's state licensing authority or authorities, as applicable, shall fill any vacancy of its commissioner on the commission within 60 days of the vacancy.
(f) Each commissioner shall be entitled to one vote on all matters that are voted upon by the commission.
(g) The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, videoconference, or other similar electronic means.
(3) The commission shall have the following powers:
(a) Establish the fiscal year of the commission;
(b) Establish a code of conduct and conflict of interest policies;
(c) Adopt rules and bylaws;
(d) Maintain its financial records in accordance with the bylaws;
(e) Meet and take such actions as are consistent with the provisions of this compact, the commission's rules, and the bylaws;
(f) Initiate and conclude legal proceedings or actions in the name of the commission, provided that the standing of any state licensing authority to sue or be sued under applicable law shall not be affected;
(g) Maintain and certify records and information provided to a participating state as the authenticated business records of the commission, and designate a person to do so on the commission's behalf;
(h) Purchase and maintain insurance and bonds;
(i) Borrow, accept, or contract for services of personnel including, but not limited to, employees of a participating state;
(j) Conduct an annual financial review;
(k) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
(l) As set forth in the commission rules, charge a fee to a licensee for the grant of a compact privilege in a remote state and thereafter, as may be established by commission rule, charge the licensee a compact privilege renewal fee for each renewal period in which that licensee exercises or intends to exercise the compact privilege in that remote state. Nothing herein shall be construed to prevent a remote state from charging a licensee a fee for a compact privilege or renewals of a compact privilege, or a fee for the jurisprudence requirement if the remote state imposes such a requirement for the grant of a compact privilege;
(m) Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety and/or conflict of interest;
(n) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;
(o) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
(p) Establish a budget and make expenditures;
(q) Borrow money;
(r) Appoint committees, including standing committees, which may be composed of members, state regulators, state legislators or their representatives, consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;
(s) Provide and receive information from, and cooperate with, law enforcement agencies;
(t) Elect a chair, vice chair, secretary, treasurer, and such other officers of the commission as provided in the commission's bylaws;
(u) Establish and elect an executive board;
(v) Adopt and provide to the participating states an annual report;
(w) Determine whether a state's enacted compact is materially different from the model compact language such that the state would not qualify for participation in the compact; and
(x) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.
(4)(a) All meetings of the commission that are not closed pursuant to this subsection shall be open to the public. Notice of public meetings shall be posted on the commission's website at least 30 days prior to the public meeting.
(b) Notwithstanding (a) of this subsection, the commission may convene an emergency public meeting by providing at least 24 hours prior notice on the commission's website, and any other means as provided in the commission's rules, for any of the reasons it may dispense with notice of proposed rule making under RCW 18.33.080(12). The commission's legal counsel shall certify that one of the reasons justifying an emergency public meeting has been met.
(c) Notice of all commission meetings shall provide the time, date, and location of the meeting, and if the meeting is to be held or accessible via telecommunication, videoconference, or other electronic means, the notice shall include the mechanism for access to the meeting through such means.
(d) The commission may convene in a closed, nonpublic meeting for the commission to receive legal advice or to discuss:
(i) Noncompliance of a participating state with its obligations under the compact;
(ii) The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;
(iii) Current or threatened discipline of a licensee or compact privilege holder by the commission or by a participating state's licensing authority;
(iv) Current, threatened, or reasonably anticipated litigation;
(v) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
(vi) Accusing any person of a crime or formally censuring any person;
(vii) Trade secrets or commercial or financial information that is privileged or confidential;
(viii) Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(ix) Investigative records compiled for law enforcement purposes;
(x) Information related to any investigative reports prepared by, on behalf of, or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact;
(xi) Legal advice;
(xii) Matters specifically exempted from disclosure to the public by federal or participating state law; and
(xiii) Other matters as promulgated by the commission by rule.
(e) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.
(f) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.
(5)(a) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(b) The commission may accept any and all appropriate sources of revenue, donations, and grants of money, equipment, supplies, materials, and services.
(c) The commission may levy on and collect an annual assessment from each participating state and impose fees on licensees of participating states when a compact privilege is granted to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each fiscal year for which sufficient revenue is not provided by other sources. The aggregate annual assessment amount for participating states shall be allocated based upon a formula that the commission shall promulgate by rule.
(d) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any participating state, except by and with the authority of the participating state.
(e) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the commission.
(6)(a) The executive board shall have the power to act on behalf of the commission according to the terms of this compact. The powers, duties, and responsibilities of the executive board shall include:
(i) Overseeing the day-to-day activities of the administration of the compact including compliance with the provisions of the compact and the commission's rules and bylaws;
(ii) Recommending to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact participating states, fees charged to licensees, and other fees;
(iii) Ensuring compact administration services are appropriately provided, including by contract;
(iv) Preparing and recommending the budget;
(v) Maintaining financial records on behalf of the commission;
(vi) Monitoring compact compliance of participating states and providing compliance reports to the commission;
(vii) Establishing additional committees as necessary;
(viii) Exercising the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and
(ix) Other duties as provided in the rules or bylaws of the commission.
(b) The executive board shall be composed of up to seven members:
(i) The chair, vice chair, secretary, and treasurer of the commission, and any other members of the commission who serve on the executive board, shall be voting members of the executive board; and
(ii) Other than the chair, vice chair, secretary, and treasurer, the commission may elect up to three voting members from the current membership of the commission.
(c) The commission may remove any member of the executive board as provided in the commission's bylaws.
(d) The executive board shall meet at least annually.
(i) An executive board meeting at which it takes or intends to take formal action on a matter shall be open to the public, except that the executive board may meet in a closed, nonpublic session of a public meeting when dealing with any of the matters covered under subsection (4)(d) of this section.
(ii) The executive board shall give five business days' notice of its public meetings, posted on its website and as it may otherwise determine to provide notice to persons with an interest in the public matters the executive board intends to address at those meetings.
(e) The executive board may hold an emergency meeting when acting for the commission to:
(i) Meet an imminent threat to public health, safety, or welfare;
(ii) Prevent a loss of commission or participating state funds; or
(iii) Protect public health and safety.
(7)(a) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing in this subsection (7)(a) shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the commission shall not in any way compromise or limit the immunity granted hereunder.
(b) The commission shall defend any member, officer, executive director, employee, and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
(c) Notwithstanding (a) of this subsection, should any member, officer, executive director, employee, or representative of the commission be held liable for the amount of any settlement or judgment arising out of any actual or alleged act, error, or omission that occurred within the scope of that individual's employment, duties, or responsibilities for the commission, or that the person to whom that individual is liable had a reasonable basis for believing occurred within the scope of the individual's employment, duties, or responsibilities for the commission, the commission shall indemnify and hold harmless such individual, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of the individual.
(d) Nothing herein shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.
(e) Nothing in this compact shall be interpreted to waive or otherwise abrogate a participating state's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman act, Clayton act, or any other state or federal antitrust or anticompetitive law or regulation.
(f) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the participating states or by the commission.
[ 2023 c 297 s 7.]

catchline: Establishment and operation of the commission.


title: RCW 18.33.070

text:
(1) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action, and the presence of significant investigative information on all licensees and applicants for a license in participating states.
(2) Notwithstanding any other provision of state law to the contrary, a participating state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
(a) Identifying information;
(b) Licensure data;
(c) Adverse actions against a licensee, license applicant, or compact privilege and information related thereto;
(d) Nonconfidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation;
(e) Any denial of an application for licensure, and the reason or reasons for such denial, excluding the reporting of any criminal history record information where prohibited by law;
(f) The presence of significant investigative information; and
(g) Other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the commission.
(3) The records and information provided to a participating state pursuant to this compact or through the data system, when certified by the commission or an agent thereof, shall constitute the authenticated business records of the commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a participating state.
(4) Significant investigative information pertaining to a licensee in any participating state will only be available to other participating states.
(5) It is the responsibility of the participating states to monitor the database to determine whether adverse action has been taken against a licensee or license applicant. Adverse action information pertaining to a licensee or license applicant in any participating state will be available to any other participating state.
(6) Participating states contributing information to the data system may designate information that may not be shared with the public without the express permission of the participating state.
(7) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the participating state contributing the information shall be removed from the data system.
[ 2023 c 297 s 8.]

catchline: Data system.


title: RCW 18.33.080

text:
(1) The commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the compact. A commission rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rule-making authority in a manner that is beyond the scope and purposes of the compact, or the powers granted hereunder, or based upon another applicable standard of review.
(2) The rules of the commission shall have the force of law in each participating state, provided however that where the rules of the commission conflict with the laws of the participating state that establish the participating state's scope of practice as held by a court of competent jurisdiction, the rules of the commission shall be ineffective in that state to the extent of the conflict.
(3) The commission shall exercise its rule-making powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules shall become binding as of the date specified by the commission for each rule.
(4) If a majority of the legislatures of the participating states rejects a commission rule or portion of a commission rule, by enactment of a statute or resolution in the same manner used to adopt the compact, within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any participating state or to any state applying to participate in the compact.
(5) Rules shall be adopted at a regular or special meeting of the commission.
(6) Prior to adoption of a proposed rule, the commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.
(7) Prior to adoption of a proposed rule by the commission, and at least 30 days in advance of the meeting at which the commission will hold a public hearing on the proposed rule, the commission shall provide a notice of proposed rule making:
(a) On the website of the commission or other publicly accessible platform;
(b) To persons who have requested notice of the commission's notices of proposed rule making; and
(c) In such other way or ways as the commission may by rule specify.
(8) The notice of proposed rule making shall include:
(a) The time, date, and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the commission will consider and vote on the proposed rule;
(b) If the hearing is held via telecommunication, videoconference, or other electronic means, the commission shall include the mechanism for access to the hearing in the notice of proposed rule making;
(c) The text of the proposed rule and the reason therefor;
(d) A request for comments on the proposed rule from any interested person; and
(e) The manner in which interested persons may submit written comments.
(9) All hearings will be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed rule shall be available to the public.
(10) Nothing in this section shall be construed as requiring a separate hearing on each commission rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
(11) The commission shall, by majority vote of all commissioners, take final action on the proposed rule based on the rule-making record.
(a) The commission may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the proposed rule.
(b) The commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.
(c) The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection (12) of this section, the effective date of the rule shall be no sooner than 30 days after the commission issuing the notice that it adopted or amended the rule.
(12) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 24 hours' notice, with opportunity to comment, provided that the usual rule-making procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
(a) Meet an imminent threat to public health, safety, or welfare;
(b) Prevent a loss of commission or participating state funds;
(c) Meet a deadline for the promulgation of a rule that is established by federal law or rule; or
(d) Protect public health and safety.
(13) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
(14) No participating state's rule-making requirements shall apply under this compact.
[ 2023 c 297 s 9.]

catchline: Rule making.


title: RCW 18.33.090

text:
(1)(a) The executive and judicial branches of state government in each participating state shall enforce this compact and take all actions necessary and appropriate to implement the compact.
(b) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter.
(c) The commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact or commission rule and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission service of process shall render a judgment or order void as to the commission, this compact, or promulgated rules.
(2)(a) If the commission determines that a participating state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the commission may take, and shall offer training and specific technical assistance regarding the default.
(b) The commission shall provide a copy of the notice of default to the other participating states.
(3) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the commissioners, and all rights, privileges, and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(4) Termination of participation in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, the defaulting state's state licensing authority or authorities, as applicable, and each of the participating states' state licensing authority or authorities, as applicable.
(5) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(6) Upon the termination of a state's participation in this compact, that state shall immediately provide notice to all licensees of the state, including licensees of other participating states issued a compact privilege to practice within that state, of such termination. The terminated state shall continue to recognize all compact privileges then in effect in that state for a minimum of 180 days after the date of said notice of termination.
(7) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
(8) The defaulting state may appeal the action of the commission by petitioning the United States district court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees.
(9)(a) Upon request by a participating state, the commission shall attempt to resolve disputes related to the compact that arise among participating states and between participating states and nonparticipating states.
(b) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(10)(a) The commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact and the commission's rules.
(b) By majority vote, the commission may initiate legal action against a participating state in default in the United States district court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or the defaulting participating state's law.
(c) A participating state may initiate legal action against the commission in the United States district court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees.
(d) No individual or entity other than a participating state may enforce this compact against the commission.
[ 2023 c 297 s 10.]


title: RCW 18.33.100

text:
(1) The compact shall come into effect on the date on which the compact statute is enacted into law in the seventh participating state.
(a) On or after the effective date of the compact, the commission shall convene and review the enactment of each of the states that enacted the compact prior to the commission convening ("charter participating states") to determine if the statute enacted by each such charter participating state is materially different than the model compact.
(i) A charter participating state whose enactment is found to be materially different from the model compact shall be entitled to the default process set forth in RCW 18.33.090.
(ii) If any participating state is later found to be in default, or is terminated or withdraws from the compact, the commission shall remain in existence and the compact shall remain in effect even if the number of participating states should be less than seven.
(b) Participating states enacting the compact subsequent to the charter participating states shall be subject to the process set forth in RCW 18.33.060(3)(w) to determine if their enactments are materially different from the model compact and whether they qualify for participation in the compact.
(c) All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission.
(d) Any state that joins the compact subsequent to the commission's initial adoption of the rules and bylaws shall be subject to the commission's rules and bylaws as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(2) Any participating state may withdraw from this compact by enacting a statute repealing that state's enactment of the compact.
(a) A participating state's withdrawal shall not take effect until 180 days after enactment of the repealing statute.
(b) Withdrawal shall not affect the continuing requirement of the withdrawing state's licensing authority or authorities to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
(c) Upon the enactment of a statute withdrawing from this compact, the state shall immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all compact privileges to practice within that state granted pursuant to this compact for a minimum of 180 days after the date of such notice of withdrawal.
(3) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a participating state and a nonparticipating state that does not conflict with the provisions of this compact.
(4) This compact may be amended by the participating states. No amendment to this compact shall become effective and binding upon any participating state until it is enacted into the laws of all participating states.
[ 2023 c 297 s 11.]

catchline: Effective date—Withdrawal—Amendment.


title: RCW 18.33.110

text:
(1) This compact and the commission's rule-making authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration, of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the commission's rule-making authority solely for those purposes.
(2) The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any participating state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person, or circumstance shall not be affected thereby.
(3) Notwithstanding subsection (2) of this section, the commission may deny a state's participation in the compact or, in accordance with the requirements of RCW 18.33.090(2), terminate a participating state's participation in the compact, if it determines that a constitutional requirement of a participating state is a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any participating state, the compact shall remain in full force and effect as to the remaining participating states and in full force and effect as to the participating state affected as to all severable matters.
[ 2023 c 297 s 12.]

catchline: Construction—Severability.


title: RCW 18.33.120

text:
(1) Nothing in this chapter shall prevent or inhibit the enforcement of any other law of a participating state that is not inconsistent with the compact.
(2) Any laws, statutes, regulations, or other legal requirements in a participating state in conflict with the compact are superseded to the extent of the conflict.
(3) All permissible agreements between the commission and the participating states are binding in accordance with their terms.
[ 2023 c 297 s 13.]

catchline: Consistent effect—Conflict with other state laws.


title: RCW 18.330.005

text:
(1) The legislature finds that locating acceptable housing and appropriate care for vulnerable adults is an important aspect of providing an appropriate continuity of care for senior citizens.
(2) The legislature further finds that locating appropriate and quality housing alternatives sometimes depends on elder and vulnerable adult referral agencies attempting to assist with referral.
(3) The legislature further finds that vulnerable adult referral professionals should be required to meet certain minimum requirements to promote better integration of vulnerable adult housing choices.
(4) The legislature further finds that the requirement that elder and vulnerable adult referral agencies meet minimum standards of conduct is in the interest of public health, safety, and welfare.
[ 2011 c 357 s 1.]

catchline: Findings.


title: RCW 18.330.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Care services" means any combination of services, including in-home care, private duty care, or private duty nursing designed for or with the goal of allowing vulnerable adults to receive care and related services at home or in a home-like setting. Care service providers must include home health agencies and in-home service agencies licensed under chapter 70.127 RCW.
(2) "Client" means an elder person or a vulnerable adult, or his or her representative if any, seeking a referral or assistance with entering into an arrangement for supportive housing or care services in Washington state through an elder and vulnerable adult referral agency. For purposes of this chapter, the "client's representative" means the person authorized under RCW 7.70.065 or other laws to provide informed consent for an individual unable to do so. "Client" may also mean a person seeking a referral for supportive housing or care services on behalf of the elder person or vulnerable adult through an elder care referral service: PROVIDED, That such a person is a family member, relative, or domestic partner of the senior or vulnerable adult.
(3) "Elder and vulnerable adult referral agency" or "agency" means a business or person who receives a fee from or on behalf of a vulnerable adult seeking a referral to care services or supportive housing, or who receives a fee from a care services provider or supportive housing provider because of any referral provided to or on behalf of a vulnerable adult.
(4) "Fee" means anything of value. "Fee" includes money or other valuable consideration or services or the promise of money or other valuable consideration or services, received directly or indirectly by an elder and vulnerable adult referral agency.
(5) "Information" means the provision of general information by an agency to a person about the types of supportive housing or care services available in the area that may meet the needs of elderly or vulnerable adults without giving the person the names of specific providers of care services or supportive housing, or giving a provider the name of the person or vulnerable adult. Information also means the provision by an agency of the names of specific providers to a social worker, discharge planner, case manager, professional guardian, nurse, or other professional who is assisting a vulnerable adult locate supportive housing or care services, where the agency does not request or receive any fee.
(6) "Person" includes any individual, firm, corporation, partnership, association, company, society, manager, contractor, subcontractor, bureau, agency, organization, service, office, or an agent or any of their employees.
(7) "Provider" means any entity or person that both provides supportive housing or care services to a vulnerable adult for a fee and provides or is required to provide such housing or services under a state or local business license specific to such housing or services.
(8) "Referral" means the act of an agency giving a client the name or names of specific providers of care services or supportive housing that may meet the needs of the vulnerable adult identified in the intake form described in RCW 18.330.060, or the agency gives a provider the name of a client for the purposes of enabling the provider to contact the client regarding care services or supportive housing provided by that provider.
(9) "Supportive housing" means any type of housing that includes services for care needs and is designed for prospective residents who are vulnerable adults. Supportive housing includes, but is not limited to, nursing homes licensed under chapter 18.51 RCW, *boarding homes licensed under chapter 18.20 RCW, adult family homes licensed under chapter 70.128 RCW, and continuing care retirement communities under RCW 70.38.025.
(10) "Vulnerable adult" has the same meaning as in RCW 74.34.020.
[ 2011 c 357 s 2.]
Notes:
*Reviser's note: The term "boarding home" was changed to "assisted living facility" by 2012 c 10.

catchline: Definitions.


title: RCW 18.330.020

text:
(1) As of January 1, 2012, a business or person operating or maintaining an agency in this state is subject to the provisions of this chapter. An agency must maintain general and professional liability insurance to cover the acts and services of the agency. The combined liability insurance coverage required is one million dollars.
(2) The agency may not create an exclusive agreement between the agency and the client, or between the agency and a provider. The agency cannot provide referral services to a client where the only names given to the client are of providers in which the agency or its personnel or immediate family members have an ownership interest in those providers. An agreement entered into between an agency and a provider must allow either the provider or the agency to cancel the agreement with specific payment terms regarding pending fees or commissions outlined in the agreement.
(3) The marketing materials, informational brochures, and websites owned or operated by an agency, and concerning information or referral services for elderly or vulnerable adults, must include a clear identification of the agency.
(4) All owners, operators, and employees of an agency shall be considered mandated reporters under the vulnerable adults act, chapter 74.34 RCW. No agency may develop or enforce any policies or procedures that interfere with the reporting requirements of chapter 74.34 RCW.
[ 2011 c 357 s 3.]

catchline: Agency duties.


title: RCW 18.330.030

text:
Nothing in this chapter may be construed to prohibit, restrict, or apply to:
(1) Any home health or hospice agency while providing counseling to patients on placement options in the normal course of practice;
(2) Government entities providing information and assistance to vulnerable adults unless making a referral in which a fee is received from a client;
(3) Professional guardians providing services under authority of their guardianship appointment;
(4) Supportive housing or care services providers who make referrals to other supportive housing or care services providers where no monetary value is exchanged;
(5) Social workers, discharge planners, or other social services staff assisting a vulnerable adult to define supportive housing or care services providers in the course of their employment responsibilities if they do not receive any monetary value from a provider; or
(6) Any person to the extent that he or she provides information to another person.
[ 2011 c 357 s 4.]

catchline: Exemptions.


title: RCW 18.330.040

text:
(1) Each agency shall keep records of all referrals rendered to or on behalf of clients. These records must contain:
(a) The name of the vulnerable adult, and the address and phone number of the client or the client's representative, if any;
(b) The kind of supportive housing or care services for which referral was sought;
(c) The location of the care services or supportive housing referred to the client and probable duration, if known;
(d) The monthly or unit cost of the supportive housing or care services, if known;
(e) If applicable, the amount of the agency's fee to the client or to the provider;
(f) If applicable, the dates and amounts of refund of the agency's fee, if any, and reason for such refund; and
(g) A copy of the client's disclosure and intake forms described in RCW 18.330.050 and 18.330.060.
(2) Each agency shall also keep records of any contract or written agreement entered into with any provider for services rendered to or on behalf of a vulnerable adult, including any referrals to a provider. Any provision in a contract or written agreement not consistent with this chapter is void and unenforceable.
(3) The agency must maintain the records covered by this chapter for a period of six years. The agency's records identifying a client are considered "health care information" and the provisions of chapter 70.02 RCW apply but only to the extent that such information meets the definition of "health care information" under RCW 70.02.010(17). The client must have access upon request to the agency's records concerning the client and covered by this chapter.
[ 2025 c 58 s 2008; 2011 c 357 s 5.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.

catchline: Referral records—Agreement records.


title: RCW 18.330.050

text:
(1) An agency must provide a disclosure statement to each client prior to making a referral. A disclosure statement is not required when the agency is only providing information to a person. The disclosure statement must be acknowledged by the client prior to the referral and the agency shall retain a copy of the disclosure statement and acknowledgment. Acknowledgment may be in the form of:
(a) A signature of the client or legal representative on the exact disclosure statement;
(b) An electronic signature that includes the date, time, internet provider address, and displays the exact disclosure statement document;
(c) A faxed confirmation that includes the date, time, and fax number and displaying the exact disclosure statement document; or
(d) In instances where a vulnerable adult chooses not to sign or otherwise provide acknowledgment of the disclosure statement, the referral professional or agency may satisfy the acknowledgment requirement of this subsection (1) by documenting the client's refusal to sign.
(2) The disclosure statement must be dated and must contain the following information:
(a) The name, address, and telephone number of the agency;
(b) The name of the client;
(c) The amount of the fee to be received from the client, if any. Alternatively, if the fee is to be received from the provider, the method of computation of the fee and the time and method of payment. In addition, the agency shall disclose to the client the amount of fee to be received from the provider, if the client requests such information;
(d) A clear description of the services provided by the agency in general, and to be provided specifically for the client;
(e) A provision stating that the agency may not require or request clients to sign waivers of potential liability for losses of personal property or injury, or to sign waivers of any rights of the client established in state or federal law;
(f) A provision stating that the agency works with both the client and the care services or supportive housing provider in the same transaction, and an explanation that the agency will need the client's authorization to obtain or disclose confidential health care information;
(g) A statement indicating the frequency on which the agency regularly tours provider facilities, and that, at the time of referral, the agency will inform the client in writing or by electronic means if the agency has toured the referred supportive housing provider or providers, and if so, the most recent date that tour took place;
(h) A provision stating that the client may, without cause, stop using the agency or switch to another agency without penalty or cancellation fee to the client;
(i) An explanation of the agency's refund of fees policy, which must be consistent with RCW 18.330.090;
(j) A statement that the client may file a complaint with the attorney general's office for violations of this chapter, including the name, address, and telephone number of the consumer protection division of that office; and
(k) If the agency or its personnel who are directly involved in providing referrals to clients, including the personnel's immediate family members, have an ownership interest in the supportive housing or care services to which the client is given a referral, a provision stating that the agency or such personnel or their immediate family members have an ownership interest in the supportive housing or care services to which the client is given referral services, and, if such ownership interest exists, an explanation of that interest.
[ 2011 c 357 s 6.]

catchline: Referrals—Disclosure statement.


title: RCW 18.330.060

text:
(1) The agency shall use a standardized intake form for all clients prior to making a referral. The intake form must, at a minimum, contain the following information regarding the vulnerable adult:
(a) Recent medical history, as relevant to the referral process;
(b) Known medications and medication management needs;
(c) Known medical diagnoses, health concerns, and the reasons the client is seeking supportive housing or care services;
(d) Significant known behaviors or symptoms that may cause concern or require special care;
(e) Mental illness, dementia, or developmental disability diagnosis, if any;
(f) Assistance needed for daily living;
(g) Particular cultural or language access needs and accommodations;
(h) Activity preferences;
(i) Sleeping habits of the vulnerable adult, if known;
(j) Basic information about the financial situation of the vulnerable adult and the availability of any long-term care insurance or financial assistance, including medicaid, which may be helpful in defining supportive housing and care services options for the vulnerable adult;
(k) Current living situation of the client;
(l) Geographic location preferences; and
(m) Preferences regarding other issues important to the client, such as food and daily routine.
(2) The agency shall obtain the intake information from the most available sources, such as from the client, the client's representative, or a health care professional, and shall allow the vulnerable adult to participate to the maximum extent possible.
(3) The agency may provide information to a person about the types of supportive housing or care services available in the area that may meet the needs of elderly or vulnerable adults without the need to complete an intake form or provide a disclosure statement, if the agency does not make a referral or request or receive any fee. In addition, the agency may provide the names of specific providers to a social worker, discharge planner, case manager, professional guardian, nurse, or other professional who is assisting a vulnerable adult locate supportive housing or care services, provided the agency does not request or receive any fee.
[ 2011 c 357 s 7.]

catchline: Intake form.


title: RCW 18.330.070

text:
(1) The agency may choose to provide a referral for the client by either giving the client the name or names of specific providers who may meet the needs of the vulnerable adult identified in the intake form or by giving a provider or providers the name of the client after obtaining the authorization of the client or the client's representative.
(2)(a) Prior to making a referral to a specific provider, the agency shall speak with a representative of the provider and obtain, at a minimum, the following general information, which must be dated and retained in the agency's records:
(i) The type of license held by the provider and license number;
(ii) Whether the provider is authorized by license to provide care to individuals with a mental illness, dementia, or developmental disability;
(iii) Sources of payment accepted, including whether medicaid is accepted;
(iv) General level of medication management services provided;
(v) General level and types of personal care services provided;
(vi) Particular cultural needs that may be accommodated;
(vii) Primary language spoken by care providers;
(viii) Activities typically provided;
(ix) Behavioral problems or symptoms that can or cannot be met;
(x) Food preferences and special diets that can be accommodated; and
(xi) Other special care or services available.
(b) The agency shall update this information regarding the provider at least annually. To the extent practicable, referrals shall be made to providers who appear, in the best judgment of the agency, capable of meeting the vulnerable adult's identified needs.
(3) Prior to making a referral of a supportive housing provider, the agency shall conduct a search, and inform the client that a search was conducted, of the department of social and health service's website to see if the provider is in enforcement status for violation of its licensing regulations. Prior to making a referral of a care services provider, the agency shall conduct a search, and inform the client that a search was conducted, of the department of health's website to determine if the provider is in enforcement status for violation of its licensing regulations. The searches required by this subsection must be considered timely if done within thirty days before the referral. The information obtained by the agency from the searches must be disclosed in writing to the client if the referral includes that provider.
(4) By January 1, 2012, the department of social and health services and the department of health must convene a work group of stakeholders to collaboratively identify and implement a uniform standard for the information pertaining to the enforcement status of a provider that must be disclosed to the client under subsection (3) of this section. The uniform standard must clearly identify what elements of an enforcement action should be included under the disclosure requirements of subsection (3) of this section. Agencies will have no liability or responsibility for the accuracy, completeness, timeliness, or currency of information shared in the prescribed format and are immune from any cause of action rising from their reliance on, use of, or distribution of this information.
[ 2011 c 357 s 8.]

catchline: How referral is made—Contact with providers—Search for violations—Uniform standard for enforcement status.


title: RCW 18.330.080

text:
Nothing in this chapter will limit, specify, or otherwise regulate the fees charged by an agency to a provider for a referral.
[ 2011 c 357 s 9.]

catchline: Fees charged to providers.


title: RCW 18.330.090

text:
(1) The agency shall clearly disclose its fees and refund policies to clients and providers. If the agency receives a fee regarding a client who was provided referral services for supportive housing, and the vulnerable adult dies, is hospitalized, or is transferred to another supportive housing setting for more appropriate care within the first thirty days of admission, then the agency shall refund a portion of its fee to the person who paid it, whether that is the client or the supportive housing provider. The amount refunded must be a prorated portion of the agency's fees, based upon a per diem calculation for the days that the client resided or retained a bed in the supportive housing.
(2) A refund policy inconsistent with this section is void and unenforceable.
(3) This section does not limit the application of other remedies, including the consumer protection act, chapter 19.86 RCW.
[ 2011 c 357 s 10.]

catchline: Disclosure of fees and refund policies.


title: RCW 18.330.100

text:
Any employee, owner, or operator of an agency that works with vulnerable adults must pass a criminal background check every twenty-four months and not have been convicted of any crime that is disqualifying under RCW 43.43.830 or 43.43.842, or been found by a court of law or disciplinary authority to have abused, neglected, financially exploited, or abandoned a minor or vulnerable adult.
[ 2011 c 357 s 11.]

catchline: Background checks—Disqualifying crimes and acts.


title: RCW 18.330.110

text:
An agency may not charge or accept a fee or other consideration from a client, care services provider, or supportive housing provider unless the agency substantially complies with the terms of this chapter.
[ 2011 c 357 s 12.]

catchline: Acceptance of fees—Compliance with chapter.


title: RCW 18.330.120

text:
(1) The provisions of this chapter relating to the regulation of private elder and vulnerable adult referral agencies are exclusive.
(2) This chapter may not be construed to affect or reduce the authority of any political subdivision of the state of Washington to provide for the licensing of private elder and vulnerable adult referral agencies solely for revenue purposes.
[ 2011 c 357 s 13.]

catchline: Provisions exclusive—Local government licensing.


title: RCW 18.330.130

text:
In accordance with RCW 74.09.240, the agency may not solicit or receive any remuneration directly or indirectly, overtly or covertly, in cash or in kind, in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under chapter 74.09 RCW.
[ 2011 c 357 s 14.]

catchline: When remuneration for referral not allowed.


title: RCW 18.330.140

text:
The legislature finds that the operation of an agency in violation of this chapter is a matter vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Such a violation 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.
[ 2011 c 357 s 15.]

catchline: Application of consumer protection act.


title: RCW 18.330.150

text:
Agencies and their employees, owners, and officers will not be considered providers and will not be liable or responsible for the acts or omissions of a provider.
[ 2011 c 357 s 16.]

catchline: Liability of agencies.


title: RCW 18.330.800

text:
The department of licensing shall convene a work group of stakeholders to consider the feasibility of establishing licensure for elder and vulnerable adult referral agencies described in chapter 357, Laws of 2011. The work group will provide recommendations to the legislature by December 1, 2011.
[ 2011 c 357 s 17.]

catchline: Work group—Licensure.


title: RCW 18.330.900

text:
This chapter may be known and cited as the "elder and vulnerable adult referral agency act."
[ 2011 c 357 s 18.]

catchline: Short title.


title: RCW 18.330.901

text:
This act takes effect January 1, 2012.
[ 2011 c 357 s 20.]

catchline: Effective date—2011 c 357.


title: RCW 18.34.005

text: See chapter 18.120 RCW.

catchline: Regulation of health care professions—Criteria.


title: RCW 18.34.010

text:
Nothing in this chapter shall:
(1) Be construed to limit or restrict a duly licensed physician or optometrist or employees working under the personal supervision of a duly licensed physician or optometrist from the practices enumerated in this chapter, and each such licensed physician and optometrist shall have all the rights and privileges which may accrue under this chapter to dispensing opticians licensed hereunder;
(2) Be construed to prohibit or restrict practice by a regularly enrolled student in a prescribed course in opticianry in a college or university approved by the secretary whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the supervision of a licensed dispensing optician, optometrist, or ophthalmologist: PROVIDED, That persons practicing under this section must be clearly identified as students;
(3) Be construed to prohibit an unlicensed person from performing mechanical work upon inert matter in an optical office, laboratory, or shop;
(4) Be construed to prohibit an unlicensed person from engaging in the sale of spectacles, eyeglasses, magnifying glasses, goggles, sunglasses, telescopes, binoculars, or any such articles which are completely preassembled and sold only as merchandise;
(5) Be construed to authorize or permit a licensee hereunder to hold himself or herself out as being able to, or to offer to, or to undertake to attempt, by any manner of means, to examine or exercise eyes, diagnose, treat, correct, relieve, operate, or prescribe for any human ailment, deficiency, deformity, disease, or injury.
[ 2011 c 336 s 479; 2010 c 16 s 1; 1957 c 43 s 1.]

catchline: Licensing—Exemptions—Limitations.


title: RCW 18.34.020

text:
The term "secretary" wherever used in this chapter shall mean the secretary of health of the state of Washington. The term "apprentice" wherever used in this chapter shall mean a person who shall be designated an apprentice in the records of the secretary at the request of a physician, registered optometrist, or licensee hereunder, who shall thereafter be the primary supervisor of the apprentice. The apprentice may thereafter receive from a physician, registered optometrist, or licensee hereunder training and direct supervision in the work of a dispensing optician.
[ 1995 c 178 s 1; 1991 c 3 s 74; 1979 c 158 s 37; 1957 c 43 s 2.]

catchline: Definitions.


title: RCW 18.34.030

text:
No licensee hereunder may have more than two apprentices in training or under their direct supervision at any one time. However, the primary supervisor shall be responsible for the acts of his or her apprentices in the performance of their work in the apprenticeship program and provide the majority of the training and direct supervision received by the apprentice. Apprentices shall complete their apprenticeship in six years and shall not work longer as an apprentice unless the secretary determines, after a hearing, that the apprentice was prevented by causes beyond his or her control from completing his or her apprenticeship and becoming a licensee hereunder in six years.
[ 1995 c 178 s 2; 1991 c 3 s 75; 1957 c 43 s 3.]

catchline: Apprentices.


title: RCW 18.34.050

text:
The examining committee shall consist of three persons primarily engaged in the business of dispensing opticians and who currently hold a valid license under this chapter. Members of the committee shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
[ 1984 c 287 s 32; 1957 c 43 s 5.]
Notes:
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.

catchline: Examining committee—Compensation and travel expenses.


title: RCW 18.34.060

text:
A dispensing optician is a person who prepares duplications of, or prepares and dispenses lenses, spectacles, eyeglasses and/or appurtenances thereto to the intended wearers thereof on written prescriptions from physicians or optometrists, and in accordance with such prescriptions, measures, adapts, adjusts and fabricates such lenses, spectacles, eyeglasses and/or appurtenances thereto to the human face for the aid or correction of visual or ocular anomalies of the human eye: PROVIDED, HOWEVER, That contact lenses may be fitted only upon a written prescription of a physician or optometrist.
[ 1957 c 43 s 6.]

catchline: Dispensing optician.


title: RCW 18.34.070

text:
Any applicant for a license shall be examined if he or she pays an examination fee determined by the secretary as provided in RCW 43.70.250 and certifies under oath that he or she:
(1) Is eighteen years or more of age; and
(2) Has graduated from an accredited high school; and
(3) Is of good moral character; and
(4) Has either:
(a) Had at least three years of apprenticeship training; or
(b) Successfully completed a prescribed course in opticianry in a college or university approved by the secretary; or
(c) Been principally engaged in practicing as a dispensing optician not in the state of Washington for five years.
[ 2004 c 262 s 5; 1991 c 3 s 76; 1985 c 7 s 29; 1975 1st ex.s. c 30 s 34; 1971 ex.s. c 292 s 22; 1957 c 43 s 7.]
Notes:
Findings—2004 c 262: See note following RCW 18.06.050.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.


title: RCW 18.34.080

text:
The examination shall determine whether the applicant has a thorough knowledge of the principles governing the practice of a dispensing optician which is hereby declared necessary for the protection of the public health. The examining committee may approve an examination prepared or administered by a private testing agency or association of licensing authorities. The secretary shall license successful examinees and the license shall be conspicuously displayed in the place of business of the licensee.
[ 1995 c 198 s 3; 1991 c 3 s 77; 1957 c 43 s 8.]

catchline: Examination—Issuance and display of license.


title: RCW 18.34.110

text:
The secretary shall issue a license without examination to any person who makes application therefor within six months after June 12, 1957, pays a fee of fifty dollars and certifies under oath that he or she is of good moral character and has been actually and principally engaged in the practice of a dispensing optician in the state of Washington for a period of not less than six months immediately preceding June 12, 1957.
[ 1991 c 3 s 78; 1957 c 43 s 11.]

catchline: Existing practitioner—Fee.


title: RCW 18.34.115

text:
An applicant holding a credential in another state may be credentialed to practice in this state without examination if the secretary determines that the other state's credentialing standards are substantially equivalent to the standards in this state.
[ 1991 c 332 s 33.]
Notes:
Application to scope of practice—Captions not law—1991 c 332: See notes following RCW 18.130.010.

catchline: Credentialing by endorsement.


title: RCW 18.34.120

text:
Each licensee hereunder shall pay a renewal registration fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280. The secretary may adopt rules establishing mandatory continuing education requirements to be met by persons applying for license renewal.
[ 1996 c 191 s 18; 1991 c 3 s 79; 1984 c 279 s 52; 1975 1st ex.s. c 30 s 35; 1957 c 43 s 12.]
Notes:
Severability—1984 c 279: See RCW 18.130.901.

catchline: Renewal registration fee—Continuing education.


title: RCW 18.34.136

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 19; 1986 c 259 s 45.]
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 18.34.141

text:
No person may practice or represent himself or herself as a dispensing optician without first having a valid license to do so.
[ 1987 c 150 s 20.]
Notes:
Severability—1987 c 150: See RCW 18.122.901.

catchline: License required.


title: RCW 18.34.151

text:
An applicant with military training or experience satisfies the training or experience requirements of this chapter unless the secretary determines that the military training or experience is not substantially equivalent to the standards of this state.
[ 2011 c 32 s 2.]

catchline: Licensing requirements—Military training or experience.


title: RCW 18.340.005

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Authority" means any agency, board, commission, or other authority for issuance of a license, certificate, registration, or permit under this title. "Authority" does not include the department of labor and industries, or the department of financial institutions with respect to escrow agent licensure under chapter 18.44 RCW.
(2) "License" means a license, certificate, registration, or permit to perform professional services.
[ 2023 c 165 s 3.]
Notes:
Short title—Finding—Intent—2023 c 165: See notes following RCW 18.340.020.


title: RCW 18.340.010

text:
The lives of military families are dominated by frequent deployments, relocations, and extended periods of single parenthood. Military spouses are some of the most mobile populations in our country, making the maintenance of professional licenses a significant obstacle. According to the 2010 defense management data center, there are thirty-three thousand three hundred eighty active duty and ten thousand eight hundred thirty-seven reserve military spouses residing in Washington. Military families depend on two incomes and want to achieve their goals and aspirations. It is the intent of the legislature to recognize the sacrifices made by military families in service to our country and our state and to help alleviate the hardships military families face due to their highly transient life.
[ 2011 2nd sp.s. c 5 s 1.]
Notes:
Implementation—2011 2nd sp.s. c 5: "The regulating authorities for the department of licensing, the department of health, the department of labor and industries, and the superintendent of public instruction shall appear before the joint committee on veteran and military affairs in December 2012 to inform the committee as to their efforts to implement the requirements of this chapter." [ 2011 2nd sp.s. c 5 s 3.]

catchline: Intent.


title: RCW 18.340.020

text:
(1)(a) Each authority shall establish procedures to expedite the issuance of a license regulated by each such authority to a person:
(i) Who is licensed, certified, or registered, or has a permit in another state to perform professional services in that state; and
(ii) Whose spouse is the subject of a military transfer to Washington.
(b) The procedure must include a process for issuing the person a license within 30 days of receiving a completed application. A completed application means that the authority has received all supporting materials, related application fees, fingerprints, and required documentation associated with a criminal background check.
(2) Each authority in this title shall develop a method and adopt rules to authorize a person who meets the criteria in this section to perform services regulated by the authority in Washington by issuing the person a temporary license within 30 days of receiving a completed application. A completed application means that the authority has received a copy of the certificate issued by the other state for a certificated education professional, related application fees, fingerprints, and required documentation associated with a criminal background check. The license may be issued for a limited period of time of no less than 180 days to allow the person to perform services regulated by the authority while completing any specific additional requirements in Washington that are not related to training or practice standards of the profession that were not required in the other state in which the person is licensed, certified, or registered, or has a permit.
(3) Nothing in this section requires the authority to issue a license if the standards of the other state are substantially unequal to Washington standards.
(4) An applicant must state in the application that the applicant:
(a) Has requested verification from the other state or states that the person is currently licensed, certified, registered, or has a permit; and
(b) Is not subject to any pending investigation, charges, or disciplinary action by the regulatory body of the other state or states.
(5) If the authority finds reasonable cause to believe that an applicant falsely affirmed or stated either of the requirements under subsection (4)(a) or (b) of this section, the authority may summarily suspend the license pending an investigation or further action to discipline or revoke the license.
[ 2023 c 165 s 4; 2011 2nd sp.s. c 5 s 2.]
Notes:
Effective date—2023 c 165 s 4: "Section 4 of this act takes effect October 1, 2023." [ 2023 c 165 s 11.]
Short title—2023 c 165: "This act may be known and cited as the military spouse employment act." [ 2023 c 165 s 1.]
Finding—Intent—2023 c 165: "The legislature finds that the lives of military spouses are dominated by frequent deployments and relocations, and one-third of military families move each year. Many military families depend on two incomes, and military spouses tend to be better educated than the civilian population, with approximately 34 to 50 percent working in fields that require a professional license. The length of time to credential after a move is a significant employment barrier, with one study finding 20 percent of military spouses waited at least 10 months for a license after moving to a new state. This wait contributes to higher rates of unemployment or underemployment for military spouses when compared to their civilian counterparts. Given the fiscal and economic constraints of military families and the readiness considerations of the department of defense, the legislature intends to help alleviate the career turmoil military spouses face while serving in our state." [ 2023 c 165 s 2.]
Implementation—2011 2nd sp.s. c 5: See note following RCW 18.340.010.

catchline: Expedition of professional license.


title: RCW 18.340.030

text:
(1) Each authority must identify a contact or coordinator within the authority to assist military spouse applicants and licensees.
(2) Each authority must provide training to each board or commission member on the culture of military spouses, the military spouse experience, and issues related to military spouse career paths. Board or commission members appointed on or before October 1, 2023, must complete the training by January 1, 2024. Board or commission members appointed after October 1, 2023, must complete the training within 90 days after appointment. The department of veterans affairs shall create an internet-based training that may be used by each authority to satisfy this requirement.
(3) Each authority is encouraged to:
(a) Appoint a military spouse to serve on its licensing board or commission;
(b) Conduct a review of the authority's licensing application process for military spouses and identify barriers to military spouse employment; and
(c) Review licensing fees and related expenses and identify possible ways to reduce costs for military spouses.
[ 2023 c 165 s 5.]
Notes:
Short title—Finding—Intent—2023 c 165: See notes following RCW 18.340.020.

catchline: Authority duties and recommendations—Person to assist—Member training.


title: RCW 18.340.040

text:
(1) The employment security department, the department of health, the department of licensing, and the department of veterans affairs shall each maintain a military spouse assistance web page containing, at a minimum:
(a) Each authority's rules and procedures, including any required fees, related to the licensing of military spouses;
(b) Contact information for each authority's military spouse contact or coordinator; and
(c) Links to the military spouse assistance web pages of other agencies.
(2) A direct link to the agency's military spouse assistance web page must be displayed on the agency's home page.
[ 2023 c 165 s 6.]
Notes:
Short title—Finding—Intent—2023 c 165: See notes following RCW 18.340.020.

catchline: Military spouse assistance web pages.


title: RCW 18.35.005

text: See chapter 18.120 RCW.

catchline: Regulation of health care professions—Criteria.


title: RCW 18.35.008

text:
It is the intent of this chapter to protect the public health, safety, and welfare; to protect the public from being misled by incompetent, unethical, and unauthorized persons; and to assure the availability of hearing and speech services of high quality to persons in need of such services.
[ 1996 c 200 s 1.]


title: RCW 18.35.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Assistive listening device or system" means an amplification system that is specifically designed to improve the signal to noise ratio for the listener, reduce interference from noise in the background, and enhance hearing levels at a distance by picking up sound from as close to source as possible and sending it directly to the ear of the listener, excluding hearing instruments as defined in this chapter.
(2) "Audiology" means the application of principles, methods, and procedures related to hearing and the disorders of hearing and to related language and speech disorders, whether of organic or nonorganic origin, peripheral or central, that impede the normal process of human communication including, but not limited to, disorders of auditory sensitivity, acuity, function, processing, or vestibular function, the application of aural habilitation, rehabilitation, and appropriate devices including fitting and dispensing of hearing instruments, and cerumen management to treat such disorders.
(3) "Board" means the board of hearing and speech.
(4) "Department" means the department of health.
(5) "Direct supervision" means the supervising speech-language pathologist, hearing aid specialist, or audiologist is on-site and in view during the procedures or tasks. The board shall develop rules outlining the procedures or tasks allowable under direct supervision.
(6) "Establishment" means any permanent site housing a person engaging in the practice of fitting and dispensing of hearing instruments by a hearing aid specialist or audiologist; where the client can have personal contact and counsel during the firm's business hours; where business is conducted; and the address of which is given to the state for the purpose of bonding.
(7) "Facility" means any permanent site housing a person engaging in the practice of speech-language pathology and/or audiology, excluding the sale, lease, or rental of hearing instruments.
(8) "Fitting and dispensing of hearing instruments" means the sale, lease, or rental or attempted sale, lease, or rental of hearing instruments together with the selection and modification of hearing instruments and the administration of nondiagnostic tests as specified by RCW 18.35.110 and the use of procedures essential to the performance of these functions; and includes recommending specific hearing instrument systems, specific hearing instruments, or specific hearing instrument characteristics, the taking of impressions for ear molds for these purposes, the use of nondiagnostic procedures and equipment to verify the appropriateness of the hearing instrument fitting, and hearing instrument orientation. The fitting and dispensing of hearing instruments as defined by this chapter may be equally provided by a licensed hearing aid specialist or licensed audiologist.
(9) "Good standing" means a licensed hearing aid specialist, licensed audiologist, licensed speech-language pathologist, or certified speech-language pathology assistant whose license or certification has not been subject to sanctions pursuant to chapter 18.130 RCW or sanctions by other states, territories, or the District of Columbia in the last two years.
(10) "Hearing aid specialist" means a person who is licensed to engage in the practice of fitting and dispensing of hearing instruments and meets the qualifications of this chapter.
(11) "Hearing health care professional" means an audiologist or hearing aid specialist licensed under this chapter or a physician specializing in diseases of the ear licensed under chapter 18.71 RCW.
(12) "Hearing instrument" means any wearable prosthetic instrument or device designed for or represented as aiding, improving, compensating for, or correcting defective human hearing and any parts, attachments, or accessories of such an instrument or device, excluding batteries and cords, ear molds, and assistive listening devices.
(13) "Indirect supervision" means the procedures or tasks are performed under the speech-language pathologist, the hearing aid specialist, or the audiologist's overall direction and control, but the speech-language pathologist, hearing aid specialist, or audiologist's presence is not required during the performance of the procedures or tasks. The board shall develop rules outlining the procedures or tasks allowable under indirect supervision.
(14) "Interim permit holder" means a person who holds the permit created under RCW 18.35.060 and who practices under the supervision of a licensed hearing aid specialist, licensed speech-language pathologist, or licensed audiologist.
(15) "Licensed audiologist" means a person who is licensed by the department to engage in the practice of audiology and meets the qualifications in this chapter.
(16) "Licensed speech-language pathologist" means a person who is licensed by the department to engage in the practice of speech-language pathology and meets the qualifications of this chapter.
(17) "Secretary" means the secretary of health.
(18) "Speech-language pathology" means the application of principles, methods, and procedures related to the development and disorders, whether of organic or nonorganic origin, that impede oral, pharyngeal, or laryngeal sensorimotor competencies and the normal process of human communication including, but not limited to, disorders and related disorders of speech, articulation, fluency, voice, verbal and written language, auditory comprehension, cognition/communication, and the application of augmentative communication treatment and devices for treatment of such disorders.
(19) "Speech-language pathology assistant" means a person who is certified by the department to provide speech-language pathology services under the direction and supervision of a licensed speech-language pathologist or speech-language pathologist certified as an educational staff associate by the superintendent of public instruction, and meets all of the requirements of this chapter.
[ 2014 c 189 s 2; 2009 c 301 s 2; 2005 c 45 s 1; 2002 c 310 s 1; 1998 c 142 s 1; 1996 c 200 s 2; 1993 c 313 s 1; 1991 c 3 s 80; 1983 c 39 s 1; 1979 c 158 s 38; 1973 1st ex.s. c 106 s 1.]
Notes:
Work group—2014 c 189: "(1) The department of health with the board of hearing and speech, and representatives from the community and technical colleges, must review the opportunity to establish an interim work-based learning permit, or similar apprenticeship opportunity, to provide an additional licensing pathway for hearing aid specialist applicants.
(2) The group shall consider the following areas:
(a) The opportunity to provide a work-based learning permit for applicants that either have a two-year or four-year degree in a field of study approved by the board from an accredited institution of higher education, or are currently enrolled in a two-year or four-year degree program in a field of study approved by the board in an accredited institution of higher education with no more than one full-time academic year remaining in his or her course of study;
(b) The criteria for providing a designation of a board-approved licensed hearing aid specialist or board-approved licensed audiologist to act as the applicant's supervisor;
(c) The recommended duration of an interim work-based learning permit or apprenticeship;
(d) Recommendations for a work-based learning permit or apprenticeship and opportunities to offer a program through a partnership with a private business and/or through a partnership with accredited institutions of higher education and a sponsoring private business;
(e) Recommendations for the learning pathways or academic components that should be required in any work-based learning program, including the specific training elements that must be completed, including, but not limited to, audiometric testing, counseling regarding hearing examinations, hearing instrument selection, ear mold impressions, hearing instrument fitting and follow-up care, and business practices including ethics, regulations, and sanitation and infection control; and
(f) Recommendations for the direct supervision of a work-based learning permit or apprenticeship, including the number of persons a hearing aid specialist or audiologist may supervise, and other considerations.
(3) The work group must submit recommendations to the health committees of the legislature by December 1, 2014." [ 2014 c 189 s 1.]
Alphabetization—2009 c 301 s 2: "The code reviser is directed to put the defined terms in RCW 18.35.010 in alphabetical order." [ 2009 c 301 s 14.]
Intent—2009 c 301: "It is declared to be the policy of this state that, in order to safeguard the public health, safety, and welfare, to protect the public from incompetent, unscrupulous, unauthorized persons and unprofessional conduct, and to ensure the availability of the highest possible standards of speech-language pathology services to the communicatively impaired people of this state, it is necessary to provide regulatory authority over persons offering speech-language pathology services as speech-language pathology assistants." [ 2009 c 301 s 1.]
Implementation—2009 c 301: "In order to allow for adequate time to establish the program created in this act, the provisions of this act must be implemented beginning one year after July 26, 2009." [ 2009 c 301 s 15.]
Speech-language pathology assistants—Certification requirements—2009 c 301: See note following RCW 18.35.040.
Effective date—2002 c 310: "This act takes effect January 1, 2003." [ 2002 c 310 s 27.]
Effective date—1998 c 142 ss 1-14 and 16-20: "Sections 1 through 14 and 16 through 20 of this act take effect January 1, 2003." [ 1998 c 142 s 21.]


title: RCW 18.35.020

text:
(1) No person shall engage in the fitting and dispensing of hearing instruments or imply or represent that he or she is engaged in the fitting and dispensing of hearing instruments unless he or she is a licensed hearing aid specialist, or a licensed audiologist or holds an interim permit issued by the department as provided in this chapter and is an owner or employee of an establishment that is bonded as provided by RCW 18.35.240. The owner or manager of an establishment that dispenses hearing instruments is responsible under this chapter for all transactions made in the establishment name or conducted on its premises by agents or persons employed by the establishment engaged in fitting and dispensing of hearing instruments. Every establishment that fits and dispenses shall have in its employ at least one licensed hearing aid specialist or licensed audiologist at all times, and shall annually submit proof that all testing equipment at that establishment that is required by the board to be calibrated has been properly calibrated.
(2) Effective January 1, 2003, no person shall engage in the practice of audiology or imply or represent that he or she is engaged in the practice of audiology unless he or she is a licensed audiologist or holds an audiology interim permit issued by the department as provided in this chapter. Audiologists who are certified as educational staff associates by the Washington professional educator standards board are excluded unless they elect to become licensed under this chapter. However, a person certified by the state board of education as an educational staff associate who practices outside the school setting must be a licensed audiologist.
(3) Effective January 1, 2003, no person shall engage in the practice of speech-language pathology or imply or represent that he or she is engaged in the practice of speech-language pathology unless he or she is a licensed speech-language pathologist or holds a speech-language pathology interim permit issued by the department as provided in this chapter. Speech-language pathologists who are certified as educational staff associates by the state board of education are excluded unless they elect to become licensed under this chapter. However, a person certified by the state board of education as an educational staff associate who practices outside the school setting must be a licensed speech-language pathologist.
[ 2014 c 189 s 3; 2006 c 263 s 801; 2005 c 45 s 2; 2002 c 310 s 2; 1998 c 142 s 2; 1996 c 200 s 3; 1989 c 198 s 1; 1983 c 39 s 2; 1973 1st ex.s c 106 s 2.]
Notes:
Work group—2014 c 189: See note following RCW 18.35.010.
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 ss 1-14 and 16-20: See note following RCW 18.35.010.

catchline: Hearing instruments—Dispensing—License, certificate, permit required.


title: RCW 18.35.030

text:
Any person who engages in fitting and dispensing of hearing instruments shall provide to each person who enters into an agreement to purchase a hearing instrument a receipt at the time of the agreement containing the following information:
(1) The seller's name, signature, license, or permit number, address, and phone number of his or her regular place of business;
(2) A description of the instrument furnished, including make, model, circuit options, and the term "used" or "reconditioned" if applicable;
(3) A disclosure of the cost of all services including but not limited to the cost of testing and fitting, the actual cost of the hearing instrument furnished, the cost of ear molds if any, and the terms of the sale. These costs, including the cost of ear molds, shall be known as the total purchase price. The receipt shall also contain a statement of the purchaser's recision rights under this chapter and an acknowledgment that the purchaser has read and understands these rights. Upon request, the purchaser shall also be supplied with a signed and dated copy of any hearing evaluation performed by the seller.
(4) At the time of delivery of the hearing instrument, the purchaser shall also be furnished with the serial number of the hearing instrument supplied.
[ 2002 c 310 s 3; 1996 c 200 s 4; 1983 c 39 s 3; 1973 1st ex.s. c 106 s 3.]
Notes:
Effective date—2002 c 310: See note following RCW 18.35.010.

catchline: Receipt required—Contents.