H-1435.2

HOUSE BILL 1967

ByRepresentative Reeves

AN ACT Relating to requiring licensing and background investigations for in-home service providers; amending RCW 18.235.020; adding a new chapter to Title 18 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

(1) "Department" means the department of licensing.

(2) "Director" means the director of licensing.

(3) "In-home service provider" means any person hired or employed to enter another person's residence for the purposes of:

(a) Set up, installation, or repair of: A household appliance; furniture; heating, air-conditioning, ventilation, plumbing, or electrical systems; and cable, telephone, satellite, internet, or other telecommunications systems; or

(b) Renovating, remodeling, repairing, or rehabilitating a residence when occupied.

(1) Be at least eighteen years of age;

(2) Not have been convicted of a crime in any jurisdiction, if the director determines that the applicant's particular crime directly relates to his or her capacity to perform the duties of an in-home service provider and the director determines that the license should be withheld to protect the citizens of Washington state. The director must make her or his determination to withhold a license because of previous convictions notwithstanding the restoration of employment rights act, chapter 9.96A RCW;

(3) Satisfy the training requirements established by the director; and

(4) Pay the required nonrefundable fee for each application.

(2) Applicants for licenses under this chapter must complete a records check through the Washington state patrol criminal identification system. The director may accept proof of a recent national crime information center/III criminal background report or any national or interstate criminal background report to accelerate the licensing and endorsement process. The director is authorized to periodically perform a background investigation of licensees to identify criminal convictions subsequent to the renewal of a license.

(2) The license card may not be used as security clearance.

(3) An in-home service provider must carry the license card when performing the duties of an in-home service provider and must exhibit the card upon request.

(2) Upon expiration of a temporary license card or upon the receipt of a permanent license card or notification from the department that a permanent license is being withheld from an applicant, the applicant must discontinue use of the temporary license card.

(1) Violating any of the provisions of this chapter or the rules adopted under this chapter;

(2) Not meeting the qualifications set forth in this chapter; and

(3) Being certified as not in compliance with a support order as provided in RCW 74.20A.320.

(1) To adopt, amend, and rescind rules as deemed necessary to carry out this chapter;

(2) To enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter; and

(3) To adopt standards of professional conduct or practice.

(2) In investigating or adjudicating a complaint or report that a license holder or applicant may be unable to practice with reasonable skill or safety by reason of a mental or physical condition, the department may require a license holder or applicant to submit to a mental or physical examination by one or more licensed or certified health professionals designated by the director. The cost of the examinations ordered by the department must be paid by the department. In addition to any examinations ordered by the department, the licensee may submit physical or mental examination reports from licensed or certified health professionals of the license holder's or applicant's choosing and expense. Failure of the license holder or applicant to submit to examination when directed constitutes grounds for immediate suspension or withholding of the license, consequent upon which a default and final order may be entered without the taking of testimony or presentations of evidence, unless the failure was due to circumstances beyond the person's control. A determination by a court of competent jurisdiction that a license holder or applicant is mentally incompetent or mentally ill is presumptive evidence of the license holder's or applicant's inability to practice with reasonable skill and safety. An individual affected under this section must at reasonable intervals be afforded an opportunity to demonstrate that the individual can resume competent practice with reasonable skill and safety to the public.

(3) For the purpose of subsection (2) of this section, an applicant or license holder governed by this chapter, by making application, practicing, or filing a license renewal, is deemed to have given consent to submit to a mental, physical, or psychological examination if directed in writing by the department and further to have waived all objections to the admissibility or use of the examining health professional's testimony or examination reports by the director on the grounds that the testimony or reports constitute hearsay or privileged communications.

(a) Revocation of the license;

(b) Suspension of the license for a fixed or indefinite term;

(c) Restriction or limitation of the practice;

(d) Requiring the satisfactory completion of a specific program of remedial education or treatment;

(e) Monitoring of the practice by a supervisor approved by the director;

(f) Censure or reprimand;

(g) Compliance with conditions of probation for a designated period of time;

(h) Withholding a license request;

(i) Other corrective action; or

(j) Assessing administrative penalties.

(2) Any of the actions under this section may be totally or partly stayed by the director. All costs associated with compliance with orders issued under this section are the obligation of the license holder or applicant.

(2) In an action for enforcement of an order of payment of a fine, the director's order is conclusive proof of the validity of the order of payment of a fine and the terms of payment.

Sec. 18. RCW 18.235.020 and 2017 c 281 s 37 are each amended to read as follows:

(1) This chapter applies only to the director and the boards and commissions having jurisdiction in relation to the businesses and professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

(2)(a) The director has authority under this chapter in relation to the following businesses and professions:

(i) Auctioneers under chapter 18.11 RCW;

(ii) Bail bond agents and bail bond recovery agents under chapter 18.185 RCW;

(iii) Camping resorts' operators and salespersons under chapter 19.105 RCW;

(iv) Commercial telephone solicitors under chapter 19.158 RCW;

(v) Cosmetologists, barbers, manicurists, and estheticians under chapter 18.16 RCW;

(vi) Court reporters under chapter 18.145 RCW;

(vii) Driver training schools and instructors under chapter 46.82 RCW;

(viii) Employment agencies under chapter 19.31 RCW;

(ix) For hire vehicle operators under chapter 46.72 RCW;

(x) In-home service providers under chapter 18.--- RCW (the new chapter created in section 19 of this act);

(xi) Limousines under chapter 46.72A RCW;

(((xi)))(xii) Notaries public under chapter 42.45 RCW;

(((xii)))(xiii) Private investigators under chapter 18.165 RCW;

(((xiii)))(xiv) Professional boxing, martial arts, and wrestling under chapter 67.08 RCW;

(((xiv)))(xv) Real estate appraisers under chapter 18.140 RCW;

(((xv)))(xvi) Real estate brokers and salespersons under chapters 18.85 and 18.86 RCW;

(((xvi)))(xvii) Scrap metal processors, scrap metal recyclers, and scrap metal suppliers under chapter 19.290 RCW;

(((xvii)))(xviii) Security guards under chapter 18.170 RCW;

(((xviii)))(xix) Sellers of travel under chapter 19.138 RCW;

(((xix)))(xx) Timeshares and timeshare salespersons under chapter 64.36 RCW;

(((xx)))(xxi) Whitewater river outfitters under chapter 79A.60 RCW;

(((xxi)))(xxii) Home inspectors under chapter 18.280 RCW;

(((xxii)))(xxiii) Body artists, body piercers, and tattoo artists, and body art, body piercing, and tattooing shops and businesses, under chapter 18.300 RCW; and

(((xxiii)))(xxiv) Appraisal management companies under chapter 18.310 RCW.

(b) The boards and commissions having authority under this chapter are as follows:

(i) The state board for architects established in chapter 18.08 RCW;

(ii) The Washington state collection agency board established in chapter 19.16 RCW;

(iii) The state board of registration for professional engineers and land surveyors established in chapter 18.43 RCW governing licenses issued under chapters 18.43 and 18.210 RCW;

(iv) The funeral and cemetery board established in chapter 18.39 RCW governing licenses issued under chapters 18.39 and 68.05 RCW;

(v) The state board of licensure for landscape architects established in chapter 18.96 RCW; and

(vi) The state geologist licensing board established in chapter 18.220 RCW.

(3) In addition to the authority to discipline license holders, the disciplinary authority may grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered under RCW 18.235.110 by the disciplinary authority.

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