2151-S AAS 2/28/96 S5585.1

SHB 2151 - S COMM AMD

By Committee on Health & Long-Term Care

                                                   ADOPTED 2/28/96

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 43.70.250 and 1989 1st ex.s. c 9 s 319 are each amended to read as follows:

    (((1))) It shall be the policy of the state of Washington that the cost of each professional, occupational, or business licensing program be fully borne by the members of that profession, occupation, or business.  The secretary shall from time to time establish the amount of all application fees, license fees, registration fees, examination fees, permit fees, renewal fees, and any other fee associated with licensing or regulation of professions, occupations, or businesses administered by the department.  In fixing said fees, the secretary shall set the fees for each program at a sufficient level to defray the costs of administering that program.  All such fees shall be fixed by rule adopted by the secretary in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW.

    (((2) Notwithstanding subsection (1) of this section, no fee for midwives, as licensed in chapter 18.50 RCW may be increased by more than one hundred dollars or fifty percent, whichever is greater during any biennium.))

    Sec. 2.  RCW 43.70.280 and 1989 1st ex.s. c 9 s 322 are each amended to read as follows:

(1) The secretary, in consultation with health profession boards and commissions, shall establish by rule the administrative procedures, administrative requirements, and fees for initial issue, renewal, and reissue of a credential for professions under RCW 18.130.040, including procedures and requirements for late renewals and uniform application of late renewal penalties.  Failure to renew invalidates the credential and all privileges granted by the credential.  Administrative procedures and administrative requirements do not include establishing, monitoring, and enforcing qualifications for licensure, scope or standards of practice, continuing competency mechanisms, and discipline when such authority is authorized in statute to a health profession board or commission.  For the purposes of this section, "in consultation with" means providing an opportunity for meaningful participation in development of rules consistent with processes set forth in RCW 34.05.310.

(2) Notwithstanding any provision of law to the contrary which provides for a licensing period for any type of license subject to this chapter including those under RCW 18.130.040, the secretary of health may, from time to time, extend or otherwise modify the duration of any licensing, certification, or registration period, whether an initial or renewal period, if the secretary determines that it would result in a more economical or efficient operation of state government and that the public health, safety, or welfare would not be substantially adversely affected thereby.  However, no license, certification, or registration may be issued or approved for a period in excess of four years, without renewal.  Such extension, reduction, or other modification of a licensing, certification, or registration period shall be by rule or regulation of the department of health adopted in accordance with the provisions of chapter 34.05 RCW.  Such rules and regulations may provide a method for imposing and collecting such additional proportional fee as may be required for the extended or modified period.

(3) Unless extended by the legislature, effective July 1, 1998, the authority of the secretary to establish administrative procedures and administrative requirements for initial issue, renewal, and reissue of a credential, including procedures and requirements for late renewals and uniform application of late renewal penalties, shall cease to apply to those health professions otherwise regulated by a board or commission with statutory rule-making authority.  If not extended by the legislature, such authority shall transfer to the respective board or commission.  Rules adopted by the secretary under this section shall remain in effect after July 1, 1998, until modified or repealed in accordance with the provisions of chapter 34.05 RCW.

    Sec. 3.  RCW 18.06.120 and 1995 c 323 s 10 are each amended to read as follows:

    (1) Every person licensed in acupuncture shall ((register with the secretary annually and pay an annual renewal fee determined by the secretary as provided in RCW 43.70.250 on or before the license holder's birth anniversary date.  The license of the person shall be renewed for a period of one year or longer in the discretion of the secretary.  A person whose practice is exclusively out-of-state or who is on sabbatical shall be granted an inactive licensure status and pay a reduced fee.  The reduced fee shall be set by the secretary under RCW 43.70.250)) comply with the administrative procedures and administrative requirements for registration and renewal set by the secretary under RCW 43.70.250 and 43.70.280.

    (2) ((Any failure to register and pay the annual renewal fee shall render the license invalid.  The license shall be reinstated upon:  (a) Written application to the secretary; (b) payment to the state of a penalty fee determined by the secretary as provided in RCW 43.70.250; and (c) payment to the state of all delinquent annual license renewal fees.

    (3) Any person who fails to renew his or her license for a period of three years shall not be entitled to renew the licensure under this section.  Such person, in order to obtain a licensure in acupuncture in this state, shall file a new application under this chapter, along with the required fee, and shall meet examination or continuing education requirements as the secretary, by rule, provides.

    (4))) All fees collected under this section and RCW 18.06.070 shall be credited to the health professions account as required under RCW 43.70.320.

    Sec. 4.  RCW 18.19.070 and 1994 sp.s. c 9 s 501 are each amended to read as follows:

    (1) The Washington state mental health quality assurance council is created, consisting of ((nine)) seven members appointed by the secretary.  All appointments shall be for a term of four years.  No person may serve as a member of the council for more than two consecutive full terms.

    Voting members of the council must include one social worker certified under RCW 18.19.110, one mental health counselor certified under RCW 18.19.120, one marriage and family therapist certified under RCW 18.19.130, one counselor registered under RCW 18.19.090, one hypnotherapist registered under RCW 18.19.090, and two public members.  Each member of the council must be a citizen of the United States and a resident of this state.  Public members of the council may not be a member of any other health care licensing board or commission, or have a fiduciary obligation to a facility rendering health services regulated by the council, or have a material or financial interest in the rendering of health services regulated by the council.

    The secretary may appoint the initial members of the council to staggered terms of from one to four years.  Thereafter, all members shall be appointed to full four-year terms.  Members of the council hold office until their successors are appointed.

    The secretary may remove any member of the council for cause as specified by rule.  In the case of a vacancy, the secretary shall appoint a person to serve for the remainder of the unexpired term.

    (2) The council shall meet at the times and places designated by the secretary and shall hold meetings during the year as necessary to provide advice to the secretary.

    Each member of the council shall be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060.  In addition, members of the council shall be compensated in accordance with RCW 43.03.240 when engaged in the authorized business of the council.  The members of the council are immune from suit in an action, civil or criminal, based on their official acts performed in good faith as members of the council.

    Sec. 5.  RCW 18.19.100 and 1991 c 3 s 25 are each amended to read as follows:

    The secretary shall establish ((by rule the procedural)) administrative procedures, administrative requirements, and fees for renewal of registrations((.  Failure to renew shall invalidate the registration and all privileges granted by the registration.  Subsequent registration will require application and payment of a fee as determined by the secretary under RCW 43.70.250)) as provided in RCW 43.70.250 and 43.70.280.

    Sec. 6.  RCW 18.19.170 and 1991 c 3 s 32 are each amended to read as follows:

    A certificate issued under this chapter shall be renewed as ((determined by)) provided in RCW 43.70.250 and 43.70.280.  The secretary ((who)) may establish ((rules governing)) continuing competence requirements.  ((An additional fee may be set by the secretary as a renewal requirement when certification has lapsed due to failure to renew prior to the expiration date.))

    Sec. 7.  RCW 18.22.120 and 1990 c 147 s 13 are each amended to read as follows:

    The board shall establish by rule the requirements for renewal of licenses and relicensing. ((The secretary shall establish a renewal and late renewal penalty fee as provided in RCW 43.70.250, and the term for renewal of a license under RCW 43.70.280.  Failure to renew invalidates the license and all privileges granted by it.  The board shall determine by rule when a license shall be canceled for failure to renew and shall establish prerequisites for relicensing)) Administrative procedures, administrative requirements, and fees shall be established as provided in RCW 43.70.250 and 43.70.280.

    Sec. 8.  RCW 18.25.020 and 1994 sp.s. c 9 s 109 are each amended to read as follows:

    (1) Any person not now licensed to practice chiropractic in this state and who desires to practice chiropractic in this state, before it shall be lawful for him or her to do so, shall make application therefor to the secretary, upon such form and in such manner as may be adopted and directed by the secretary.  Each applicant who matriculates to a chiropractic college after January 1, 1975, shall have completed not less than one-half of the requirements for a baccalaureate degree at an accredited and approved college or university and shall be a graduate of a chiropractic school or college accredited and approved by the commission and shall show satisfactory evidence of completion by each applicant of a resident course of study of not less than four thousand classroom hours of instruction in such school or college.  Applications shall be in writing and shall be signed by the applicant in his or her own handwriting and shall be sworn to before some officer authorized to administer oaths, and shall recite the history of the applicant as to his or her educational advantages, his or her experience in matters pertaining to a knowledge of the care of the sick, how long he or she has studied chiropractic, under what teachers, what collateral branches, if any, he or she has studied, the length of time he or she has engaged in clinical practice; accompanying the same by reference therein, with any proof thereof in the shape of diplomas, certificates, and shall accompany said application with satisfactory evidence of good character and reputation.

    (2) ((There shall be paid to the secretary by each applicant for a license, a fee determined by the secretary as provided in RCW 43.70.250 which shall accompany application and a fee determined by the secretary as provided in RCW 43.70.250, which shall be paid upon issuance of license.  Like fees shall be paid for any subsequent examination and application)) Applicants shall follow administrative procedures and administrative requirements and pay fees as provided in RCW 43.70.250 and 43.70.280.

    Sec. 9.  RCW 18.25.070 and 1994 sp.s. c 9 s 114 are each amended to read as follows:

    (((1))) Every person practicing chiropractic shall, as a prerequisite to ((annual)) renewal of license, submit to the secretary at the time of application therefor, satisfactory proof showing attendance of at least twenty-five hours per year during the preceding ((twelve-month)) credential period, at one or more chiropractic symposiums which are recognized and approved by the commission.  The commission may, for good cause shown, waive said attendance.  The following guidelines for such symposiums shall apply:

    (((a))) (1) The commission shall set criteria for the course content of educational symposia concerning matters which are recognized by the state of Washington chiropractic licensing laws; it shall be the licensee's responsibility to determine whether the course content meets these criteria;

    (((b))) (2) The commission shall adopt standards for distribution of annual continuing education credit requirements;

    (((c))) (3) Rules shall be adopted by the commission for licensees practicing and residing outside the state who shall meet all requirements established by rule of the commission.

    (((2) Every person practicing chiropractic within this state shall pay on or before his or her birth anniversary date, after a license is issued to him or her as provided in this chapter, to the secretary a renewal license fee to be determined by the secretary as provided in RCW 43.70.250.  The secretary shall, thirty days or more before the birth anniversary date of each chiropractor in the state, mail to that chiropractor a notice of the fact that the renewal fee will be due on or before his or her birth anniversary date.  Nothing in this chapter shall be construed so as to require that the receipts shall be recorded as original licenses are required to be recorded.

    The failure of any licensed chiropractor to pay his or her annual license renewal fee within thirty days of license expiration shall work a forfeiture of his or her license.  It shall not be reinstated except upon evidence that continuing educational requirements have been fulfilled and the payment of a penalty to be determined by the secretary as provided in RCW 43.70.250, together with all annual license renewal fees delinquent at the time of the forfeiture, and those for each year thereafter up to the time of reinstatement.  If the licensee allows his or her license to lapse for more than three years, he or she may be reexamined as provided for in RCW 18.25.040 at the discretion of the commission.))

    Sec. 10.  RCW 18.29.021 and 1995 c 198 s 4 are each amended to read as follows:

    (1) The department shall issue a license to any applicant who, as determined by the secretary:

    (a) Has successfully completed an educational program approved by the secretary.  This educational program shall include course work encompassing the subject areas within the scope of the license to practice dental hygiene in the state of Washington;

    (b) Has successfully completed an examination administered or approved by the dental hygiene examining committee; and

    (c) Has not engaged in unprofessional conduct or is not unable to practice with reasonable skill and safety as a result of a physical or mental impairment.

    (2) Applications for licensure ((shall be submitted on forms provided by the department.  The department may require any information and documentation necessary to determine if the applicant meets the criteria for licensure as provided in this chapter and chapter 18.130 RCW.  Each applicant shall pay a fee determined by the secretary as provided in RCW 43.70.250.  The fee shall be submitted with the application)) must comply with administrative procedures, administrative requirements, and fees established according to RCW 43.70.250 and 43.70.280.

    Sec. 11.  RCW 18.29.071 and 1991 c 3 s 49 are each amended to read as follows:

    The secretary shall establish ((by rule)) the administrative procedures, administrative requirements, and fees for renewal of licenses as provided in this chapter and in RCW 43.70.250 and 43.70.280.  ((The secretary shall establish a renewal and late renewal penalty fee as provided in RCW 43.70.250.  Failure to renew invalidates the license and all privileges granted by the license.  The secretary shall determine by rule whether a license shall be canceled for failure to renew and shall establish procedures and requirements for relicensure.))

    Sec. 12.  RCW 18.30.120 and 1995 c 1 s 13 (Initiative Measure No. 607) are each amended to read as follows:

    (1) ((A license issued under RCW 18.30.080 is valid for two years.  A license may be renewed by paying the renewal fee)) The licensing period, administrative procedures, administrative requirements, and fees shall be determined by the secretary as provided in RCW 43.70.250 and 43.70.280.

    (2) ((If a license issued is effective on a date other than July 1, it shall be valid until the following June 30.

    (3))) The license shall contain, on its face, the address or addresses where the license holder will perform the denturist services.

    Sec. 13.  RCW 18.30.130 and 1995 c 198 s 23 are each amended to read as follows:

    The secretary shall establish by rule the ((administrative)) requirements for renewal of licenses to practice denturism, but shall not increase the licensure requirements provided in this chapter.  The secretary shall establish ((a renewal and late renewal penalty in accordance with RCW 43.70.250.  Failure to renew shall invalidate the license and all privileges granted by the license.  The secretary shall determine by rule whether a license shall be canceled for failure to renew and shall establish procedures and prerequisites for relicensure)) administrative procedures, administrative requirements, and fees for license periods and renewals as provided in RCW 43.70.250 and 43.70.280.

    Sec. 14.  RCW 18.32.110 and 1991 c 3 s 63 are each amended to read as follows:

    Each applicant shall pay a fee determined by the secretary as provided in RCW 43.70.250((, which shall accompany the application)) and 43.70.280.

    Sec. 15.  RCW 18.32.170 and 1991 c 3 s 66 are each amended to read as follows:

    A fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280 shall be charged for every duplicate license issued by the secretary.

    Sec. 16.  RCW 18.32.180 and 1994 sp.s. c 9 s 216 are each amended to read as follows:

    (((1))) Every person licensed to practice dentistry in this state shall ((register with the secretary, and pay a renewal registration fee determined by the secretary as provided in RCW 43.70.250.  Any failure to register and pay the renewal registration fee renders the license invalid, and the practice of dentistry shall not be permitted.  The license shall be reinstated upon written application to the secretary and payment to the state of a penalty fee determined by the secretary as provided in RCW 43.70.250, together with all delinquent license renewal fees.

    (2) A person who fails to renew the license for a period of three years may not renew the license under subsection (1) of this section.  In order to obtain a license to practice dentistry in this state, such a person shall file an original application as provided for in this chapter, along with the requisite fees.)) renew his or her license and comply with administrative procedures, administrative requirements, and fees as provided in RCW 43.70.250 and 43.70.280.  The commission, in its sole discretion, may permit the applicant to be licensed without examination, and with or without conditions, if it is satisfied that the applicant meets all the requirements for licensure in this state and is competent to engage in the practice of dentistry.

    Sec. 17.  RCW 18.32.220 and 1991 c 3 s 70 are each amended to read as follows:

    Anyone who is a licensed dentist in the state of Washington who desires to change residence to another state or territory, shall, upon application to the secretary and payment of a fee as determined by the secretary under RCW 43.70.250 and 43.70.280, receive a certificate over the signature of the secretary or his or her designee, which shall attest to the facts mentioned in this section, and giving the date upon which the dentist was licensed.

    Sec. 18.  RCW 18.34.120 and 1991 c 3 s 79 are each amended to read as follows:

    Each licensee hereunder shall pay ((an annual)) a renewal registration fee determined by the secretary as provided in RCW 43.70.250((, on or before the first day of July of each year, and thereupon the license of such person shall be renewed for a period of one year.  Any failure to pay the annual renewal registration fee shall render the license invalid, but such license shall be reinstated upon written application therefor to the secretary and payment of a penalty determined by the secretary as provided in RCW 43.70.250, together with all delinquent annual license renewal fees.  In addition,)) and 43.70.280.  The secretary may adopt rules establishing mandatory continuing education requirements to be met by persons applying for license renewal.

    Sec. 19.  RCW 18.35.060 and 1993 c 313 s 3 are each amended to read as follows:

    (1) The department shall issue a trainee license to any applicant who has shown to the satisfaction of the department that the applicant:

    (a) ((The applicant)) Is at least eighteen years of age;

    (b) If issued a trainee license, would be employed and directly supervised in the fitting and dispensing of hearing aids by a person licensed in good standing as a fitter-dispenser for at least one year unless otherwise approved by the board; and

    (c) Has ((paid an application fee)) complied with administrative procedures, administrative requirements, and fees determined ((by the secretary)) as provided in RCW 43.70.250((, to the department)) and 43.70.280.

    The provisions of RCW 18.35.030, 18.35.110, and 18.35.120 shall apply to any person issued a trainee license.  Pursuant to the provisions of this section, a person issued a trainee license may engage in the fitting and dispensing of hearing aids without having first passed the examination provided under this chapter.

    (2) The trainee license shall contain the name of the person licensed under this chapter who is employing and supervising the trainee and that person shall execute an acknowledgment of responsibility for all acts of the trainee in connection with the fitting and dispensing of hearing aids.

    (3) A trainee may fit and dispense hearing aids, but only if the trainee is under the direct supervision of a person licensed under this chapter in a capacity other than as a trainee.  Direct supervision by a licensed fitter-dispenser shall be required whenever the trainee is engaged in the fitting or dispensing of hearing aids during the trainee's first three months of full-time employment.  The board shall develop and adopt guidelines on any additional supervision or training it deems necessary.

    (4) ((The trainee license shall expire one year from the date of its issuance except that on recommendation of the board the license may be reissued for one additional year only)) No individual may hold a trainee license for more than two years.

    (5) No person licensed under this chapter may assume the responsibility for more than two trainees at any one time, except that the department may approve one additional trainee if none of the trainees is within the initial ninety-day period of direct supervision and the licensee demonstrates to the department's satisfaction that adequate supervision will be provided for all trainees.

    Sec. 20.  RCW 18.35.080 and 1991 c 3 s 83 are each amended to read as follows:

    The department shall license each applicant((, without discrimination,)) who satisfactorily completes the required examination and((, upon payment of a fee determined by the secretary as provided in RCW 43.70.250 to the department, shall issue to the applicant a license.  If a person does not apply for a license within three years of the successful completion of the license examination, reexamination is required for licensure.  The license shall be effective until the licensee's next birthday at which time it is subject to renewal.  Subsequent renewal dates shall coincide with the licensee's birthday)) complies with administrative procedures and administrative requirements established pursuant to RCW 43.70.250 and 43.70.280.

    Sec. 21.  RCW 18.35.090 and 1991 c 3 s 84 are each amended to read as follows:

    Each person who engages in the fitting and dispensing of hearing aids shall ((as the department prescribes by rule, pay to the department a fee established by the secretary under RCW 43.70.250 for a renewal of the license)) comply with administrative procedures and administrative requirements established under RCW 43.70.250 and 43.70.280 and shall keep the license conspicuously posted in the place of business at all times.  ((Any person who fails to renew his or her license prior to the expiration date must pay a penalty fee in addition to the renewal fee and satisfy the requirements that may be set forth by rule promulgated by the secretary for reinstatement.))  The secretary may ((by rule)) establish mandatory continuing education requirements and/or continued competency standards to be met by licensees as a condition for license renewal.

    Sec. 22.  RCW 18.36A.130 and 1991 c 3 s 98 are each amended to read as follows:

    ((Applications for licensure shall be submitted on forms provided by the department.  The department may require any information and documentation needed to determine if the applicant meets the criteria for licensure as provided in this chapter and chapter 18.130 RCW.  Each applicant shall pay a fee determined by the secretary as provided in RCW 43.70.250.  The fee shall be submitted with the application)) Applicants shall comply with administrative procedures, administrative requirements, and fees determined by the secretary as provided in RCW 43.70.250 and 43.70.280.

    Sec. 23.  RCW 18.36A.140 and 1991 c 3 s 99 are each amended to read as follows:

    The secretary shall establish ((by rule)) the administrative procedures, administrative requirements, and fees for renewal and late renewal of licenses as provided in RCW 43.70.250 and 43.70.280.  ((The secretary shall establish a renewal and late renewal penalty fee as provided in RCW 43.70.250.  Failure to renew shall invalidate the license and all privileges granted by the license.  The secretary shall determine by rule whether a license shall be canceled for failure to renew and shall establish procedures and prerequisites for relicensure.))

    Sec. 24.  RCW 18.50.050 and 1991 c 3 s 108 are each amended to read as follows:

    ((If the application is approved and the candidate shall have deposited an examination fee determined by the secretary as provided in RCW 43.70.250 with the secretary, the candidate shall be admitted to the examination, and in case of failure to pass the examination, may be reexamined at any regular examination within one year without the payment of an additional fee, said fee to be retained by the secretary after failure to pass the second examination)) Applicants shall comply with administrative procedures, administrative requirements, and fees determined by the secretary as provided by RCW 43.70.250 and 43.70.280.

    Sec. 25.  RCW 18.50.102 and 1991 c 3 s 110 are each amended to read as follows:

    Every person licensed to practice midwifery shall register with the secretary ((annually)) and pay ((an annual)) a renewal ((registration)) fee determined by the secretary as provided in RCW 43.70.250 ((on or before the licensee's birth anniversary date.  The license of the person shall be renewed for a period of one year.  Any failure to register and pay the annual renewal registration fee shall render the license invalid.  The license shall be reinstated upon written application to the secretary, payment to the state of a penalty fee determined by the secretary as provided in RCW 43.70.250, and payment to the state of all delinquent annual license renewal fees.  Any person who fails to renew his or her license for a period of three years shall not be entitled to renew such license under this section.  Such person, in order to obtain a license to practice midwifery in this state, shall file a new application under this chapter, along with the required fee.  The secretary, in the secretary's discretion, may permit the applicant to be licensed without examination if satisfied that the applicant meets all the requirements for licensure in this state and is competent to engage in the practice of midwifery)) and 43.70.280.

    Sec. 26.  RCW 18.52.110 and 1992 c 53 s 8 are each amended to read as follows:

    (1) Every holder of a nursing home administrator's license shall ((reregister on dates specified by the secretary.  Such relicensure shall be granted upon receipt of a fee determined by the secretary as provided in RCW 43.70.250, and upon)) renew that license by fulfilling the continuing competency requirement and by complying with administrative procedures, administrative requirements, and fees as determined according to RCW 43.70.250 and 43.70.280.  ((In the event that any license is not reregistered, the secretary may charge up to double the relicensure fee.  In the event that the license of an individual is not relicensed within two years from the most recent date for relicensure it shall lapse and such individual must again apply for licensing and meet all requirements of this chapter for a new applicant.))  The board may prescribe rules for maintenance of a license ((at a reduced fee)) for temporary or permanent withdrawal or retirement from the active practice of nursing home administration.

    (2) A condition of ((relicensure)) renewal shall be the presentation of proof by the applicant that the board requirement for continuing competency related to the administration of nursing homes has been met.

    Sec. 27.  RCW 18.52.130 and 1992 c 53 s 9 are each amended to read as follows:

    The secretary may issue a nursing home administrator's license to anyone who holds a current administrator's license from another jurisdiction upon receipt of an application ((fee and an annual license fee, as provided in RCW 43.70.250)) and complying with administrative procedures, administrative requirements, and fees determined according to RCW 43.70.250 and 43.70.280, if the standards for licensing in such other jurisdiction are substantially equivalent to those prevailing in this state, and that the applicant is otherwise qualified as determined by the board.

    Sec. 28.  RCW 18.52C.030 and 1991 c 3 s 131 are each amended to read as follows:

    A person who operates a nursing pool shall register the pool with the secretary.  Each separate location of the business of a nursing pool shall have a separate registration.

    The secretary((, by rule,)) shall establish ((forms and procedures for the processing of nursing pool registration applications, including the payment of registration fees pursuant to RCW 43.70.250.  An application for a nursing pool registration shall include at least the following information:

    (1) The names and addresses of the owner or owners of the nursing pool; and

    (2) If the owner is a corporation, copies of its articles of incorporation and current bylaws, together with the names and addresses of its officers and directors.

    A registration issued by the secretary in accordance with this section shall remain effective for a period of one year from the date of its issuance unless the registration is revoked or suspended pursuant to RCW 18.52C.040(4), or unless the nursing pool is sold or ownership or management is transferred, in which case the registration of the nursing pool shall be voided and the new owner or operator shall apply for a new registration)) administrative procedures, administrative requirements, and fees as provided in RCW 43.70.250 and 43.70.280.

    Sec. 29.  RCW 18.53.050 and 1991 c 3 s 134 are each amended to read as follows:

    Every ((registered)) licensed optometrist shall ((annually or on the date specified by the secretary pay to the state treasurer a renewal fee, to be determined by the secretary as provided in RCW 43.70.250, and failure to pay such fee within the prescribed time shall cause the suspension of his or her certificate)) renew his or her license by complying with administrative procedures, administrative requirements, and fees determined according to RCW 43.70.250 and 43.70.280.

    Sec. 30.  RCW 18.53.070 and 1991 c 3 s 136 are each amended to read as follows:

    ((The fees for application for examination and)) Administrative procedures, administrative requirements, and fees for issuing a ((certificate of registration)) license shall be determined ((by the secretary)) as provided in RCW 43.70.250((, which shall be paid to the secretary as he or she shall prescribe)) and 43.70.280.

    Sec. 31.  RCW 18.55.030 and 1991 c 3 s 143 are each amended to read as follows:

    ((Upon receipt of an application for a license and the license fee as determined by the secretary, the secretary shall issue a license if the applicant meets the requirements established under this chapter.  The license, unless suspended or revoked, shall be renewed annually.  All licenses issued under the provisions of this chapter shall expire on the 1st day of July)) The secretary shall determine administrative procedures, administrative requirements, and fees for licenses and renewals as provided in RCW 43.70.250 and 43.70.280.

    Sec. 32.  RCW 18.55.040 and 1991 c 180 s 4 are each amended to read as follows:

    No applicant shall be licensed under this chapter until the applicant ((pays an examination fee determined by the secretary, as provided in RCW 43.70.250, and certifies under oath after furnishing satisfactory documentation,)) complies with administrative procedures, administrative requirements, and fees determined by the secretary according to RCW 43.70.250 and 43.70.280.  Qualifications must require that the applicant:

    (1) Is eighteen years or more of age;

    (2) Has graduated from high school or has received a general equivalency degree;

    (3) Is of good moral character; and

    (4)(a) Had at least ten thousand hours of apprenticeship training under the direct supervision of a licensed ocularist; or

    (b) Successfully completed a prescribed course in ocularist training programs approved by the secretary; or

    (c) Has had at least ten thousand hours of apprenticeship training under the direct supervision of a practicing ocularist, or has the equivalent experience as a practicing ocularist, or any combination of training and supervision, not in the state of Washington; and

    (5) Successfully passes an examination conducted or approved by the secretary.

    Sec. 33.  RCW 18.55.050 and 1991 c 180 s 6 are each amended to read as follows:

    Every individual licensed or registered under this chapter shall ((pay an annual license or registration renewal fee)) comply with administrative procedures, administrative requirements, and fees determined by the secretary, as provided by RCW 43.70.250((, on or before the expiration date established by the secretary.  An application for renewal shall be on the form provided by the secretary and shall be filed with the department of health not less than ten days prior to its expiration.  Each application for renewal shall be accompanied by a renewal fee in an amount to be determined by the secretary.  Any license or registration not renewed as provided in this section shall be invalid.

    The secretary may provide by rule the procedures that may allow for the reinstatement of a license or registration upon payment of the renewal fee and a late renewal penalty fee)) and 43.70.280 to renew his or her license.

    Sec. 34.  RCW 18.57.035 and 1991 c 160 s 9 are each amended to read as follows:

    The board may grant approval to issue without examination a license to an osteopathic physician and surgeon in a board-approved postgraduate training program in this state if the applicant files an application and meets all the requirements for licensure set forth in RCW 18.57.020 except for completion of one year of postgraduate training.  The secretary shall issue a postgraduate osteopathic medicine and surgery license that permits the physician in postgraduate training to practice osteopathic medicine and surgery only in connection with his or her duties as a physician in postgraduate training and does not authorize the physician to engage in any other form of practice.  Each physician in postgraduate training shall practice osteopathic medicine and surgery only under the supervision of a physician licensed in this state under this chapter or chapter 18.71 RCW, but such supervision shall not be construed to necessarily require the personal presence of the supervising physician at the place where services are rendered.

    All persons licensed under this section shall be subject to the jurisdiction of the board of osteopathic medicine and surgery as set forth in this chapter and chapter 18.130 RCW.

    Persons applying for licensure pursuant to this section shall ((pay an application and renewal fee)) comply with administrative procedures, administrative requirements, and fees determined ((by the secretary)) as provided in RCW 43.70.250((.  Licenses issued hereunder may be renewed annually)) and 43.70.280.  Any person who obtains a license pursuant to this section may, apply for licensure under this chapter, but shall submit a new application form and comply with all other licensing requirements of this chapter.

    Sec. 35.  RCW 18.57.045 and 1991 c 160 s 4 are each amended to read as follows:

    A licensed osteopathic physician and surgeon who desires to leave the active practice of osteopathic medicine and surgery in this state may secure from the secretary an inactive license.  The ((initial and renewal)) administrative procedures, administrative requirements, and fees for an inactive license shall be determined ((by the secretary)) as provided in RCW 43.70.250 and 43.70.280.  The holder of an inactive license may reactivate his or her license to practice osteopathic medicine and surgery in accordance with rules adopted by the board.

    Sec. 36.  RCW 18.57.050 and 1991 c 160 s 6 are each amended to read as follows:

    ((Each applicant on making application shall pay the secretary a fee determined by the secretary as provided in RCW 43.70.250.  Application fees are nonrefundable.))  The board may establish rules and regulations governing mandatory continuing education requirements which shall be met by physicians applying for renewal of licenses. ((The secretary shall establish a renewal and late renewal penalty fee as provided in RCW 43.70.250.  Failure to renew the license invalidates all privileges granted by the license)) Administrative procedures, administrative requirements, and fees for applications and renewals shall be established as provided in RCW 43.70.250 and 43.70.280.  The board shall determine ((by rule when a license shall be canceled for failure to renew and shall establish)) prerequisites for relicensing.

    Sec. 37.  RCW 18.57.080 and 1991 c 160 s 7 are each amended to read as follows:

    Applicants for a license to practice osteopathic medicine and surgery must successfully complete an examination prepared or approved by the board.  The examination shall be conducted in the English language, shall determine the applicant's fitness to practice osteopathic medicine and surgery, and may be in whole or in part in writing or by practical application on those general subjects and topics of which knowledge is commonly and generally required of applicants who have obtained the doctor of osteopathic medicine and surgery conferred by accredited schools of osteopathic medicine and surgery approved by the board.  If an examination does not encompass the subject of osteopathic principles and practice, the applicant shall be required to complete the board-administered examination.  The board may prepare and administer or approve preparation and administration of examinations on such subjects as the board deems advisable.  The examination papers of any examination administered by the board shall form a part of the applicant's records and shall be retained as determined by the secretary for a period of not less than one year.  All applicants for examination or reexamination shall ((pay a fee)) comply with administrative procedures, administrative requirements, and fees determined ((by the secretary)) as provided in RCW 43.70.250 and 43.70.280.

    Sec. 38.  RCW 18.57.130 and 1991 c 160 s 10 and 1991 c 3 s 151 are each reenacted and amended to read as follows:

    Any person who meets the requirements of RCW 18.57.020 as now or hereafter amended and has been examined and licensed to practice osteopathic medicine and surgery by a state board of examiners of another state or the duly constituted authorities of another state authorized to issue licenses to practice osteopathic medicine and surgery upon examination, shall upon approval of the board be entitled to receive a license to practice osteopathic medicine and surgery in this state upon ((the payment of)) complying with administrative procedures, administrative requirements, and paying a fee determined ((by the secretary)) as provided in RCW 43.70.250 ((to the state treasurer)) and 43.70.280 and filing a copy of his or her license in such other state, duly certified by the authorities granting the license to be a full, true, and correct copy thereof, and certifying also that the standard of requirements adopted by such authorities as provided by the law of such state is substantially equal to that provided for by the provisions of this chapter:  PROVIDED, That no license shall issue without examination to any person who has previously failed in an examination held in this state:  PROVIDED, FURTHER, That all licenses herein mentioned may be revoked for unprofessional conduct, in the same manner and upon the same grounds as if issued under this chapter:  PROVIDED, FURTHER, That no one shall be permitted to practice surgery under this chapter who has not a license to practice osteopathic medicine and surgery.

    Sec. 39.  RCW 18.57A.020 and 1993 c 28 s 1 are each amended to read as follows:

    (1) The board shall adopt rules fixing the qualifications and the educational and training requirements for licensure as an osteopathic physician assistant or for those enrolled in any physician assistant training program.  The requirements shall include completion of an accredited physician assistant training program approved by the board and eligibility to take an examination approved by the board, providing such examination tests subjects substantially equivalent to the curriculum of an accredited physician assistant training program.

    (2)(a) The board shall adopt rules governing the extent to which:

    (i) Physician assistant students may practice medicine during training; and

    (ii) Physician assistants may practice after successful completion of a training course.

    (b) Such rules shall provide:

    (i) That the practice of an osteopathic physician assistant shall be limited to the performance of those services for which he or she is trained; and

    (ii) That each osteopathic physician assistant shall practice osteopathic medicine only under the supervision and control of an osteopathic physician licensed in this state, but such supervision and control shall not be construed to necessarily require the personal presence of the supervising physicians at the place where services are rendered.  The board may authorize the use of alternative supervisors who are licensed either under chapter 18.57 or 18.71 RCW.

    (3) Applicants for licensure shall file an application with the board on a form prepared by the secretary with the approval of the board, detailing the education, training, and experience of the physician assistant and such other information as the board may require.  The application shall be accompanied by a fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280.  Each applicant shall furnish proof satisfactory to the board of the following:

    (a) That the applicant has completed an accredited physician assistant program approved by the board and is eligible to take the examination approved by the board;

    (b) That the applicant is of good moral character; and

    (c) That the applicant is physically and mentally capable of practicing osteopathic medicine as an osteopathic physician assistant with reasonable skill and safety.  The board may require any applicant to submit to such examination or examinations as it deems necessary to determine an applicant's physical and/or mental capability to safely practice as an osteopathic physician assistant.

    (4) The board may approve, deny, or take other disciplinary action upon the application for a license as provided in the uniform disciplinary act, chapter 18.130 RCW.  The license shall be renewed ((on a periodic basis as determined by the secretary under RCW 43.70.280, upon payment of a fee determined by the secretary as provided in RCW 43.70.250 and submission of a completed renewal application, in addition to any late renewal penalty fees as determined by the secretary as provided in RCW 43.70.250)) as determined under RCW 43.70.250 and 43.70.280.

    Sec. 40.  RCW 18.71A.040 and 1994 sp.s. c 9 s 321 are each amended to read as follows:

    (1) No physician assistant practicing in this state shall be employed or supervised by a physician or physician group without the approval of the commission.

    (2) Prior to commencing practice, a physician assistant licensed in this state shall apply to the commission for permission to be employed or supervised by a physician or physician group.  The practice arrangement plan shall be jointly submitted by the physician or physician group and physician assistant. ((The secretary may charge a fee as provided in RCW 43.70.250 to recover the cost for the plan review)) Administrative procedures, administrative requirements, and fees shall be established as provided in RCW 43.70.250 and 43.70.280.  The practice arrangement plan shall delineate the manner and extent to which the physician assistant would practice and be supervised.  Whenever a physician assistant is practicing in a manner inconsistent with the approved practice arrangement plan, the medical((disciplinary board [commission])) commission may take disciplinary action under chapter 18.130 RCW.

    Sec. 41.  RCW 18.59.110 and 1991 c 3 s 156 are each amended to read as follows:

    ((The secretary shall prescribe and publish fees in amounts determined by the secretary as provided in RCW 43.70.250 for the following purposes:

    (1) Application for examination;

    (2) Initial license fee;

    (3) Renewal of license fee;

    (4) Late renewal fee; and

    (5) Limited permit fee.

    The fees shall be set in such an amount as to reimburse the state, to the extent feasible, for the cost of the services rendered)) Administrative procedures, administrative requirements, and fees shall be established as provided in RCW 43.70.250 and 43.70.280 for applications, initial and renewal licenses, and limited permits.

    Sec. 42.  RCW 18.64.040 and 1989 1st ex.s. c 9 s 413 are each amended to read as follows:

    Every applicant for license examination under this chapter shall pay the sum determined by the secretary under RCW 43.70.250 and 43.70.280 before the examination is attempted.

    Sec. 43.  RCW 18.64.043 and 1991 c 229 s 3 are each amended to read as follows:

    (1) The owner of each pharmacy shall pay an original license fee to be determined by the secretary, and annually thereafter, on or before a date to be determined by the secretary, a fee to be determined by the secretary, for which he or she shall receive a license of location, which shall entitle the owner to operate such pharmacy at the location specified, or such other temporary location as the secretary may approve, for the period ending on a date to be determined by the secretary as provided in RCW 43.70.250 and 43.70.280, and each such owner shall at the time of filing proof of payment of such fee as provided in RCW 18.64.045 as now or hereafter amended, file with the department on a blank therefor provided, a declaration of ownership and location, which declaration of ownership and location so filed as aforesaid shall be deemed presumptive evidence of ownership of the pharmacy mentioned therein.

    (2) It shall be the duty of the owner to immediately notify the department of any change of location or ownership and to keep the license of location or the renewal thereof properly exhibited in said pharmacy.

    (3) Failure to comply with this section shall be deemed a misdemeanor, and each day that said failure continues shall be deemed a separate offense.

    (4) In the event such license fee remains unpaid on the date due, no renewal or new license shall be issued except upon ((payment of the license renewal fee and a penalty fee equal to the original license fee)) compliance with administrative procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280.

    Sec. 44.  RCW 18.64.045 and 1991 c 229 s 4 are each amended to read as follows:

    The owner of each and every place of business which manufactures drugs shall pay a license fee to be determined by the secretary, and thereafter, on or before a date to be determined by the secretary, a fee to be determined by the secretary as provided in RCW 43.70.250 and 43.70.280, for which the owner shall receive a license of location from the department, which shall entitle the owner to manufacture drugs at the location specified for the period ending on a date to be determined by the ((board)) secretary, and each such owner shall at the time of payment of such fee file with the department, on a blank therefor provided, a declaration of ownership and location, which declaration of ownership and location so filed as aforesaid shall be deemed presumptive evidence of the ownership of such place of business mentioned therein.  It shall be the duty of the owner to notify immediately the department of any change of location or ownership and to keep the license of location or the renewal thereof properly exhibited in such place of business.  Failure to conform with this section shall be deemed a misdemeanor, and each day that said failure continues shall be deemed a separate offense.  In event such license fee remains unpaid on the date due, no renewal or new license shall be issued except upon ((payment of the license renewal fee and a penalty fee equal to the license renewal fee)) compliance with administrative procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280.

    Sec. 45.  RCW 18.64.046 and 1991 c 229 s 5 are each amended to read as follows:

    The owner of each place of business which sells legend drugs and nonprescription drugs, or nonprescription drugs at wholesale shall pay a license fee to be determined by the secretary, and thereafter, on or before a date to be determined by the secretary as provided in RCW 43.70.250 and 43.70.280, a like fee to be determined by the secretary, for which the owner shall receive a license of location from the department, which shall entitle such owner to either sell legend drugs and nonprescription drugs or nonprescription drugs at wholesale at the location specified for the period ending on a date to be determined by the ((board)) secretary, and each such owner shall at the time of payment of such fee file with the department, on a blank therefor provided, a declaration of ownership and location, which declaration of ownership and location so filed as aforesaid shall be deemed presumptive evidence of the ownership of such place of business mentioned therein.  It shall be the duty of the owner to notify immediately the department of any change of location and ownership and to keep the license of location or the renewal thereof properly exhibited in such place of business.  Failure to conform with this section shall be deemed a misdemeanor, and each day that said failure continues shall be deemed a separate offense.  In event such license fee remains unpaid on the date due, no renewal or new license shall be issued except upon ((payment of the license renewal fee and a penalty fee equal to the license renewal fee)) compliance with administrative procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280.

    Sec. 46.  RCW 18.64.047 and 1991 c 229 s 6 are each amended to read as follows:

    Any itinerant vendor or any peddler of any nonprescription drug or preparation for the treatment of disease or injury, shall pay a registration fee determined by the secretary on a date to be determined by the secretary as provided in RCW 43.70.250 and 43.70.280.  The department may issue a registration to such vendor on an approved application made to the department.  Any itinerant vendor or peddler who shall vend or sell, or offer to sell to the public any such nonprescription drug or preparation without having registered to do so as provided in this section, shall be guilty of a misdemeanor and each sale or offer to sell shall constitute a separate offense.  In event such registration fee remains unpaid on the date due, no renewal or new registration shall be issued except upon ((payment of the registration renewal fee and a penalty fee equal to the renewal fee)) compliance with administrative procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280.  This registration shall not authorize the sale of legend drugs or controlled substances.

    Sec. 47.  RCW 18.64.140 and 1991 c 229 s 7 are each amended to read as follows:

    Every licensed pharmacist who desires to practice pharmacy shall secure from the department a license, the fee for which shall be determined by the secretary under RCW 43.70.250 and 43.70.280.  The administrative procedures, administrative requirements, renewal fee, and late renewal fee shall also be determined ((by the secretary)) under RCW 43.70.250 and 43.70.280.  ((The date of renewal may be established by the secretary by regulation and the department may by regulation extend the duration of a licensing period for the purpose of staggering renewal periods.  Such regulation may provide a method for imposing and collecting such additional proportional fee as may be required for the extended period.))  Payment of this fee shall entitle the licensee to a pharmacy law book, subsequent current mailings of all additions, changes, or deletions in the pharmacy practice act, chapter 18.64 RCW, and all additions, changes, or deletions of pharmacy board and department regulations.  ((Pharmacists shall pay the license renewal fee and a penalty equal to the license renewal fee for the late renewal of their license.))  The current license shall be conspicuously displayed to the public in the pharmacy to which it applies.  Any licensed pharmacist who desires to leave the active practice of pharmacy in this state may secure from the department an inactive license.  The initial license and renewal fees shall be determined by the secretary under RCW 43.70.250 and 43.70.280.  The holder of an inactive license may reactivate his or her license to practice pharmacy in accordance with rules adopted by the board.

    Sec. 48.  RCW 18.64.205 and 1991 c 229 s 2 are each amended to read as follows:

    The board may adopt rules pursuant to this section authorizing a retired active license status.  An individual licensed pursuant to this chapter, who is practicing only in emergent or intermittent circumstances as defined by rule established by the board, may hold a retired active license at a reduced renewal fee established by the secretary under RCW 43.70.250 and 43.70.280.  Such a license shall meet the continuing education requirements, if any, established by the board for renewals, and is subject to the provisions of the uniform disciplinary act, chapter 18.130 RCW.  Individuals who have entered into retired status agreements with the disciplinary authority in any jurisdiction shall not qualify for a retired active license under this section.

    Sec. 49.  RCW 18.64.310 and 1989 1st ex.s. c 9 s 410 are each amended to read as follows:

    The department shall:

    (1) Establish reasonable license and examination fees and fees for services to other agencies in accordance with RCW 43.70.250 and 43.70.280.  In cases where there are unanticipated demands for services, the department may request payment for services directly from the agencies for whom the services are performed, to the extent that revenues or other funds are available.  Drug-related investigations regarding licensed health care practitioners shall be funded by an appropriation to the department from the health professions account.  The  payment may be made on either an advance or a reimbursable basis as approved by the director of financial management;

    (2) Employ, with confirmation by the board, an executive officer, who shall be exempt from the provisions of chapter 41.06 RCW and who shall be a pharmacist licensed in Washington, and employ inspectors, investigators, chemists, and other persons as necessary to assist it for any purpose which it may deem necessary;

    (3) Investigate and prosecute, at the direction of the board, including use of subpoena powers, violations of law or regulations under its jurisdiction or the jurisdiction of the board of pharmacy;

    (4) Make, at the direction of the board, inspections and investigations of pharmacies and other places, including dispensing machines, in which drugs or devices are stored, held, compounded, dispensed, sold, or administered to the ultimate consumer, to take and analyze any drugs or devices and to seize and condemn any drugs or devices which are adulterated, misbranded, stored, held, dispensed, distributed, administered, or compounded in violation of or contrary to law.  The written operating agreement between the department and the board, as required by RCW 43.70.240 shall include provisions for the department to involve the board in carrying out its duties required by this section.

    Sec. 50.  RCW 18.64A.030 and 1989 1st ex.s. c 9 s 423 are each amended to read as follows:

    The board shall adopt, in accordance with chapter 34.05 RCW, rules and regulations governing the extent to which pharmacy assistants may perform services associated with the practice of pharmacy during training and after successful completion of a training course.  Such regulations shall provide for the certification of pharmacy assistants by the department at a fee determined by the secretary under RCW 43.70.250 and 43.70.280 according to the following levels of classification:

    (1) "Level A pharmacy assistants" may assist in performing, under the immediate supervision and control of a licensed pharmacist, manipulative, nondiscretionary functions associated with the practice of pharmacy.

    (2) "Level B pharmacy assistants" may perform, under the general supervision of a licensed pharmacist, duties including but not limited to, typing of prescription labels, filing, refiling, bookkeeping, pricing, stocking, delivery, nonprofessional phone inquiries, and documentation of third party reimbursements.

    Sec. 51.  RCW 18.64A.060 and 1989 1st ex.s. c 9 s 425 are each amended to read as follows:

    No pharmacy licensed in this state shall utilize the services of pharmacy assistants without approval of the board.

    Any pharmacy licensed in this state may apply to the board for permission to use the services of pharmacy assistants.  The application shall be accompanied by a ((uniform)) fee ((to be determined by the secretary)) and shall comply with administrative procedures and administrative requirements set pursuant to RCW 43.70.250 and 43.70.280, shall detail the manner and extent to which the pharmacy assistants would be used and supervised, and shall provide other information in such form as the secretary may require.

    The board may approve or reject such applications.  In addition, the board may modify the proposed utilization of pharmacy assistants and approve the application as modified.  ((No such approval shall extend for more than one year, but approval once granted may be renewed annually upon payment of a uniform fee as determined by the secretary.))  Whenever it appears to the board that a pharmacy assistant is being utilized in a manner inconsistent with the approval granted, the board may withdraw such approval.  In the event a hearing is requested upon the rejection of an application, or upon the withdrawal of approval, a hearing shall be conducted in accordance with chapter 18.64 RCW, as now or hereafter amended, and appeal may be taken in accordance with the Administrative Procedure Act, chapter 34.05 RCW.

    Sec. 52.  RCW 18.71.080 and 1994 sp.s. c 9 s 312 are each amended to read as follows:

    Every person licensed to practice medicine in this state shall ((register with the secretary of health annually, and pay an annual renewal registration fee determined by the secretary as provided in RCW 43.70.250)) pay licensing fees and renew his or her license in accordance with administrative procedures and administrative requirements adopted as provided in RCW 43.70.250 and 43.70.280.  The commission may establish rules governing mandatory continuing education requirements which shall be met by physicians applying for renewal of licenses.  The rules shall provide that mandatory continuing education requirements may be met in part by physicians showing evidence of the completion of approved activities relating to professional liability risk management.  ((Any failure to register and pay the annual renewal registration fee shall render the license invalid, but such license shall be reinstated upon written application therefor to the secretary, and payment to the state of a penalty fee determined by the secretary as provided in RCW 43.70.250, together with all delinquent annual license renewal fees:  PROVIDED, HOWEVER, That any person who fails to renew the license for a period of three years, shall in no event be entitled to renew the license under this section.  Such a person in order to obtain a license to practice medicine in this state, shall file an original application as provided for in this chapter, along with the requisite fee therefor.))  The commission, in its sole discretion, may permit ((such)) an applicant who has not renewed his or her license to be licensed without examination if it is satisfied that such applicant meets all the requirements for licensure in this state, and is competent to engage in the practice of medicine.

    Sec. 53.  RCW 18.71.085 and 1994 sp.s. c 9 s 313 are each amended to read as follows:

    The commission may adopt rules pursuant to this section authorizing an inactive license status.

    (1) An individual licensed pursuant to chapter 18.71 RCW may place his or her license on inactive status.  The holder of an inactive license shall not practice medicine and surgery in this state without first activating the license.

    (2) The administrative procedures, administrative requirements, and fee for inactive renewal ((fee)) shall be established ((by the secretary)) pursuant to RCW 43.70.250 and 43.70.280.  ((Failure to renew an inactive license shall result in cancellation in the same manner as an active license.))

    (3) An inactive license may be placed in an active status upon compliance with rules established by the commission.

    (4) Provisions relating to disciplinary action against a person with a license shall be applicable to a person with an inactive license, except that when disciplinary proceedings against a person with an inactive license have been initiated, the license shall remain inactive until the proceedings have been completed.

    Sec. 54.  RCW 18.71.095 and 1994 sp.s. c 9 s 315 are each amended to read as follows:

    The commission may, without examination, issue a limited license to persons who possess the qualifications set forth herein:

    (1) The commission may, upon the written request of the secretary of the department of social and health services or the secretary of corrections, issue a limited license to practice medicine in this state to persons who have been accepted for employment by the department of social and health services or the department of corrections as physicians; who are licensed to practice medicine in another state of the United States or in the country of Canada or any province or territory thereof; and who meet all of the qualifications for licensure set forth in RCW 18.71.050.

    Such license shall permit the holder thereof to practice medicine only in connection with patients, residents, or inmates of the state institutions under the control and supervision of the secretary of the department of social and health services or the department of corrections.

    (2) The commission may issue a limited license to practice medicine in this state to persons who have been accepted for employment by a county or city health department as physicians; who are licensed to practice medicine in another state of the United States or in the country of Canada or any province or territory thereof; and who meet all of the qualifications for licensure set forth in RCW 18.71.050.

    Such license shall permit the holder thereof to practice medicine only in connection with his or her duties in employment with the city or county health department.

    (3) Upon receipt of a completed application showing that the applicant meets all of the requirements for licensure set forth in RCW 18.71.050 except for completion of two years of postgraduate medical training, and that the applicant has been appointed as a resident physician in a program of postgraduate clinical training in this state approved by the commission, the commission may issue a limited license to a resident physician.  Such license shall permit the resident physician to practice medicine only in connection with his or her duties as a resident physician and shall not authorize the physician to engage in any other form of practice.  Each resident physician shall practice medicine only under the supervision and control of a physician licensed in this state, but such supervision and control shall not be construed to necessarily require the personal presence of the supervising physician at the place where services are rendered.

    (4)(a) Upon nomination by the dean of the school of medicine at the University of Washington or the chief executive officer of a hospital or other appropriate health care facility licensed in the state of Washington, the commission may issue a limited license to a physician applicant invited to serve as a teaching-research member of the institution's instructional staff if the sponsoring institution and the applicant give evidence that he or she has graduated from a recognized medical school and has been licensed or otherwise privileged to practice medicine at his or her location of origin.  Such license shall permit the recipient to practice medicine only within the confines of the instructional program specified in the application and shall terminate whenever the holder ceases to be involved in that program, or at the end of one year, whichever is earlier.  Upon request of the applicant and the institutional authority, the license may be renewed for no more than a total of two years.

    (b) Upon nomination by the dean of the school of medicine of the University of Washington or the chief executive officer of any hospital or appropriate health care facility licensed in the state of Washington, the commission may issue a limited license to an applicant selected by the sponsoring institution to be enrolled in one of its designated departmental or divisional fellowship programs provided that the applicant shall have graduated from a recognized medical school and has been granted a license or other appropriate certificate to practice medicine in the location of the applicant's origin.  Such license shall permit the holder only to practice medicine within the confines of the fellowship program to which he or she has been appointed and, upon the request of the applicant and the sponsoring institution, the license may be renewed by the commission for no more than a total of two years.

    All persons licensed under this section shall be subject to the jurisdiction of the commission to the same extent as other members of the medical profession, in accordance with this chapter and chapter 18.130 RCW.

    Persons applying for licensure and renewing licenses pursuant to this section shall ((pay an application fee)) comply with administrative procedures, administrative requirements, and fees determined ((by the secretary)) as provided in RCW 43.70.250 ((and, in the event the license applied for is issued, a license fee at the rate provided for renewals of licenses generally.  Licenses issued hereunder may be renewed annually pursuant to the provisions of RCW 18.71.080)) and 43.70.280.  Any person who obtains a limited license pursuant to this section may((, without an additional application fee,)) apply for licensure under this chapter, but shall submit a new application form and comply with all other licensing requirements of this chapter.

    Sec. 55.  RCW 18.71.205 and 1995 c 65 s 3 are each amended to read as follows:

    (1) The secretary of the department of health, in conjunction with the advice and assistance of the emergency medical services licensing and certification advisory committee as prescribed in RCW 18.73.050, and the commission, shall prescribe:

    (a) Practice parameters, training standards for, and levels of, physician trained emergency medical service intermediate life support technicians and paramedics;

    (b) Minimum standards and performance requirements for the certification and recertification of physician's trained emergency medical service intermediate life support technicians and paramedics; and

    (c) Procedures for certification, recertification, and decertification of physician's trained emergency medical service intermediate life support technicians and paramedics.

    (2) Initial certification shall be for a period ((of three years)) established by the secretary pursuant to RCW 43.70.250 and 43.70.280.

    (3) Recertification shall be granted upon proof of continuing satisfactory performance and education, and shall be for a period ((of three years)) established by the secretary pursuant to RCW 43.70.250 and 43.70.280.

    (4) As used in chapters 18.71 and 18.73 RCW, "approved medical program director" means a person who:

    (a) Is licensed to practice medicine and surgery pursuant to chapter 18.71 RCW or osteopathy and surgery pursuant to chapter 18.57 RCW; and

    (b) Is qualified and knowledgeable in the administration and management of emergency care and services; and

    (c) Is so certified by the department of health for a county, group of counties, or cities with populations over four hundred thousand in coordination with the recommendations of the local medical community and local emergency medical services and trauma care council.

    (5) The Uniform Disciplinary Act, chapter 18.130 RCW, governs uncertified practice, the issuance and denial of certificates, and the disciplining of certificate holders under this section.  The secretary shall be the disciplining authority under this section.  Disciplinary action shall be initiated against a person credentialed under this chapter in a manner consistent with the responsibilities and duties of the medical program director under whom such person is responsible.

    (6) Such activities of ((physician['s])) physician's trained emergency medical service intermediate life support technicians and paramedics shall be limited to actions taken under the express written or oral order of medical program directors and shall not be construed at any time to include free standing or nondirected actions, for actions not presenting an emergency or life-threatening condition.

    Sec. 56.  RCW 18.71.400 and 1993 c 367 s 18 are each amended to read as follows:

    There is hereby levied to be collected by the department of health from every physician and surgeon licensed pursuant to chapter 18.71 RCW and every physician assistant licensed pursuant to chapter 18.71A RCW ((an annual)) a medical disciplinary assessment equal to the license renewal fee established by the secretary under RCW 43.70.250 and 43.70.280.  The assessment levied pursuant to this section is in addition to any license renewal fee ((established under RCW 43.70.250)).

    Sec. 57.  RCW 18.71A.020 and 1994 sp.s. c 9 s 319 are each amended to read as follows:

    (1) The commission shall adopt rules fixing the qualifications and the educational and training requirements for licensure as a physician assistant or for those enrolled in any physician assistant training program.  The requirements shall include completion of an accredited physician assistant training program approved by the commission and eligibility to take an examination approved by the commission, if the examination tests subjects substantially equivalent to the curriculum of an accredited physician assistant training program.  Physician assistants licensed by the board of medical examiners as of June 7, 1990, shall continue to be licensed.

    (2)(a) The commission shall adopt rules governing the extent to which:

    (i) Physician assistant students may practice medicine during training; and

    (ii) Physician assistants may practice after successful completion of a physician assistant training course.

    (b) Such rules shall provide:

    (i) That the practice of a physician assistant shall be limited to the performance of those services for which he or she is trained; and

    (ii) That each physician assistant shall practice medicine only under the supervision and control of a physician licensed in this state, but such supervision and control shall not be construed to necessarily require the personal presence of the supervising physician or physicians at the place where services are rendered.

    (3) Applicants for licensure shall file an application with the commission on a form prepared by the secretary with the approval of the commission, detailing the education, training, and experience of the physician assistant and such other information as the commission may require.  The application shall be accompanied by a fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280.  Each applicant shall furnish proof satisfactory to the commission of the following:

    (a) That the applicant has completed an accredited physician assistant program approved by the commission and is eligible to take the examination approved by the commission;

    (b) That the applicant is of good moral character; and

    (c) That the applicant is physically and mentally capable of practicing medicine as a physician assistant with reasonable skill and safety.  The commission may require an applicant to submit to such examination or examinations as it deems necessary to determine an applicant's physical or mental capability, or both, to safely practice as a physician assistant.

    (4) The commission may approve, deny, or take other disciplinary action upon the application for license as provided in the Uniform Disciplinary Act, chapter 18.130 RCW.  The license shall be renewed ((on a periodic basis as determined by the secretary under RCW 43.70.280, upon payment of a fee determined by the secretary as provided in RCW 43.70.250, and submission of a completed renewal application, in addition to any late renewal penalty fees as determined by the secretary as provided in RCW 43.70.250)) as determined under RCW 43.70.250 and 43.70.280.  The commission may authorize the use of alternative supervisors who are licensed either under chapter 18.57 or 18.71 RCW.

    Sec. 58.  RCW 18.71A.040 and 1994 sp.s. c 9 s 321 are each amended to read as follows:

    (1) No physician assistant practicing in this state shall be employed or supervised by a physician or physician group without the approval of the commission.

    (2) Prior to commencing practice, a physician assistant licensed in this state shall apply to the commission for permission to be employed or supervised by a physician or physician group.  The practice arrangement plan shall be jointly submitted by the physician or physician group and physician assistant. ((The secretary may charge a fee as provided in RCW 43.70.250 to recover the cost for the plan review)) Administrative procedures, administrative requirements, and fees shall be established as provided in RCW 43.70.250 and 43.70.280.  The practice arrangement plan shall delineate the manner and extent to which the physician assistant would practice and be supervised.  Whenever a physician assistant is practicing in a manner inconsistent with the approved practice arrangement plan, the ((medical disciplinary board [commission])) commission may take disciplinary action under chapter 18.130 RCW.

    Sec. 59.  RCW 18.74.050 and 1991 c 3 s 178 are each amended to read as follows:

    The secretary shall furnish a license upon the authority of the board to any person who applies and who has qualified under the provisions of this chapter.  At the time of applying, the applicant shall ((pay to the state treasurer a fee determined by the secretary as provided in RCW 43.70.250)) comply with administrative procedures, administrative requirements, and fees established pursuant to RCW 43.70.250 and 43.70.280.  No person registered or licensed on July 24, 1983, as a physical therapist shall be required to pay an additional fee for a license under this chapter.

    Sec. 60.  RCW 18.74.060 and 1991 c 3 s 179 are each amended to read as follows:

    Upon the recommendation of the board, the secretary shall license as a physical therapist and shall furnish a license to any person who is a physical therapist registered or licensed under the laws of another state or territory, or the District of Columbia, if the qualifications for such registration or license required of the applicant were substantially equal to the requirements under this chapter.  At the time of making application, the applicant shall ((pay to the state treasurer a fee determined by the secretary as provided in RCW 43.70.250)) comply with administrative procedures, administrative requirements, and fees established pursuant to RCW 43.70.250 and 43.70.280.

    Sec. 61.  RCW 18.74.070 and 1991 c 3 s 180 are each amended to read as follows:

    Every licensed physical therapist shall apply to the secretary for a renewal of the license and pay to the state treasurer a fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280.  ((The license of a physical therapist who fails to renew the license within thirty days of the date set by the secretary for renewal shall automatically lapse.  Within three years from the date of lapse and upon the recommendation of the board, the secretary may revive a lapsed license upon the payment of all past unpaid renewal fees and a penalty fee to be determined by the secretary.  The board may require reexamination of an applicant whose license has lapsed for more than three years and who has not continuously engaged in lawful practice in another state or territory, or waive reexamination in favor of evidence of continuing education satisfactory to the board.))

    Sec. 62.  RCW 18.79.200 and 1994 sp.s. c 9 s 420 are each amended to read as follows:

    An applicant for a license to practice as a registered nurse, advanced registered nurse practitioner, or licensed practical nurse shall comply with administrative procedures, administrative requirements, and ((pay a fee)) fees as determined ((by the secretary)) under RCW 43.70.250 ((to the state treasurer)) and 43.70.280.

    Sec. 63.  RCW 18.79.210 and 1994 sp.s. c 9 s 421 are each amended to read as follows:

    A license issued under this chapter((, whether in an active or inactive status,)) must be renewed, except as provided in this chapter.  The licensee shall ((send the renewal form to the department with a renewal fee,)) comply with administrative procedures, administrative requirements, and fees as determined ((by the secretary)) under RCW 43.70.250((, before the expiration date.  Upon receipt of the renewal form and the appropriate fee, the department shall issue the licensee a license, which declares the holder to be a legal practitioner of registered nursing, advanced registered nursing practice, or licensed practical nursing, as appropriate, in either active or inactive status, for the period of time stated on the license)) and 43.70.280.

    Sec. 64.  RCW 18.83.060 and 1991 c 3 s 197 are each amended to read as follows:

    ((Each applicant for a license shall file with the secretary an application duly verified, in such form and setting forth such information as the board shall prescribe.  An application fee determined by the secretary as provided in RCW 43.70.250 shall accompany each application)) Administrative procedures, administrative requirements, and fees for applications and examinations shall be established as provided in RCW 43.70.250 and 43.70.280.

    Sec. 65.  RCW 18.83.072 and 1995 c 198 s 12 are each amended to read as follows:

    (1) Examination of applicants shall be held in Olympia, Washington, or at such other place as designated by the secretary, at least annually at such times as the board may determine.

    (2) Any applicant shall have the right to discuss with the board his or her performance on the examination.

    (3) Any applicant who fails to make a passing grade on the examination may be allowed to retake the examination.  Any applicant who fails the examination a second time must obtain special permission from the board to take the examination again.

    (4) ((The reexamination fee shall be the same as the application fee set forth in RCW 18.83.060.

    (5))) The board may approve an examination prepared or administered by a private testing agency or association of licensing authorities.

    Sec. 66.  RCW 18.83.080 and 1991 c 3 s 199 are each amended to read as follows:

    ((Upon forwarding to the secretary by)) The board ((of)) shall forward to the secretary the name of each applicant entitled to a license under this chapter((,)).  The secretary shall promptly issue to such applicant a license authorizing such applicant to use the title "psychologist" ((for a period of one year.  Said license shall be in such form as the secretary shall determine)).  Each licensed psychologist shall keep his or her license displayed in a conspicuous place in his or her principal place of business.

    Sec. 67.  RCW 18.83.082 and 1984 c 279 s 82 are each amended to read as follows:

    (((1) A valid receipt for an initial application for license hereunder, provided the applicant meets the requirements of RCW 18.83.070 (1), (2), and (3), shall constitute a temporary permit to practice psychology until the board completes action on the application.  The board must complete action within one year of the date such receipt is issued.

    (2))) A person, not licensed in this state, who wishes to perform practices under the provisions of this chapter for a period not to exceed ninety days within a calendar year, must petition the board for a temporary permit to perform such practices.  If the person is licensed or certified in another state deemed by the board to have standards equivalent to this chapter, a permit may be issued.  No fee shall be charged for such temporary permit.

    Sec. 68.  RCW 18.83.090 and 1991 c 3 s 200 are each amended to read as follows:

    The board shall establish rules governing mandatory continuing education requirements which shall be met by any psychologist applying for a license renewal.  ((Each licensed psychologist shall pay to the health professions account, created in RCW 43.70.320, annually, at such time as determined by the board, an annual license renewal fee determined by the secretary under RCW 43.70.250.  Upon receipt of the fee, the secretary shall issue a certificate of renewal in such form as the secretary shall determine)) Administrative procedures, administrative requirements, and fees for renewal and reissue of licenses shall be established as provided in RCW 43.70.250 and 43.70.280.

    Sec. 69.  RCW 18.83.105 and 1991 c 3 s 201 are each amended to read as follows:

    The board may issue certificates of qualification with appropriate title to applicants who meet all the licensing requirements except the possession of the degree of Doctor of Philosophy or its equivalent in psychology from an accredited educational institution.  These certificates of qualification certify that the holder has been examined by the board and is deemed competent to perform certain functions within the practice of psychology under the periodic direct supervision of a psychologist licensed by the board.  Such functions will be specified on the certificate issued by the board.  Such applicant shall ((pay to the board of examiners a fee determined by the secretary as provided in RCW 43.70.250 for certification in a single area of qualification and a fee for amendment of the certificate to include each additional area of qualification)) comply with administrative procedures, administrative requirements, and fees determined under RCW 43.70.250 and 43.70.280.  Upon petition by a holder the board of examiners may grant authority to function without immediate supervision.

    Sec. 70.  RCW 18.83.170 and 1991 c 3 s 202 are each amended to read as follows:

    Upon ((application accompanied by a fee determined by the secretary as provided in RCW 43.70.250)) compliance with administrative procedures, administrative requirements, and fees determined under RCW 43.70.250 and 43.70.280, the board may grant a license, without written examination, to any applicant who has not previously failed any examination held by the board of psychology of the state of Washington and furnishes evidence satisfactory to the board that the applicant:

    (1) Holds a doctoral degree with primary emphasis on psychology from an accredited college or university; and

    (2) Is licensed or certified to practice psychology in another state or country in which the requirements for such licensing or certification are, in the judgment of the board, essentially equivalent to those required by this chapter and the rules and regulations of the board.  Such individuals must have been licensed or certified in another state for a period of at least two years; or

    (3) Is a diplomate in good standing of the American Board of Examiners in Professional Psychology.

    Sec. 71.  RCW 18.84.100 and 1991 c 3 s 211 are each amended to read as follows:

    Applications for certification must be submitted on forms provided by the secretary.  The secretary may require any information and documentation that reasonably relates to the determination of whether the applicant meets the requirements for certification provided for in this chapter and chapter 18.130 RCW.  Each applicant shall ((pay a fee)) comply with administrative procedures, administrative requirements, and fees determined by the secretary as provided in RCW 43.70.250 ((which shall accompany the application)) and 43.70.280.

    Sec. 72.  RCW 18.84.110 and 1994 sp.s. c 9 s 509 are each amended to read as follows:

    The secretary shall establish ((by rule)) the administrative procedures, administrative requirements, and fees for renewal of certificates as provided in RCW 43.70.250 and 43.70.280.  ((Failure to renew invalidates the certificate and all privileges granted by the certificate.  In the event a certificate has lapsed for a period longer than three years, the certificant shall demonstrate competence to the satisfaction of the secretary by continuing education or under the other standards determined by the secretary.))

    Sec. 73.  RCW 18.84.120 and 1991 c 222 s 4 are each amended to read as follows:

    The secretary may issue a registration to an applicant who submits, on forms provided by the department, the applicant's name, the address, occupational title, name and location of business where applicant performs his or her services, and other information as determined by the secretary, including information necessary to determine whether there are grounds for denial of registration under this chapter or chapter 18.130 RCW.  Each applicant shall pay a fee as determined by the secretary as provided in RCW 43.70.250 and 43.70.280.  The secretary shall establish ((by rule)) the ((procedural)) administrative procedures, administrative requirements, and fees for registration and for renewal of registrations as provided in RCW 43.70.250 and 43.70.280.

    Sec. 74.  RCW 18.88A.120 and 1991 c 16 s 14 are each amended to read as follows:

    Applications for registration and certification shall be submitted on forms provided by the secretary.  The secretary may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria for registration and certification credentialing provided for in this chapter and chapter ((18.120)) 18.130 RCW.  Each applicant shall ((pay a fee determined by the secretary under RCW 43.70.250.  The fee shall accompany the application)) comply with administrative procedures, administrative requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280.

    Sec. 75.  RCW 18.88A.130 and 1994 sp.s. c 9 s 715 are each amended to read as follows:

    ((The secretary shall establish by rule the procedural requirements and fees for renewal of a registration or certificate.  Failure to renew shall invalidate the credential and all privileges granted by the credential.  If a certificate has lapsed for a period longer than three years, the person shall demonstrate competence to the satisfaction of the commission by taking continuing education courses, or meeting other standards determined by the commission)) Registrations and certifications shall be renewed according to administrative procedures, administrative requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280.

    Sec. 76.  RCW 18.89.110 and 1991 c 3 s 234 are each amended to read as follows:

    (1) The date and location of the examination shall be established by the secretary.  Applicants who have been found by the secretary to meet the other requirements for certification shall be scheduled for the next examination following the filing of the application.  However, the applicant shall not be scheduled for any examination taking place sooner than sixty days after the application is filed.

    (2) The secretary shall examine each applicant, by means determined most effective, on subjects appropriate to the scope of practice.  Such examinations shall be limited to the purpose of determining whether the applicant possesses the minimum skill and knowledge necessary to practice competently, and shall meet generally accepted standards of fairness and validity for certification examinations.

    (3) All examinations shall be conducted by the secretary, and all grading of the examinations shall be under fair and wholly impartial methods.

    (4) Any applicant who fails to make the required grade in the first examination is entitled to take up to three subsequent examinations, upon ((the prepayment of a fee determined by the secretary as provided in RCW 43.70.250 for each subsequent examination.  Upon failure of four examinations, the secretary may invalidate the original application)) compliance with administrative procedures, administrative requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280 and ((require)) such remedial education as is deemed necessary.

    (5) The secretary may approve an examination prepared and administered by a private testing agency or association of credentialing boards for use by an applicant in meeting the certification requirement.

    Sec. 77.  RCW 18.89.120 and 1991 c 3 s 235 are each amended to read as follows:

    Applications for certification shall be submitted on forms provided by the secretary.  The secretary may require any information and documentation which reasonably relates to the need to determine whether the applicant meets the criteria for certification provided in this chapter and chapter 18.130 RCW.  All ((applications)) applicants shall ((be accompanied by a fee)) comply with administrative procedures, administrative requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280.

    Sec. 78.  RCW 18.89.140 and 1991 c 3 s 237 are each amended to read as follows:

    ((The secretary shall establish by rule the requirements and fees for renewal of certificates.  Failure to renew shall invalidate the certificate and all privileges granted by the certificate.  In the event a certificate has lapsed for a period longer than three years, the certified respiratory care practitioner shall demonstrate competence to the satisfaction of the secretary by continuing education or under the other standards determined by the secretary)) Certificates shall be renewed according to administrative procedures, administrative requirements , and fees determined by the secretary under RCW 43.70.250 and 43.70.280.

    Sec. 79.  RCW 18.92.140 and 1993 c 78 s 6 are each amended to read as follows:

    Each person now qualified to practice veterinary medicine, surgery, and dentistry, registered as an animal technician, or registered as a veterinary medication clerk in this state or who becomes licensed or registered to engage in practice shall ((register with the secretary of health annually or on the date prescribed by the secretary and pay the renewal registration fee set by the secretary as provided in RCW 43.70.250.  A person who fails to renew a license or certificate before its expiration is subject to a late renewal fee equal to one-third of the regular renewal fee set by the secretary)) comply with administrative procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280.

    Sec. 80.  RCW 18.92.145 and 1993 c 78 s 7 are each amended to read as follows:

    ((The secretary shall determine the)) Administrative procedures, administrative requirements, and fees((,)) shall be established as provided in RCW 43.70.250((,)) and 43.70.280 for the issuance, renewal, or administration of the following licenses, certificates of registration, permits, duplicate licenses, renewals, or examination:

    (1) For a license to practice veterinary medicine, surgery, and dentistry issued upon an examination given by the examining board;

    (2) For a license to practice veterinary medicine, surgery, and dentistry issued upon the basis of a license issued in another state;

    (3) For a certificate of registration as an animal technician;

    (4) For a certificate of registration as a veterinary medication clerk;

    (5) For a temporary permit to practice veterinary medicine, surgery, and dentistry.  The temporary permit fee shall be accompanied by the full amount of the examination fee; and

    (6) For a license to practice specialized veterinary medicine.

    Sec. 81.  RCW 18.108.060 and 1991 c 3 s 256 are each amended to read as follows:

    ((All licenses issued under the provisions of this chapter, unless otherwise provided shall expire on the annual anniversary date of the individual's date of birth.

    The secretary shall prorate the licensing fee for massage practitioner based on one-twelfth of the annual license fee for each full calendar month between the issue date and the next anniversary of the applicant's birth date, a date used as the expiration date of such license.

    Every applicant for a license shall pay an examination fee determined by the secretary as provided in RCW 43.70.250, which fee shall accompany their application.  Applications for licensure shall be submitted on forms provided by the secretary.

    Applicants granted a license under this chapter shall pay to the secretary a license fee determined by the secretary as provided in RCW 43.70.250, prior to the issuance of their license, and an annual renewal fee determined by the secretary as provided in RCW 43.70.250.  Failure to renew shall invalidate the license and all privileges granted to the licensee, but such license may be reinstated upon written application to the secretary and payment to the state of all delinquent fees and penalties as determined by the secretary.  In the event a license has lapsed for a period longer than three years, the licensee shall demonstrate competence to the satisfaction of the secretary by proof of continuing education or other standard determined by the secretary with the advice of the board)) Each applicant and license holder shall comply with administrative procedures, administrative requirements, and fees set by the secretary under RCW 43.70.250 and 43.70.280.

    Sec. 82.  RCW 18.135.050 and 1991 c 3 s 274 are each amended to read as follows:

    (1) Any health care facility may certify a health care assistant to perform the functions authorized in this chapter in that health care facility; and any health care practitioner may certify a health care assistant capable of performing such services in any health care facility, or in his or her office, under a health care practitioner's supervision.  Before certifying the health care assistant, the health care facility or health care practitioner shall verify that the health care assistant has met the minimum requirements established by the secretary under this chapter.  These requirements shall not prevent the certifying entity from imposing such additional standards as the certifying entity considers appropriate.  The health care facility or health care practitioner shall provide the licensing authority with a certified roster of health care assistants who are certified.

    (2) Certification and recertification of a health care assistant shall be effective for a period ((of two years.  Recertification is required at the end of this period)) determined by the secretary under RCW 43.70.250 and 43.70.280.  Requirements for recertification shall be ((established by rule)) determined by the secretary under RCW 43.70.250 and 43.70.280.

    Sec. 83.  RCW 18.135.055 and 1991 c 3 s 275 are each amended to read as follows:

    The health care facility or health care practitioner registering an initial or continuing certification pursuant to the provisions of this chapter shall ((pay a)) comply with administrative procedures, administrative requirements, and fees determined by the secretary as provided in RCW 43.70.250 and 43.70.280.

    All fees collected under this section shall be credited to the health professions account as required in RCW 43.70.320.

    Sec. 84.  RCW 18.138.040 and 1991 c 3 s 281 are each amended to read as follows:

    (1) If the applicant meets the qualifications as outlined in RCW 18.138.030(2), the secretary shall confer on such candidates the title certified dietitian.

    (2) If the applicant meets the qualifications as outlined in RCW 18.138.030(4), the secretary shall confer on such candidates the title certified nutritionist.

    (3) ((The application fee in an amount determined by the secretary shall accompany the application)) Applicants for certification as a certified dietitian or certified nutritionist shall comply with administrative procedures, administrative requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280.

    Sec. 85.  RCW 18.138.060 and 1991 c 3 s 283 are each amended to read as follows:

    (1) Every person certified as a certified dietitian or certified nutritionist shall ((pay a renewal registration fee determined by the secretary as provided in RCW 43.70.250.  The certificate of the person shall be renewed for a period of one year or longer at the discretion of the secretary)) renew the certification according to administrative procedures, administrative requirements, and fees determined by the secretary as provided in RCW 43.70.250 and 43.70.280.

    (2) ((Any failure to register and pay the annual renewal registration fee shall render the certificate invalid.  The certificate shall be reinstated upon:  (a) Written application to the secretary; (b) payment to the state of a penalty fee determined by the secretary; and (c) payment to the state of all delinquent annual certificate renewal fees.

    (3) Any person who fails to renew his or her certification for a period of three years shall not be entitled to renew such certification under this section.  Such person, in order to obtain a certification as a certified dietitian or certified nutritionist in this state, shall file a new application under this chapter, along with the required fee, and shall meet all requirements as the secretary provides.

    (4))) All fees collected under this section shall be credited to the health professions account as required.

    Sec. 86.  RCW 18.155.040 and 1990 c 3 s 804 are each amended to read as follows:

    In addition to any other authority provided by law, the secretary shall have the following authority:

    (1) To set ((all)) administrative procedures, administrative requirements, and fees ((required in this chapter)) in accordance with RCW 43.70.250 and 43.70.280;

    (2) To establish forms necessary to administer this chapter;

    (3) To issue a certificate to any applicant who has met the education, training, and examination requirements for certification and deny a certificate to applicants who do not meet the minimum qualifications for certification.  Proceedings concerning the denial of certificates based on unprofessional conduct or impaired practice shall be governed by the uniform disciplinary act, chapter 18.130 RCW;

    (4) To hire clerical, administrative, and investigative staff as needed to implement and administer this chapter and to hire individuals including those certified under this chapter to serve as examiners or consultants as necessary to implement and administer this chapter;

    (5) To maintain the official department record of all applicants and certifications;

    (6) To conduct a hearing on an appeal of a denial of a certificate on the applicant's failure to meet the minimum qualifications for certification.  The hearing shall be conducted pursuant to chapter 34.05 RCW;

    (7) To issue subpoenas, statements of charges, statements of intent to deny certificates, and orders and to delegate in writing to a designee the authority to issue subpoenas, statements of charges, and statements of intent to deny certificates;

    (8) To determine the minimum education, work experience, and training requirements for certification, including but not limited to approval of educational programs;

    (9) To prepare and administer or approve the preparation and administration of examinations for certification;

    (10) To establish by rule the procedure for appeal of an examination failure;

    (11) To adopt rules implementing a continuing competency program;

    (12) To adopt rules in accordance with chapter 34.05 RCW as necessary to implement this chapter.

    Sec. 87.  RCW 18.155.080 and 1990 c 3 s 808 are each amended to read as follows:

    The secretary shall establish ((by rule)) standards and procedures for approval of the following:

    (1) Educational programs and alternate training;

    (2) Examination procedures;

    (3) Certifying applicants who have a comparable certification in another jurisdiction;

    (4) Application method and forms;

    (5) Requirements for renewals of certificates;

    (6) Requirements of certified sex offender treatment providers who seek inactive status;

    (7) Other rules, policies, administrative procedures, and administrative requirements as appropriate to carry out the purposes of this chapter.

    Sec. 88.  RCW 42.17.310 and 1995 c 267 s 6 are each amended to read as follows:

    (1) The following are exempt from public inspection and copying:

    (a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.

    (b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.

    (c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 82.32.330 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.

    (d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.

    (e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property.  If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern.  However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.

    (f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.

    (g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.

    (h) Valuable formulae, designs, drawings, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.

    (i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.

    (j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.

    (k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.

    (l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.

    (m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.

    (n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.

    (o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW.

    (p) Financial disclosures filed by private vocational schools under chapter 28C.10 RCW.

    (q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.

    (r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.

    (s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.

    (t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.

    (u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.

    (v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers.

    (w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number.  On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.140 maintained in the files of the department shall automatically be withheld from public inspection and copying ((if the provider has provided the department with an accurate alternative or business address and telephone number)) unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).

    (x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.

    (y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.

    (z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.

    (aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.

    (bb) Financial and valuable trade information under RCW 51.36.120.

    (cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.

    (dd) Information that identifies a person who, while an agency employee:  (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.

    (ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.

    (ff) Business related information protected from public inspection and copying under RCW 15.86.110.

    (gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.

    (hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510, regardless of which agency is in possession of the information and documents.

    (2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought.  No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.

    (3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.

    (4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.

NEW SECTION. Sec. 89.  A new section is added to chapter 43.70 RCW to read as follows:

    The legislature finds that domestic violence is the leading cause of injury among women and is linked to numerous health problems, including depression, abuse of alcohol and other drugs, and suicide.  Despite the frequency of medical attention, few people are diagnosed as victims of spousal abuse.  The department, in consultation with the disciplinary authorities as defined in RCW 18.130.040, shall establish, within available department general funds, an ongoing domestic violence education program as an integral part of its health professions regulation.  The purpose of the education program is to raise awareness and educate health care professionals regarding the identification, appropriate treatment, and appropriate referral of victims of domestic violence.  The disciplinary authorities having the authority to offer continuing education may provide training in the dynamics of domestic violence.  No funds from the health professions account may be utilized to fund activities under this section unless the disciplinary authority authorizes expenditures from its proportions of the account.  A disciplinary authority may defray costs by authorizing a fee to be charged for participants or materials relating to any sponsored program.

NEW SECTION. Sec. 90.  The following acts or parts of acts are each repealed:

(1) RCW 18.30.110 and 1995 c 198 s 22 & 1995 c 1 s 12 (Initiative Measure No. 607);

(2) RCW 18.32.120 and 1994 sp.s. c 9 s 214, 1991 c 3 s 64, 1989 c 202 s 20, 1985 c 7 s 24, 1975 1st ex.s. c 30 s 28, 1969 c 49 s 2, 1957 c 52 s 30, & 1953 c 93 s 5;

(3) RCW 18.53.055 and 1955 c 275 s 2;

(4) RCW 18.64A.065 and 1991 c 229 s 10;

(5) RCW 18.79.220 and 1994 sp.s. c 9 s 422; and

(6) RCW 18.83.100 and 1994 c 35 s 3, 1986 c 27 s 5, 1965 c 70 s 10, & 1955 c 305 s 10.

NEW SECTION. Sec. 91.  By December 31, 1997, the secretary shall report to the appropriate standing committees of the legislature on the implementation of this act and, after consulting with board and commission members and representatives of health professional associations, shall make recommendations about the extent authority to establish administrative procedures and administrative requirements should continue to be vested with the secretary."

SHB 2151 - S COMM AMD

By Committee on Health & Long-Term Care

                                                   ADOPTED 2/28/96

    On page 1, line 2 of the title, after "professionals;" strike the remainder of the title and insert "amending RCW 43.70.250, 43.70.280, 18.06.120, 18.19.070, 18.19.100, 18.19.170, 18.22.120, 18.25.020, 18.25.070, 18.29.021, 18.29.071, 18.30.120, 18.30.130, 18.32.110, 18.32.170, 18.32.180, 18.32.220, 18.34.120, 18.35.060, 18.35.080, 18.35.090, 18.36A.130, 18.36A.140, 18.50.050, 18.50.102, 18.52.110, 18.52.130, 18.52C.030, 18.53.050, 18.53.070, 18.55.030, 18.55.040, 18.55.050, 18.57.035, 18.57.045, 18.57.050, 18.57.080, 18.57A.020, 18.71A.040, 18.59.110, 18.64.040, 18.64.043, 18.64.045, 18.64.046, 18.64.047, 18.64.140, 18.64.205, 18.64.310, 18.64A.030, 18.64A.060, 18.71.080, 18.71.085, 18.71.095, 18.71.205, 18.71.400, 18.71A.020, 18.71A.040, 18.74.050, 18.74.060, 18.74.070, 18.79.200, 18.79.210, 18.83.060, 18.83.072, 18.83.080, 18.83.082, 18.83.090, 18.83.105, 18.83.170, 18.84.100, 18.84.110, 18.84.120, 18.88A.120, 18.88A.130, 18.89.110, 18.89.120, 18.89.140, 18.92.140, 18.92.145, 18.108.060, 18.135.050, 18.135.055, 18.138.040, 18.138.060, 18.155.040, 18.155.080, and 42.17.310; reenacting and amending RCW 18.57.130; adding a new section to chapter 43.70 RCW; creating a new section; and repealing RCW 18.30.110, 18.32.120, 18.53.055, 18.64A.065, 18.79.220, and 18.83.100."

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