AN ACT
Relating to massage practitioners; amending RCW 18.108.040, 18.108.085,
35.21.692, 35A.82.025, and 36.32.122; adding a new section to chapter 18.130
RCW; adding new sections to chapter 43.63A RCW; adding a new section to chapter
9.68A RCW; adding a new section to chapter 9A.88 RCW; prescribing penalties;
and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
18.108.040 and 1991 c 3 s 255 are each amended to read as follows:
It
shall be unlawful to advertise the practice of massage using the term massage
or any other term that implies a massage technique or method in any public or
private publication or communication by a person not licensed by the secretary
as a massage practitioner or without printing in display advertisement the
license number of the massage practitioner. Any person who holds a license
to practice as a massage practitioner in this state may use the title
"licensed massage practitioner" and the abbreviation
"L.M.P.". No other persons may assume such title or use such
abbreviation or any other word, letters, signs, or figures to indicate that the
person using the title is a licensed massage practitioner.
Sec.
2. RCW
18.108.085 and 1991 c 3 s 259 are each amended to read as follows:
(1) In
addition to any other authority provided by law, the secretary may:
(a)
Adopt rules, in accordance with chapter 34.05 RCW necessary to implement this
chapter;
(b)
Set all license, examination, and renewal fees in accordance with RCW
43.70.250;
(c)
Establish forms and procedures necessary to administer this chapter;
(d)
Issue a license to any applicant who has met the education, training, and
examination requirements for licensure; and
(e)
Hire clerical, administrative, and investigative staff as necessary to
implement this chapter, and hire individuals licensed under this chapter to
serve as examiners for any practical examinations.
(2)
The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and
denial of licenses and the disciplining of persons under this chapter. The
secretary shall be the disciplining authority under this chapter.
(3) Any
license issued under this chapter to a person who is or has been convicted of
violating RCW 9A.88.030, 9A.88.070, 9A.88.080, or 9A.88.090 or equivalent local
ordinances shall automatically be revoked by the secretary upon receipt of a
certified copy of the court documents reflecting such conviction. No further
hearing or procedure is required, and the secretary has no discretion with
regard to the revocation of the license. The revocation shall be effective
even though such conviction may be under appeal, or the time period for such
appeal has not elapsed. However, upon presentation of a final appellate
decision overturning such conviction or upon completion of a prostitution
prevention and intervention program under sections 7 through 15 of this act,
the license shall be reinstated, unless grounds for disciplinary action have
been found pursuant to chapter 18.130 RCW. Unless an applicant demonstrates
that he or she has completed a prostitution prevention and intervention program
under sections 7 through 15 of this act, no license may be granted under this
chapter to any person who has been convicted of violating RCW 9A.88.030,
9A.88.070, 9A.88.080, or 9A.88.090 or equivalent local ordinances within the
eight years immediately preceding the date of application. For purposes of
this subsection, "convicted" does not include a conviction that has
been the subject of a pardon, annulment, or other equivalent procedure based on
a finding of innocence, but does include convictions for offenses for which the
defendant received a deferred or suspended sentence, unless the record has been
expunged according to law.
(4)
The secretary shall keep an official record of all proceedings under this
chapter, a part of which record shall consist of a register of all applicants
for licensure under this chapter, with the result of each application.
NEW
SECTION. Sec. 3. A new
section is added to chapter 18.130 RCW to read as follows:
RCW
18.108.085 shall govern the issuance and revocation of licenses issued or
applied for under chapter 18.108 RCW to or by persons convicted of violating
RCW 9A.88.030, 9A.88.070, 9A.88.080, or 9A.88.090 or equivalent local
ordinances.
Sec.
4. RCW
35.21.692 and 1991 c 182 s 1 are each amended to read as follows:
(1) A
state licensed massage practitioner seeking a city or town license to operate a
massage business must provide verification of his or her state massage license
as provided for in RCW 18.108.030.
(2)
The city or town may charge a licensing or operating fee, but the fee charged a
state licensed massage practitioner shall not exceed the licensing or operating
fee imposed on ((similar health care providers, such as physical therapists
or occupational therapists,)) other licensees operating within the
same city or town and such fees shall be reasonable and shall not exceed the
costs of the processing and administration of the licensing procedure.
(3) A
state licensed massage practitioner ((is not)) may be subject to
additional licensing requirements ((not currently imposed on similar health
care providers, such as physical therapists or occupational therapists)) under
RCW 18.108.100.
Sec.
5. RCW
35A.82.025 and 1991 c 182 s 2 are each amended to read as follows:
(1) A
state licensed massage practitioner seeking a city license to operate a massage
business must provide verification of his or her state massage license as
provided for in RCW 18.108.030.
(2)
The city may charge a licensing or operating fee, but the fee charged a state
licensed massage practitioner shall not exceed the licensing or operating fee
imposed on ((similar health care providers, such as physical therapists or
occupational therapists,)) other licensees operating within the same
city and such fees shall be reasonable and shall not exceed the costs of the
processing and administration of the licensing procedure.
(3) A
state licensed massage practitioner ((is not)) may be subject to
additional licensing requirements ((not currently imposed on similar health
care providers, such as physical therapists or occupational therapists)) under
RCW 18.108.100.
Sec.
6. RCW
36.32.122 and 1991 c 182 s 3 are each amended to read as follows:
(1) A
state licensed massage practitioner seeking a county license to operate a
massage business must provide verification of his or her state massage license
as provided for in RCW 18.108.030.
(2)
The county may charge a licensing or operating fee, but the fee charged a state
licensed massage practitioner shall not exceed the licensing or operating fee
imposed on ((similar health care providers, such as physical therapists or
occupational therapists,)) other licensees operating within the same
county and such fees shall be reasonable and shall not exceed the costs of
the processing and administration of the licensing procedure.
(3) A
state licensed massage practitioner ((is not)) may be subject to
additional licensing requirements ((not currently imposed on similar health
care providers, such as physical therapists or occupational therapists)) under
RCW 18.108.100.
NEW
SECTION. Sec. 7. A new
section is added to chapter 43.63A RCW to read as follows:
There
is established in the department of community, trade, and economic development
a grant program to enhance funding for prostitution prevention and intervention
services. Activities that can be funded through this grant program shall
provide effective prostitution prevention and intervention services, such as
counseling, parenting, housing relief, education, and vocational training,
that:
(1)
Comprehensively address the problems of persons who are prostitutes; and
(2)
Enhance the ability of persons to leave or avoid prostitution.
NEW
SECTION. Sec. 8. A new
section is added to chapter 43.63A RCW to read as follows:
(1)
Applications for funding under this chapter must:
(a)
Meet the criteria in section 7 of this act; and
(b)
Contain evidence of active participation of the community and its commitment to
providing effective prevention and intervention services for prostitutes
through the participation of local governments, tribal governments, networks
under chapter 70.190 RCW, human service and health organizations, and treatment
entities and through meaningful involvement of others, including citizen
groups.
(2)
Local governments, networks under chapter 70.190 RCW, nonprofit community
groups, and nonprofit treatment providers including organizations that provide
services, such as emergency housing, counseling, and crisis intervention shall,
among others, be eligible for grants established under section 7 of this act.
NEW
SECTION. Sec. 9. A new
section is added to chapter 43.63A RCW to read as follows:
At a
minimum, grant applications must include the following:
(1)
The proposed geographic service area;
(2) A
description of the extent and effect of the needs for prostitution prevention
and intervention within the relevant geographic area;
(3) An
explanation of how the funds will be used, their relationship to existing
services available within the community, and the need that they will fulfill;
(4) An
explanation of what organizations were involved in the development of the
proposal; and
(5)
The methods that will be employed to measure the success of the program.
NEW
SECTION. Sec. 10. A new
section is added to chapter 43.63A RCW to read as follows:
(1)
Subject to funds appropriated by the legislature, including funds in the
prostitution prevention and intervention account, the department of community,
trade, and economic development shall make awards under the grant program
established by section 7 of this act.
(2)
Awards shall be made competitively based on the purposes of and criteria in
sections 7 through 9 of this act.
(3)
Activities funded under this section may be considered for funding in future
years, but shall be considered under the same terms and criteria as new
activities. Funding of a program or activity under this chapter shall not
constitute an obligation by the state of Washington to provide ongoing funding.
(4)
The department of community, trade, and economic development may receive such
gifts, grants, and endowments from public or private sources as may be made
from time to time, in trust or otherwise, for the use and benefit of the
purposes of the grant program established under section 7 of this act and
expend the same or any income from these sources according to the terms of the
gifts, grants, or endowments.
(5)
The department of community, trade, and economic development may expend up to
five percent of the funds appropriated for the grant program for administrative
costs and grant supervision.
NEW
SECTION. Sec. 11. A new
section is added to chapter 43.63A RCW to read as follows:
The
prostitution prevention and intervention account is created in the state
treasury. All designated receipts from fees under sections 12 and 13 of this
act shall be deposited into the account. Expenditures from the account may be
used only for funding the grant program to enhance prostitution prevention and
intervention services under section 7 of this act.
NEW
SECTION. Sec. 12. A new
section is added to chapter 9.68A RCW to read as follows:
(1)(a)
In addition to penalties set forth in RCW 9.68A.100, a person who is either
convicted or given a deferred sentence or a deferred prosecution as a result of
an arrest for violating RCW 9.68A.100 or a comparable county or municipal
ordinance shall be assessed a two hundred fifty dollar fee.
(b)
The court may not suspend payment of all or part of the fee unless it finds
that the person does not have the ability to pay.
(c)
When a minor has been adjudicated a juvenile offender for an offense which, if
committed by an adult, would constitute a violation of RCW 9.68A.100 or a
comparable county or municipal ordinance, the court shall assess the fee under
(a) of this subsection. The court may not suspend payment of all or part of
the fee unless it finds that the minor does not have the ability to pay the
fee.
(2)
The fee assessed under subsection (1) of this section shall be collected by the
clerk of the court and distributed each month to the state treasurer for
deposit in the prostitution prevention and intervention account under section
11 of this act for the purpose of funding prostitution prevention and
intervention activities.
NEW
SECTION. Sec. 13. A new
section is added to chapter 9A.88 RCW to read as follows:
(1)(a)
In addition to penalties set forth in RCW 9A.88.010, 9A.88.030, and 9A.88.090,
a person who is either convicted or given a deferred sentence or a deferred
prosecution as a result of an arrest for violating RCW 9A.88.010, 9A.88.030,
9A.88.090, or comparable county or municipal ordinances shall be assessed a
fifty dollar fee.
(b) In
addition to penalties set forth in RCW 9A.88.110, a person who is either
convicted or given a deferred sentence or a deferred prosecution as a result of
an arrest for violating RCW 9A.88.110 or a comparable county or municipal
ordinance shall be assessed a one hundred fifty dollar fee.
(c) In
addition to penalties set forth in RCW 9A.88.070 and 9A.88.080, a person who is
either convicted or given a deferred sentence or a deferred prosecution as a
result of an arrest for violating RCW 9A.88.070, 9A.88.080, or comparable
county or municipal ordinances shall be assessed a three hundred dollar fee.
(2)
The court may not suspend payment of all or part of the fee unless it finds
that the person does not have the ability to pay.
(3)
When a minor has been adjudicated a juvenile offender for an offense which, if
committed by an adult, would constitute a violation under this chapter or
comparable county or municipal ordinances, the court shall assess the fee as
specified under subsection (1) of this section. The court may not suspend
payment of all or part of the fee unless it finds that the minor does not have
the ability to pay the fee.
(4)
Any fee assessed under this section shall be collected by the clerk of the
court and distributed each month to the state treasurer for deposit in the
prostitution prevention and intervention account under section 11 of this act
for the purpose of funding prostitution prevention and intervention activities.
NEW SECTION. Sec. 14. The
amendments to RCW 35.21.692, 35A.82.025, and 36.32.122 contained in sections 4
through 6 of this act shall expire July 1, 1997.
