S-3717.2          _______________________________________________

                                 SENATE BILL 6138

                  _______________________________________________

State of Washington              54th Legislature             1996 Regular Session

By Senator Kohl

Read first time 01/08/96.  Referred to Committee on Health & Long‑Term Care.

Deleting mandatory permissive language for reinstatement of revoked massage practitioner licenses.

     AN ACT Relating to license revocation of massage practitioners; and amending RCW 18.108.085.

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

     Sec. 1.  RCW 18.108.085 and 1995 c 353 s 2 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 RCW 43.63A.720 through 43.63A.740, 9.68A.105, and 9A.88.120)), the license shall be reinstated, unless grounds for disciplinary action have been found ((pursuant to)) under chapter 18.130 RCW.  Unless an applicant demonstrates that he or she has completed a prostitution prevention and intervention program under RCW 43.63A.720 through 43.63A.740, 9.68A.105, and 9A.88.120, 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.

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