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.The text of the following section has been vetoed by the
Governor. It is noted in bold italic.
*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. 4
was vetoed. See message at end of chapter.The text of the following section has been vetoed by
the Governor. It is noted in bold italic.
*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. 5
was vetoed. See message at end of chapter.The text of the following section has been vetoed by
the Governor. It is noted in bold italic.
*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.
*Sec. 6
was vetoed. See message at end of chapter.
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.
