_______________________________________________
SENATE
BILL 6138
_______________________________________________
AS AMENDED BY
THE HOUSE
Passed Legislature -
1996 Regular Session
State of Washington 54th
Legislature 1996 Regular Session
By
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.
Passed
the Senate March 2, 1996.
Passed
the House February 27, 1996.
Approved by the Governor March 25, 1996.
Filed in
Office of Secretary of State March 25, 1996.
