BP BHEAD INT S [atlas:bill]

AN ACT Relating to protecting children and vulnerable adults by using background checks; amending RCW 28A.400.303, 28A.400.320, 28A.400.330, 28A.410.090, 28A.410.110, 28A.405.470, 28A.195.010, 9.96A.020, and 41.06.150; reenacting and amending RCW 18.130.040; adding new sections to chapter 28A.400 RCW; adding new sections to chapter 28A.410 RCW; adding a new section to chapter 2.04 RCW; adding a new section to chapter 2.06 RCW; adding a new chapter to Title 70 RCW; creating new sections; repealing RCW 41.06.475, 43.43.815, 43.43.832, 43.43.834, 43.43.838, and 43.43.842; prescribing penalties; and providing an effective date.

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

NEW SECTION. Sec. 1. FINDINGS--INTENT--PURPOSE. The legislature finds that conducting background checks on individuals who work in sensitive positions serves an important role in helping businesses and organizations protect children, vulnerable adults, and financial assets. The legislature also finds that background checks often reveal information about individuals that, if used, disclosed, or disseminated improperly, could cause significant harm to the individuals who are the subject of the background checks. The legislature intends to improve access to important background check information while safeguarding the privacy of individuals who may be the subject of background checks.

The primary purposes of this act are to: (1) Increase the safety of children and vulnerable adults who receive services paid for wholly or partially by the state, who receive supervision, care, and treatment by individuals who are regulated by the state, and who receive supervision, care, and treatment by individuals who are not otherwise regulated by the state; (2) provide a coherent, consistent application of laws and policies regarding the gathering, use, and dissemination of background check information for noncriminal justice purposes; (3) reduce the backlog in entering criminal history record information into the Washington state patrol's data base; (4) decrease delay and duplication in the processing and dissemination of background check requests made by businesses and organizations from the Washington state patrol; and (5) create improved electronic technologies to enhance the services of the Washington state patrol and promote more efficient processing of background check requests by government, businesses, and organizations.

NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this section apply throughout this chapter, unless the context clearly requires otherwise.

(1) "Background check" means an investigation into an individual's background for the purposes of determining the individual's suitability for involvement with a business or organization. A background check may include, but is not limited to, an investigation of state and national conviction records, civil adjudications and court orders, and administrative decisions.

(2) "Business or organization" means any person, entity, or government agency seeking to hire, or engage as a volunteer, any individual who may have unsupervised access to children or vulnerable adults, or who may have access to information affecting national security, trade secrets, confidential or proprietary business information, money, or items of value. "Business or organization" also includes any individual or entity to which a business or organization delegates its authority to request or receive information under this chapter.

(3) "Certified copy of a background check record" means a certified document issued by the state patrol to an individual upon his or her request under section 22 of this act identifying the individual's: (a) Conviction record; (b) adverse dependency adjudications; (c) adverse disciplinary board final decisions; and (d) protection orders; or the lack of any such records.

(4) "Child" or "children" means an individual or individuals under the age of sixteen.

(5) "Conviction record" has the same meaning as in RCW 10.97.030 except that the following are not considered conviction records for the purposes of this act: (a) Convictions that have been dismissed, expunged, reversed, or vacated as the result of a final determination by a court of competent jurisdiction; and (b) records of criminal proceedings that have been sealed by an order of a court of competent jurisdiction.

(6) "Credentialing authority" means a state agency, board, disciplining authority, or body authorized to grant, deny, suspend, or revoke a state credential.

(7) "Department" means the department of social and health services.

(8) "Dependency adjudication" means a final adjudication in a dependency action under chapter 13.34 RCW that includes a finding of physical or sexual abuse, neglect, or exploitation of a child.

(9) "Disciplinary board final decisions" means final decisions issued by the secretary of the department of health, a disciplining authority under chapter 18.130 RCW, or the director of the department of licensing.

(10) "Disciplining authority" has the same meaning as in RCW 18.130.020.

(11) "FBI" means the federal bureau of investigation.

(12) "Individual" means any natural person.

(13) "Involvement" or "involved with" means working for a business or organization for compensation, consideration, or as a volunteer. Individuals involved with a business or organization may include, but are not limited to employees, contractors, trainees, student interns, and volunteers.

(14) "Lawful service" means an entity licensed to do business in this state or any other jurisdiction.

(15) "May have unsupervised access" means unsupervised access that will or may occur as part of an individual's regularly scheduled activities or work duties or that will or may occur as a likely consequence of the work environment.

(16) "Nonprofit business or organization" means a nongovernmental business or organization that operates for any lawful purpose where no part of its income is distributable to its owners, members, directors, or officers.

(17) "Protection orders" means court orders, other than ex parte or temporary orders, issued for the purpose of protecting someone from contact, harassment, or domestic violence. Protection orders include criminal antiharassment orders issued under chapter 9A.46 RCW; civil antiharassment protection orders issued under chapter 10.14 RCW; domestic violence no contact orders issued under chapter 10.99 RCW; dissolution decree restraining orders issued under chapter 26.09 RCW; nonparental custody action restraining orders issued under chapter 26.10 RCW; uniform parenting act restraining orders issued under chapter 26.26 RCW; domestic violence protection orders issued under chapter 26.50 RCW; and orders for protection of vulnerable adults issued under chapter 74.34 RCW.

(18) "Secretary" means the secretary of the department.

(19) "Serious violent offense" has the same meaning as in RCW 9.94A.030.

(20) "Sex offense" has the same meaning as in RCW 9.94A.030.

(21) "State credential" means a license, permit, certificate, or registration issued to a health professional under chapter 18.130 RCW or to a teacher under chapter 28A.410 RCW. An "initial state credential" means the first credential obtained by an individual and does not include an expansion, renewal, continuation, or reinstatement of the credential.

(22) "State patrol" means the Washington state patrol.

(23) "Unsupervised access" means access, for more than a nominal period of time, outside the presence of: (a) Another person who has cleared a background check; or (b) any relative or guardian of the child or vulnerable adult to which the individual may have unsupervised access. For the purposes of this subsection, a person has "cleared a background check" when the business or organization, using the results of its background check investigation, determines the individual is suitable to have unsupervised access to children or vulnerable adults.

(24) "Violent offense" has the same meaning as in RCW 9.94A.030.

(25) "Volunteer" means a person who: (a) Performs any assigned or authorized duty for the state, its political subdivisions, any federally recognized Indian tribe, the federal government, or a business or organization; (b) receives no wages; and (c) may be voluntarily granted maintenance and reimbursement for actual expenses incurred in the performance of his or her duties.

(26) "Vulnerable adult" means an individual over the age of sixteen who lacks the functional, mental, or physical ability to care for himself or herself, including persons found incapacitated under chapter 11.88 RCW; individuals with developmental disabilities as defined in chapter 71A.10 RCW; individuals admitted to any long-term care facility that is licensed or required to be licensed under chapter 18.20, 18.51, 72.36, or 70.128 RCW; and individuals receiving services from home health, hospice, or home care agencies licensed or required to be licensed under chapter 70.127 RCW.

NEW SECTION. Sec. 3. SOURCES OF BACKGROUND CHECK INFORMATION. A business or organization may obtain conviction records and background check information from any lawful source, except that government agencies must obtain conviction records from the state patrol. A business or organization may delegate to another individual or entity its authority to request or receive information under this chapter.

NEW SECTION. Sec. 4. LIMITATION ON STATE LIABILITY. If any information is released under this chapter by the state of Washington, the state and its employees: (1) Make no representation that the subject of the inquiry has no criminal record or adverse civil or administrative decisions; (2) make no determination that the subject of the inquiry is suitable for involvement with a business or organization; and (3) are not liable for defamation, invasion of privacy, negligence, or any other claim in connection with any lawful dissemination of information.

NEW SECTION. Sec. 5. DISQUALIFICATION FROM STATE EMPLOYMENT. (1) This section applies to individuals who were not employed by the state on or before the effective date of this section. This section also applies to individuals who are employed by the state and, after the effective date of this section, seek a change in positions to one where they may have unsupervised access to children or vulnerable adults.

(2) An individual is permanently disqualified from employment by the state for any position where the individual may have unsupervised access to children or vulnerable adults if the individual has a conviction record for any of the following criminal offenses:

(a) A serious violent offense;

(b) A sex offense; or

(c) Any felony offense, or its federal or out of state equivalent, involving: (i) Sexual exploitation of a child under chapter 9.68A RCW; (ii) criminal mistreatment of a child or dependent person under chapter 9A.42 RCW; or (iii) the sale or purchase of a child under RCW 9A.64.030.

(3) An individual is disqualified from employment by the state for any position where the individual may have unsupervised access to children or vulnerable adults for a period of at least ten years from the date of conviction or release from confinement, whichever is longer, if the individual has a conviction record for any of the following criminal offenses:

(a) A violent offense;

(b) A sex-related offense under chapter 9.68, 9A.44, or 9A.88 RCW that does not constitute a sex offense under RCW 9.94A.030;

(c) A felony offense constituting: (i) Custodial interference under chapter 9A.40 RCW; (ii) malicious harassment under chapter 9A.36 RCW; (iii) residential burglary under chapter 9A.52 RCW; (iv) theft 1 or 2 under chapter 9A.56 RCW; (v) fraud under chapter 9A.60 RCW; or (vi) unlawful issuance of checks or drafts under chapter 9A.56 RCW; or

(d) Any federal or out-of-state offense equivalent to those in (b) and (c) of this subsection.

(4) An individual may be disqualified from employment by the state for any position where the individual may have unsupervised access to children or vulnerable adults if the individual has a conviction record for any of the following criminal offenses, regardless of the length of time that has elapsed since the individual's conviction or release from confinement:

(a) A misdemeanor offense, or its federal or out-of-state equivalent, constituting: (i) Assault 4 under chapter 9A.36 RCW; (ii) unlawful imprisonment under chapter 9A.40 RCW; (iii) criminal mistreatment under chapter 9A.42 RCW; or (iv) theft 3 under chapter 9A.56 RCW; or

(b) Any other offense identified by an agency in rule as being directly related to an individual's suitability to have unsupervised access to children or vulnerable adults.

NEW SECTION. Sec. 6. SELF REPORTING REQUIREMENT FOR STATE EMPLOYEES. (1) An individual employed by the state shall report to his or her supervisor any conviction occurring after the effective date of this section for an offense set forth in, or adopted under, section 5 of this act. The report must be made within seven days of the conviction.

(2) Failure by an individual to report a conviction shall be considered in any subsequent disciplinary action.

NEW SECTION. Sec. 7. DISQUALIFICATION FROM STATE CREDENTIALS. (1) This section applies to individuals who have not obtained an initial state credential on or before the effective date of this section.

(2) An individual is permanently disqualified from obtaining a state credential that would allow the individual to have unsupervised access to children or vulnerable adults if the individual has a conviction record for any of the following criminal offenses:

(a) A serious violent offense;

(b) A sex offense; or

(c) Any felony offense, or its federal or out-of-state equivalent, constituting: (i) Sexual exploitation of a child under chapter 9.68A RCW; (ii) criminal mistreatment of a child or dependent person under chapter 9A.42 RCW; or (iii) the sale or purchase of a child under RCW 9A.64.030.

(3) An individual may be disqualified from obtaining a state credential that would allow the individual to have unsupervised access to children or vulnerable adults if the individual has a conviction record for any of the following offenses, regardless of the length of time that has elapsed since the individual's conviction or release of confinement:

(a) A violent offense;

(b) A sex-related offense under chapter 9.68, 9A.44, or 9A.88 RCW that does not constitute a sex offense under RCW 9.94A.030;

(d) A misdemeanor offense constituting: (i) Assault 4 under chapter 9A.36 RCW; (ii) unlawful imprisonment under chapter 9A.40 RCW; (iii) criminal mistreatment under chapter 9A.42 RCW; or (iv) theft 3 under chapter 9A.56 RCW;

(e) Any federal or out-of-state offense equivalent to those in (b), (c), or (d) of this subsection; or

(f) Any other offense identified by a credentialing authority in rule as being directly related to an individual's suitability to obtain an initial state credential.

NEW SECTION. Sec. 8. SELF REPORTING REQUIREMENT FOR CREDENTIALED INDIVIDUALS. (1) An individual who receives a state credential shall report to the credentialing authority any conviction occurring after the effective date of this section for an offense set forth in, or adopted under, section 7 of this act. The report must be made within seven days of the conviction.

(2) The credentialing authorities shall adopt rules to implement this section.

(3) Failure by an individual to report a conviction shall be considered by the credentialing authority in any application for renewal or reinstatement of the credential.

NEW SECTION. Sec. 9. RULES FOR STATE EMPLOYMENT. (1) The Washington personnel resources board shall adopt rules for the implementation of this chapter.

(2) The rules adopted under this section shall prescribe, at a minimum, the following:

(a) The process by which each agency shall request and receive background check information from the state patrol, the FBI, and other appropriate state agencies;

(b) The notifications describing the background check requirements and procedures to be given to individuals seeking employment positions where they may have unsupervised access to children or vulnerable adults;

(c) The permissible uses of the background check information, which shall be limited to determining an individual's suitability to have unsupervised access to children or vulnerable adults;

(d) That no individual may be involved with a state agency in a position where he or she may have unsupervised access to children or vulnerable adults until a background check has been completed; and

(e) The process for self reporting of convictions as required under section 6 of this act.

(3) Rules adopted under this section prevail over rules adopted by any state agency to implement this chapter if the agency rules conflict with those adopted by the personnel resources board.

(4) Until July 1, 1999, the rules under this chapter shall be adopted in consultation with the state patrol, the department of social and health services, the office of the superintendent of public instruction, the department of health, and the department of corrections.

NEW SECTION. Sec. 10. DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-NEW EMPLOYEES AND CONTRACTORS. (1) This section applies to individuals who were not involved with the department or a business or organization in positions where they may have unsupervised access to children or vulnerable adults on or before the effective date of this section.

(2) The secretary shall conduct a background check on individuals who seek involvement with:

(a) The department, including transfers, promotions, demotions, or nonpermanent appointments within the department;

(b) A business or organization licensed, certified, or contracted by the department;

(c) A business or organization contracted by a licensed or certificated business or organization, or a subcontractor with a contractor of the department; and

(d) A business or organization hiring an individual to perform in-home services or child care that is paid for by the state, in positions where the person may have unsupervised access to children or vulnerable adults.

(3) The background check shall include:

(a) A state background check through the state patrol except as provided in subsection (5) of this section;

(b) A national conviction record check through the FBI, except as provided in subsection (5) of this section; and

(c) A review of the department's child protective services case files and such other information in the electronic records of the department as necessary to determine whether the individual has been found to have committed abuse or neglect of a child or vulnerable adult.

(4) The secretary shall:

(a) Notify the individual that a background check must be completed before involvement with the department or business or organization may begin;

(b) Require the individual to furnish two full sets of fingerprints to the department, except as provided in subsection (5) of this section;

(c) Submit the completed fingerprint data to the state patrol along with any fees and other information required by the state patrol in rules adopted pursuant to section 21 of this act;

(d) Acknowledge in writing, on a form provided by the state patrol, that the absence of a state patrol or FBI record does not mean the individual has no criminal record, or adverse civil or administrative decision, nor does it represent a determination by the state patrol that the individual is suitable for involvement with the department or a business or organization;

(e) Notify the individual of the results of the background check within ten days after receipt by the department if a conviction record or adverse civil or administrative decision is found;

(f) Restrict use of the background check results to determining the individual's suitability for involvement with the department or a business or organization; and

(g) Protect from further disclosure or dissemination the results of the individual's background check unless such further disclosure or dissemination is otherwise permitted or required by law.

(5) For an individual whose only involvement with the department or a business or organization is as a volunteer, the secretary may:

(a) Require the background check to be conducted by the appropriate agency if the volunteer does not reside in Washington state; and

(b) By rule, waive the requirements that (i) fingerprints be submitted, and (ii) national conviction record checks be done.

(6) Notwithstanding any other provision or qualification, for individuals seeking involvement with the department, the secretary:

(a) Shall deny individuals involvement in positions where they may have unsupervised access to children or vulnerable adults if their background check reveals a conviction for any offense in section 5(2) of this act;

(b) May deny individuals involvement in positions where they may have unsupervised access to children or vulnerable adults if their background check reveals: (i) A conviction for any offense in section 5 (3) or (4) of this act; (ii) an adverse disciplinary board final decision, dependency adjudication, or protection order; or (iii) a conviction for any offense identified in rule under subsection (10) of this section;

(c) May, in consultation with the appropriate disciplining authority, waive the requirements of section 5(3) of this act on a case‑by‑case basis for individuals employed or who seek employment in the program established under RCW 70.96A.030.

(7) Notwithstanding any other provision or qualification, for businesses or organizations licensed, certified, or contracted by the department, the secretary:

(a) Shall deny, suspend, or revoke the license, certificate, or contract of any business or organization that authorizes an individual's involvement in a position allowing unsupervised access to children or vulnerable adults if the individual's background check reveals a conviction for any offense in section 5(2) of this act;

(b) May deny, suspend, or revoke the license, certificate, or contract of any business or organization that authorizes an individual's involvement in a position allowing unsupervised access to children or vulnerable adults if the individual's background check reveals: (i) A conviction for any offense in section 5 (3) or (4) of this act; (ii) an adverse disciplinary board final decision, dependency adjudication, or protection order; or (iii) a conviction for any offense identified in rule under subsection (10) of this section.

(8) Any business or organization learning of a disqualifying offense under section 5 of this act or subsection (10) of this section shall remove the individual from the position allowing unsupervised access within forty-eight hours. If a business or organization fails to remove the individual within forty‑eight hours, the secretary shall take corrective action as provided in this subsection. Any business or organization removing an individual shall notify the department within seventy‑two hours of the removal.

(9) Notwithstanding any other provision or qualification, for businesses or organizations hiring individuals to perform in-home services or child care that is paid for by the state, the secretary:

(a) Shall deny payment for any services rendered by an individual whose background check reveals a conviction for any offense in section 5(2) of this act; and

(b) May deny payment for any services rendered by an individual whose background check reveals: (i) A conviction for any offense in section 5 (3) or (4) of this act; (ii) an adverse disciplinary board final decision, dependency adjudication, or protection order; or (iii) a conviction for any offense identified in rule under subsection (10) of this section.

(10) The secretary may identify, in rule, additional offenses that are directly related to an individual's suitability to have unsupervised access to children or vulnerable adults and that may disqualify an individual, for an appropriate period of time, from involvement with the department or a business or organization, or from payment for services. The rules may distinguish between offenses for which a disqualification must be made and offenses for which a disqualification may be made by the disciplining authority.

(11) In determining whether to disqualify an individual under subsection (6), (7), or (9) of this section on the basis of an individual's background check results, the secretary shall consider:

(a) The likelihood that the individual may have unsupervised access to children or vulnerable adults as a result of involvement with the department or a business or organization;

(b) The age of the individual at the time of the conviction or adverse civil or administrative action;

(d) Evidence of conduct subsequent to the conviction or adverse civil or administrative action relating to the individual's suitability to have unsupervised access to children or vulnerable adults.

NEW SECTION. Sec. 11. BACKGROUND CHECKS--UPDATES. (1) The secretary shall periodically update the background checks conducted under section 10 of this act for those individuals who remain involved with the department or a business or organization.

(2) Updated background checks shall be conducted at least once every three years for each individual, but they may be conducted more often if the secretary has reasonable cause to believe an individual's background check record has changed.

(3) The requirements and procedures in section 10 of this act apply to all updated background checks conducted under this section, except the background check need not be fingerprint‑based unless the secretary has reasonable cause to believe it is necessary.

(4) For individuals involved with the department, the secretary shall terminate an individual's involvement in any positions where the individual may have unsupervised access to children or vulnerable adults if the updated background check reveals a previously undisclosed conviction:

(a) For any offense in section 5(2) of this act;

(b) For any offense in section 5(3) of this act, unless: (i) More than ten years have passed since the latter of the date of conviction or release from confinement; and (ii) the secretary determines the individual should not be disqualified after considering the criteria in section 10(11) of this act; and

(c) For any offense in section 5(4) of this act, unless the secretary determines the individual should not be disqualified after considering the criteria in section 10(11) of this act.

(5) For businesses or organizations licensed, certified, or contracted by the department, the secretary shall revoke the license or certificate, or terminate the contract, of a business or organization that authorizes an individual's involvement in any positions where the individual may have unsupervised access to children or vulnerable adults if the updated background check reveals a previously undisclosed conviction:

(a) For any offense in section 5(2) of this act;

(c) For any offense in section 5(4) of this act, unless the secretary determines the individual should not be disqualified after considering the criteria in section 10(11) of this act.

(6) For businesses or organizations hiring individuals to perform in-home services and child care that is paid for by the state, the secretary shall deny payment for any services rendered after an updated background check reveals a previously undisclosed conviction:

(a) For any offense in section 5(2) of this act;

(c) For any offense in section 5(4) of this act, unless the secretary determines the individual should not be disqualified after considering the criteria in section 10(11) of this act.

NEW SECTION. Sec. 12. FINGERPRINTING--COSTS. (1) An individual required to provide fingerprint data to the department under sections 10 and 11 of this act is not responsible for the expense of obtaining the fingerprint data.

(2) When an individual obtains fingerprint data from a local law enforcement agency for the purposes of sections 10 and 11 of this act, the department shall reimburse:

(a) The agency for the reasonable costs associated with providing the fingerprint data to the individual; or

(b) The individual for the actual costs charged by the agency for providing the fingerprint data.

NEW SECTION. Sec. 13. REVIEW FOR DISQUALIFIED DEPARTMENT OF SOCIAL AND HEALTH SERVICES EMPLOYEES. (1) Any state employee adversely affected as the result of information obtained through a background check conducted under section 10 or 11 of this act, subject to the conditions and restrictions of chapter 41.06 RCW, be eligible to be transferred to another position that does not afford the individual unsupervised access to children or vulnerable adults.

(2) This section applies only to individuals who are employed by the state on the effective date of this section.

NEW SECTION. Sec. 14. DEPARTMENT OF HEALTH CREDENTIAL REQUIREMENTS--PROCESS. (1) This section applies to individuals who apply for an initial state credential for a health profession under chapter 18.130 RCW on or after the effective date of this section.

(2) The disciplining authority shall conduct a background check on each applicant for an initial state credential. The background check shall include:

(a) A fingerprint-based state background check through the state patrol;

(b) A national conviction record check through the FBI; and

(3) The disciplining authority shall:

(a) Notify the individual applying for an initial state credential that a background check must be completed before the credential is issued;

(b) Require the individual to furnish two full sets of fingerprints to the disciplining authority;

(c) Submit the completed fingerprint data to the state patrol along with any fees and other information required by the state patrol in rules adopted pursuant to section 21 of this act;

(e) Notify the individual of the results of the background check within ten days after receipt by the disciplining authority if a conviction record, adverse disciplinary board final decision, dependency adjudication, or protection order was found;

(f) Restrict use of the background check results to determining the individual's suitability for an initial state credential; and

(g) Protect from further disclosure or dissemination the results of the individual's background check unless such further disclosure or dissemination is otherwise permitted or required by law.

(4) The expense of the background check and obtaining fingerprint data shall be paid by the individual applying for his or her initial state credential.

(5) In addition to any other conditions or criteria under Title 18 RCW, the disciplining authority:

(a) Shall deny an initial state credential to an individual whose background check reveals a conviction for any offense in section 7(2) of this act;

(b) May deny an initial state credential to an individual whose background check reveals: (i) A conviction for any offense in section 7(3) of this act; (ii) an adverse disciplinary board final decision, dependency adjudication, or protection order; or (iii) a conviction for any offense identified in rule under subsection (6) of this section; and

(c) May, in consultation with the secretary, waive the requirements of section 7(3) of this act on a case‑by‑case basis for individuals who require a state credential to be employed in the program established under RCW 70.96A.030.

(6) The disciplining authority may identify, in rule, additional offenses that are directly related to an individual's suitability to obtain an initial state credential and that may disqualify an individual, for an appropriate period of time, from receiving the credential. The rules may distinguish between offenses for which a disqualification must be made and offenses for which an individual may be disqualified by the disciplining authority.

(7) In determining whether to grant or deny an initial state credential on the basis of an individual's background check results, the disciplining authority shall consider:

(a) The age of the individual at the time of the conviction or adverse civil or administrative decision;

(b) The length of time that has passed since the conviction or adverse civil or administrative decision;

(c) Evidence of conduct subsequent to the conviction or adverse civil or administrative decision relating to the individual's suitability to obtain an initial state credential; and

(d) The appropriateness of issuing a credential with conditions as provided for in chapter 18.130 RCW.

NEW SECTION. Sec. 15. DEPARTMENT OF HEALTH CREDENTIALS--RECHECKS. (1) This section applies to individuals who apply for a renewal or reinstatement of a state credential for a health profession under chapter 18.130 RCW on or after the effective date of this section.

(2) The disciplining authority shall conduct a background check, under the schedule adopted pursuant to subsection (3) of this section, on each individual applying for a renewal or reinstatement of a state credential. The background check shall include:

(a) A state background check through the state patrol, which need not be fingerprint-based unless the authority has reasonable cause to believe a fingerprint-based background check is necessary; and

(b) A review of the department's child protective services case files and such other information in the electronic records of the department as necessary to determine whether the individual has been found to have committed abuse or neglect of a child or vulnerable adult.

(3) The disciplining authority shall establish a schedule for conducting the background checks required under subsection (2) of this section. The schedule shall require all individuals to have a background check conducted within three years, and on a biennial basis thereafter.

(4) In addition to any other conditions or criteria under Title 18 RCW, the disciplining authority:

(a) Shall deny a renewal or reinstatement of a state credential to an individual whose background check reveals a conviction for any offense in section 7(2) of this act, unless the disciplinary authority finds good cause to grant a renewed or reinstated credential. In determining whether good cause exists, the disciplining authority shall consider the criteria set forth in subsection (6) of this section; and

(b) May deny a renewal or reinstatement of a state credential to an individual whose background check reveals: (i) A conviction for any offense in section 7(3) of this act; (ii) an adverse disciplinary board final decision, dependency adjudication, or protection order; or (iii) a conviction for any offense identified in rule under subsection (5) of this section.

(5) The disciplining authority may identify, in rule, additional offenses that are directly related to an individual's suitability to obtain a renewed or reinstated state credential and that may disqualify an individual, for an appropriate period of time, from renewing or reinstating the credential. The rules may distinguish between offenses for which a disqualification must be made and offenses for which an individual may be disqualified by the disciplining authority.

(6) In determining whether to grant or deny the renewal or reinstatement of a state credential on the basis of an individual's background check results, the disciplining authority shall consider:

(a) The age of the individual at the time of the conviction or adverse civil or administrative decision;

(b) The length of time that has passed since the conviction or adverse civil or administrative decision;

(c) Evidence of conduct subsequent to the conviction or adverse civil or administrative decision relating to the individual's suitability to obtain the renewal or reinstatement, including the individual's conduct while previously credentialed; and

(d) The appropriateness of issuing a credential with conditions as provided for in chapter 18.130 RCW.

NEW SECTION. Sec. 16. VULNERABLE ADULTS‑-ADDITIONAL LICENSING REQUIREMENTS FOR AGENCIES PROVIDING SERVICES. The secretary and the secretary of health shall adopt in rule additional requirements for the licensure or relicensure of agencies or facilities that provide care and treatment to vulnerable adults. These additional requirements shall ensure that any person associated with a licensed agency or facility having direct contact with a vulnerable adult shall not have been: (1) Convicted of a crime set forth in, or adopted under, section 5 of this act; (2) found in any disciplinary board final decision to have abused a vulnerable adult; or (3) the subject of a protective order under chapter 74.34 RCW.

NEW SECTION. Sec. 17. PRIVATE SECTOR CHECKS REGARDING CHILDREN AND VULNERABLE ADULTS. (1) Unless otherwise required by law, no business or organization is required to conduct a background check on an individual who may have unsupervised access to children or vulnerable adults.

(2) Any business or organization that conducts a background check on an individual who may have unsupervised access to children or vulnerable adults shall:

(a) Notify the individual that such investigation will be made and, if the investigation will be performed by someone other than the business or organization, identify who will conduct the investigation;

(b) Notify the individual of the results of the background check within ten days after completion or receipt by the business or organization;

(c) Restrict use of the background check results to determining the individual's initial or continued suitability for involvement with the business or organization;

(d) Protect from further disclosure or dissemination the results of the individual's background check unless such further disclosure or dissemination is otherwise permitted or required by law; and

(e) When requesting or receiving information from the state patrol, acknowledge in writing, on a form provided by the state patrol, that the absence of a state patrol record does not mean the individual has no criminal record, or adverse civil or administrative decision, nor does it represent a determination by the state patrol that the individual is suitable to have unsupervised access to children or vulnerable adults.

(3) In addition to the requirements of subsection (2) of this section, any business or organization that conducts a fingerprint-based background check through the state patrol on an individual who may have unsupervised access to children or vulnerable adults shall:

(a) Notify the individual that such investigation will be made and require the individual to furnish a full set of fingerprints to the business or organization;

(b) Submit the completed fingerprint data to the state patrol along with any fees and other information required by the state patrol in rules adopted pursuant to section 21 of this act; and

(c) Acknowledge in writing, on a form provided by the state patrol, that the absence of a state patrol record does not mean the individual has no criminal record, or adverse civil or administrative decision, nor does it represent a determination by the state patrol that the individual is suitable to have unsupervised access to children or vulnerable adults.

(4) In addition to the requirements of subsection (2) of this section, any business or organization that conducts a national conviction record check through the FBI on an individual who may have unsupervised access to children or vulnerable adults shall:

(a) Notify the individual that such investigation will be made and require the individual to furnish two full sets of fingerprints to the business or organization;

(b) Submit the completed fingerprint data to the state patrol along with any fees and other information required by the state patrol in rules adopted under section 21 of this act; and

(c) Acknowledge the following in writing, on a form provided by the state patrol: (i) Federal law prohibits the disclosure or dissemination of FBI national conviction records outside of a governmental agency; (ii) the state patrol will compare the results of the FBI national conviction record check to the offenses specified under section 5 of this act and disclose only whether or not the individual has a record for any of those offenses; and (iii) the absence of a record for a crime specified under section 5 of this act does not mean the individual has no criminal record nor does it represent a determination by the state patrol that the individual is suitable to have unsupervised access to children or vulnerable adults.

NEW SECTION. Sec. 18. INSURANCE REQUIREMENTS--LIMITATION. An insurance company may not require, as a condition of issuing a policy of insurance, that a business or organization conduct background checks on individuals who may have unsupervised access to children or vulnerable adults.

NEW SECTION. Sec. 19. PRIVATE SECTOR CONVICTION RECORD CHECKS--BONDING. (1) A business or organization may conduct a check of an individual's conviction records for the following purposes:

(a) Securing a bond required for any involvement with the business or organization;

(b) Conducting pre and post-involvement evaluations of individuals who, in the course of their involvement with the business or organization, will or may have access to information affecting national security, trade secrets, confidential or proprietary business information, money, or items of value; or

(c) Assisting an investigation of suspected misconduct where such misconduct may also constitute a penal offense under the laws of the United States or any state.

(2) A business or organization that conducts a conviction record check for any of the purposes authorized in subsection (1)(a) or (b) of this section shall:

(a) Notify the individual that such check will be made and, if the conviction record check will be conducted by someone other than the business or organization, identify who will conduct the check;

(b) Notify the individual of the results of the conviction record check within thirty days after completion or receipt by the business or organization and make the record available for examination by the individual upon request; and

(c) Restrict disclosure or dissemination of the conviction record check results to only those persons involved in the hiring, background investigation, or job assignment of the individual and restrict the use of the information for only those purposes authorized under subsection (1) of this section.

(3) In addition to the requirements of subsection (2) of this section, a business or organization that conducts a fingerprint-based conviction record check through the state patrol for any of the purposes authorized in subsection (1)(a) or (b) of this section shall:

(a) Notify the individual that such inquiry will be made and require the individual to furnish two full sets of fingerprints to the employer;

(b) Submit the completed fingerprint data to the state patrol along with any fees and other information required by the state patrol in rules adopted pursuant to section 21 of this act; and

(c) Acknowledge in writing, on a form provided by the state patrol, that the absence of a state patrol record does not mean the individual has no criminal record, or adverse civil or administrative decision, nor does it represent a determination by the state patrol that the individual is suitable for bonding or involvement with the business or organization.

(4) In addition to the requirements of subsections (2) and (3) of this section, a business or organization that conducts a conviction record check for any of the purposes authorized in subsection (1) of this section shall protect from further disclosure or dissemination the results of the individual's conviction record check unless such further disclosure or dissemination is otherwise permitted or required by law.

(5) This section shall not be construed to allow a business or organization to make an inquiry not otherwise authorized by law or to affect the policy of the state declared in RCW 9.96A.010 encouraging the employment of ex-offenders.

NEW SECTION. Sec. 20. STATE PATROL DUTIES. The state patrol shall furnish, in response to any lawful request, conviction record and other background check information maintained in its data base customarily used to provide such information.

NEW SECTION. Sec. 21. STATE PATROL RULES--PROCESSING AND FEES. (1) The state patrol shall adopt rules to implement this chapter. The rules shall include, at a minimum:

(a) Provisions for protecting the security of information received and stored by the state patrol;

(b) Provisions for protecting the security and privacy of information disseminated by the state patrol;

(d) Provisions for verifying when a nongovernment business or organization is nonprofit; and

(e) Procedures, forms, and a fee schedule for background checks processed by the state patrol under this chapter.

(2) The provisions and procedures adopted by the state patrol under subsection (1) of this section shall include, to the greatest extent possible, alternatives that encourage businesses and organizations and individuals to request and receive information electronically.

(3) The fee schedule adopted by the state patrol under subsection (1) of this section shall cover, as nearly as practicable, the direct and indirect costs to the state patrol for processing the checks authorized under this chapter. The fee schedule shall reflect the following:

(a) No fee may be charged to a nonprofit business or organization for any conviction record check or background check certified by the nonprofit business or organization to be an initial check on an individual who may have unsupervised access to children or vulnerable adults, except that the state patrol shall collect any fees imposed by the FBI to process national conviction record checks;

(b) In the case of background checks using fingerprints requested by a district, the state patrol shall charge only for the incremental costs associated with checking fingerprints in addition to name and date of birth. Record checks requested by districts using only name and date of birth shall be provided free of charge; and

(c) The differences in processing costs to the state patrol resulting from differences in (i) the types of background checks requested; (ii) the methods used to request and receive background check information; (iii) the volume of background checks requested by a business or organization; and (iv) any other relevant factors affecting processing costs.

NEW SECTION. Sec. 22. INDIVIDUALS' REQUESTS FOR RECORDS. (1) Individuals who seek to volunteer with a business or organization where they may have unsupervised access to children or vulnerable adults may request from the state patrol a certified copy of their background check record.

(2) Businesses and organizations may require individuals, other than those with valid state credentials, to obtain certified copies of their background check records from the state patrol before engaging them as volunteers in positions where they may have unsupervised access to children or vulnerable adults. A business or organization may accept a valid state credential or a certified copy of an individual's background check record in lieu of requesting a background check through the state patrol. When a business or organization relies on a valid state credential or a certified copy of a background check record to determine the individual's suitability for involvement with the business or organization, the business or organization understands and accepts the risk that a conviction or an adverse civil or administrative decision may have occurred since the date of issuance of the state credential or certified copy of the background check record.

(3) An individual requesting a certified copy of his or her background check record shall comply with the process and fee requirements established by the state patrol in rules adopted under section 21 of this act.

(4) A certified copy of a background check record is not valid for more than two years from the date issued by the state patrol.

NEW SECTION. Sec. 23. VIOLATIONS. (1) An individual, or a business or organization other than a government agency, determined by the court or the state patrol to have willfully violated this chapter is prohibited from requesting or receiving background check information from the state patrol.

(2) An individual, or a business or organization other than a government agency, determined by the court or the state patrol to have negligently violated this chapter may be prohibited from requesting or receiving background check information from the state patrol for up to one year for each violation.

NEW SECTION. Sec. 24. LIMITATION ON PRIVATE SECTOR LIABILITY. No individual or business or organization, nor any employee of a business or organization, is liable for defamation, invasion of privacy, negligence, or any other claim in connection with any lawful dissemination of information authorized under this chapter.

NEW SECTION. Sec. 25. CIVIL REMEDIES. (1) In addition to any other remedy provided by law, any individual may bring an action in superior court to enjoin a continuance of any act in violation of this chapter. Upon finding that a defendant is violating or has violated any provision of this chapter, the court shall enjoin the defendant from continuing the violation.

(2) Any person alleging harm from the wrongful use, disclosure, or dissemination of information in violation of this chapter may bring an action for civil damages.

(3) The prevailing party in any action brought under this section is entitled to recover reasonable attorneys' fees and costs.

NEW SECTION. Sec. 26. A new section is added to chapter 28A.400 RCW to read as follows:

A school district board of directors may identify, in policy, offenses in addition to those set forth in section 5 of this act that are directly related to an individual's suitability to have unsupervised access to children and that may disqualify an individual, for an appropriate period of time, from employment within the school district. The policies may distinguish between offenses for which a disqualification must be made and offenses for which an individual may be disqualified.

NEW SECTION. Sec. 27. A new section is added to chapter 28A.400 RCW to read as follows:

(1) This section applies to noncertificated employees of school districts, educational service districts, and their contractors.

(2) School districts, educational service districts, and their contractors shall periodically update the record checks conducted under RCW 28A.400.303 for those individuals who remain employed with the school district, educational service district, or contractor. Updated record checks shall be conducted at least once every three years for each employee, but they may be conducted more often if the employer has reasonable cause to believe an individual's record has changed. An updated record check need not be fingerprint‑based unless the employer has reasonable cause to believe it is necessary.

NEW SECTION. Sec. 28. A new section is added to chapter 28A.400 RCW to read as follows:

(1) This section applies to noncertificated employees of school districts, educational service districts, and their contractors.

(2) School districts, educational service districts, and their contractors:

(a) Shall immediately terminate the employment of any classified or other noncertificated employee who has contact with children during the course of his or her employment upon a guilty plea or conviction for any offense set forth in section 5(2) of this act; and

(b) May terminate the employment of any classified or other noncertificated employee whose record check reveals a guilty plea or conviction for any offense set forth in section 5 (3) or (4) of this act, or adopted under section 26 of this act.

NEW SECTION. Sec. 29. A new section is added to chapter 28A.410 RCW to read as follows:

(1) In addition to any other eligibility requirements under this title, including any requirements relating to good moral fitness and personal character, the superintendent of public instruction:

(a) Shall deny the issuance, renewal, or reinstatement of a certificate or permit to an individual whose record check reveals a conviction for any offense in section 7(2) of this act; and

(b) May deny the issuance, renewal, or reinstatement of a certificate or permit to an individual whose record check reveals: (i) A conviction for any offense in section 7(3) of this act; or (ii) a conviction for any offense identified in rule under subsection (2) of this section.

(2) The state board of education may identify, in rule, additional offenses that are directly related to an individual's suitability to obtain a certificate or permit and that may disqualify an individual, for an appropriate period of time, from receiving an initial, renewed, or reinstated certificate or permit. The rules may distinguish between offenses for which a disqualification must be made and offenses for which an individual may be disqualified by the superintendent of public instruction.

NEW SECTION. Sec. 30. A new section is added to chapter 28A.410 RCW to read as follows:

(1) The superintendent of public instruction shall periodically update the record checks conducted under RCW 28A.410.010 for those individuals who have a credential or permit under this chapter. The updated record check need not be fingerprint‑based unless the superintendent of public instruction has reasonable cause to believe it is necessary.

(2) The superintendent of public instruction shall establish a schedule for conducting the record checks under this section. The schedule shall require the superintendent of public instruction to:

(a) Conduct the update of the record check of every individual who has a certificate or permit within four years of the effective date of this section; and

(b) Conduct subsequent updates on individuals on a biennial basis.

Sec. 31. RCW 28A.400.303 and 1992 c 159 s 2 are each amended to read as follows:

(1) School districts, educational service districts, and their contractors hiring employees who will have regularly scheduled unsupervised access to children shall require a record check through the Washington state patrol criminal identification system ((~~under RCW 43.43.830 through 43.43.834, 10.97.030, and 10.97.050~~)) and ((~~through~~)) the federal bureau of investigation before hiring an employee. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. The requesting entity shall provide a copy of the record report to the applicant.

(2) Notwithstanding any other provision or qualification, the school district, educational service district, and their contractors hiring employees:

(a) Shall deny employment to any applicant if the applicant's record check reveals a conviction for any offense in section 5(2) of this act; and

(b) May deny employment to any applicant if the applicant's record check reveals a conviction for any offense in section 5 (3) or (4) of this act, or adopted under section 26 of this act.

(3) When necessary, an applicant((s)) may be employed on a conditional basis pending completion of the national investigation after the applicant has completed the state record check.

(4) If the applicant has had a record check within the previous two years, the district or contractor may waive the requirement.

(5) The district, pursuant to chapter 41.59 or 41.56 RCW, or contractor hiring the employee shall determine who shall pay costs associated with the record check.

Sec. 32. RCW 28A.400.320 and 1990 c 33 s 383 are each amended to read as follows:

(1) The school district board of directors shall immediately terminate the employment of any classified employee who has contact with children during the course of his or her employment upon a guilty plea or conviction ((of any felony crime involving the physical neglect of a child under chapter 9A.42 RCW, the physical injury or death of a child under chapter 9A.32 or 9A.36 RCW (except motor vehicle violations under chapter 46.61 RCW), sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or violation of similar laws of another jurisdiction)) for any offense in section 5(2) of this act and may terminate the employment of any classified employee upon a guilty plea or conviction for any offense in section 5 (3) or (4) of this act, or adopted under section 26 of this act.

(2) The employee shall have a right of appeal under chapter 28A.645 RCW including any right of appeal under a collective bargaining agreement.

Sec. 33. RCW 28A.400.330 and 1989 c 320 s 4 are each amended to read as follows:

The school district board of directors shall include in any contract for services with an entity or individual other than an employee of the school district a provision requiring the contractor to prohibit any employee of the contractor from working at a public school who has contact with children at a public school during the course of his or her employment and who has pled guilty to or been convicted of ((any felony crime involving the physical neglect of a child under chapter 9A.42 RCW, the physical injury or death of a child under chapter 9A.32 or 9A.36 RCW (except motor vehicle violations under chapter 46.61 RCW), sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or violation of similar laws of another jurisdiction)) any offense in section 5(2) of this act and may terminate the employment of any classified employee upon a guilty plea or conviction for any offense in section 5 (3) or (4) of this act, or adopted under section 26 of this act. The contract shall also contain a provision that any failure to comply with this section shall be grounds for the school district immediately terminating the contract.

Sec. 34. RCW 28A.410.090 and 1996 c 126 s 2 are each amended to read as follows:

(1) Any certificate or permit authorized under the provisions of this chapter, chapter 28A.405 RCW, or rules promulgated thereunder may be revoked or suspended by the authority authorized to grant the same based upon a criminal records report authorized by law, or upon the complaint of any school district superintendent, educational service district superintendent, or private school administrator for immorality, violation of written contract, unprofessional conduct, intemperance, or crime against the law of the state.

If the superintendent of public instruction has reasonable cause to believe that an alleged violation of this chapter or rules adopted under it has occurred, but no complaint has been filed pursuant to this chapter, and that a school district superintendent, educational service district superintendent, or private school administrator has sufficient notice of the alleged violation and opportunity to file a complaint, the superintendent of public instruction may cause an investigation to be made of the alleged violation, together with such other matters that may be disclosed in the course of the investigation related to certificated personnel.

(2) Any such certificate or permit authorized under this chapter or chapter 28A.405 RCW shall be revoked by the authority authorized to grant the certificate upon a guilty plea or the conviction ((of any felony crime involving the physical neglect of a child under chapter 9A.42 RCW, the physical injury or death of a child under chapter 9A.32 or 9A.36 RCW (excepting motor vehicle violations under chapter 46.61 RCW), sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or violation of similar laws of another jurisdiction)) for any offense in section 7(2) of this act and may be revoked upon a guilty plea or conviction for any offense in section 7(3) of this act or adopted under section 29 of this act. The person whose certificate is in question shall be given an opportunity to be heard. ((Mandatory permanent revocation upon a guilty plea or the conviction of felony crimes specified under this subsection shall apply to such convictions or guilty pleas which occur after July 23, 1989. Revocation of any certificate or permit authorized under this chapter or chapter 28A.405 RCW for a guilty plea or criminal conviction occurring prior to July 23, 1989, shall be subject to the provisions of subsection (1) of this section.))

Sec. 35. RCW 28A.410.110 and 1990 c 33 s 410 are each amended to read as follows:

In case any certificate or permit authorized under this chapter or chapter 28A.405 RCW is revoked, the holder shall not be eligible to receive another certificate or permit for a period of twelve months after the date of revocation. However, if the certificate or permit authorized under this chapter or chapter 28A.405 RCW was revoked because of a guilty plea or ((~~the~~)) conviction ((of a felony crime involving the physical neglect of a child under chapter 9A.42 RCW, the physical injury or death of a child under chapter 9A.32 or 9A.36 RCW (except motor vehicle violations under chapter 46.61 RCW), sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or violation of similar laws of another jurisdiction)) for any offense in section 7(2) of this act, the certificate or permit shall not be reinstated.

Sec. 36. RCW 28A.405.470 and 1990 c 33 s 405 are each amended to read as follows:

The school district shall immediately terminate the employment of any person whose certificate or permit authorized under chapter 28A.405 or 28A.410 RCW is subject to revocation under RCW 28A.410.090(2) upon a guilty plea or conviction ((of any felony crime involving the physical neglect of a child under chapter 9A.42 RCW, the physical injury or death of a child under chapter 9A.32 or 9A.36 RCW (except motor vehicle violations under chapter 46.61 RCW), sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or violation of similar laws of another jurisdiction)) for any offense in section 5(2) of this act and may terminate the employment upon a guilty plea or conviction for any offense in section 5 (3) or (4) of this act or adopted under section 26 of this act. Employment shall remain terminated unless the employee successfully prevails on appeal. This section shall only apply to employees holding a certificate or permit who have contact with children during the course of their employment.

Sec. 37. RCW 28A.195.010 and 1993 c 336 s 1101 are each amended to read as follows:

The legislature hereby recognizes that private schools should be subject only to those minimum state controls necessary to insure the health and safety of all the students in the state and to insure a sufficient basic education to meet usual graduation requirements. The state, any agency or official thereof, shall not restrict or dictate any specific educational or other programs for private schools except as hereinafter in this section provided.

Principals of private schools or superintendents of private school districts shall file each year with the state superintendent of public instruction a statement certifying that the minimum requirements hereinafter set forth are being met, noting any deviations. After review of the statement, the state superintendent will notify schools or school districts of those deviations which must be corrected. In case of major deviations, the school or school district may request and the state board of education may grant provisional status for one year in order that the school or school district may take action to meet the requirements. Minimum requirements shall be as follows:

(1) The minimum school year for instructional purposes shall consist of no less than one hundred eighty school days or the equivalent in annual minimum program hour offerings as prescribed in RCW 28A.150.220.

(2) The school day shall be the same as that required in RCW 28A.150.030 and 28A.150.220, except that the percentages of total program hour offerings as prescribed in RCW 28A.150.220 for basic skills, work skills, and optional subjects and activities shall not apply to private schools or private sectarian schools.

(3) All classroom teachers shall hold appropriate Washington state certification except as follows:

(a) Teachers for religious courses or courses for which no counterpart exists in public schools shall not be required to obtain a state certificate to teach those courses.

(b) In exceptional cases, people of unusual competence but without certification may teach students so long as a certified person exercises general supervision. Annual written statements shall be submitted to the office of the superintendent of public instruction reporting and explaining such circumstances.

(4) An approved private school may operate an extension program for parents, guardians, or persons having legal custody of a child to teach children in their custody. The extension program shall require at a minimum that:

(a) The parent, guardian, or custodian be under the supervision of an employee of the approved private school who is certified under chapter 28A.410 RCW;

(b) The planning by the certified person and the parent, guardian, or person having legal custody include objectives consistent with this subsection and subsections (1), (2), (5), (6), and (7) of this section;

(c) The certified person spend a minimum average each month of one contact hour per week with each student under his or her supervision who is enrolled in the approved private school extension program;

(d) Each student's progress be evaluated by the certified person; and

(e) The certified employee shall not supervise more than thirty students enrolled in the approved private school's extension program.

(5) Appropriate measures shall be taken to safeguard all permanent records against loss or damage.

(6) The physical facilities of the school or district shall be adequate to meet the program offered by the school or district: PROVIDED, That each school building shall meet reasonable health and fire safety requirements. However, the state board shall not require private school students to meet the student learning goals, obtain a certificate of mastery to graduate from high school, to master the essential academic learning requirements, or to be assessed pursuant to RCW 28A.630.885. However, private schools may choose, on a voluntary basis, to have their students master these essential academic learning requirements, take these assessments, and obtain certificates of mastery. A residential dwelling of the parent, guardian, or custodian shall be deemed to be an adequate physical facility when a parent, guardian, or person having legal custody is instructing his or her child under subsection (4) of this section.

(7) Private school curriculum shall include instruction of the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of appreciation of art and music, all in sufficient units for meeting state board of education graduation requirements.

(8) Each school or school district shall be required to maintain up-to-date policy statements related to the administration and operation of the school or school district.

(9) All employees hired after the effective date of this section who will have regularly scheduled unsupervised access to children are subject to the record check requirements in RCW 28A.400.303 and section 27 of this act.

All decisions of policy, philosophy, selection of books, teaching material, curriculum, except as provided in subsection (7) above ((~~provided~~)), school rules and administration, or other matters not specifically referred to in this section, shall be the responsibility of the administration and administrators of the particular private school involved.

Sec. 38. RCW 9.96A.020 and 1993 c 71 s 1 are each amended to read as follows:

(1) ((~~Subject to the exceptions in subsections (3) and (4) of this section, and unless there is another~~)) Except as provided in section 30 of this act and any other provision of law to the contrary, ((a)) no person is ((~~not~~)) disqualified from employment by the state of Washington or any of its counties, cities, towns, municipal corporations, or quasi-municipal corporations, nor is a person disqualified to practice, pursue or engage in any occupation, trade, vocation, or business for which a license, permit, certificate or registration is required to be issued by the state of Washington or any of its counties, cities, towns, municipal corporations, or quasi‑municipal corporations solely because of a prior conviction of a felony. ((~~However,~~)) This section does not preclude the fact of any prior conviction of a crime from being considered.

(2) In addition to the disqualifications in sections 5, 7, and 29 of this act, a person may be denied employment by the state of Washington or any of its counties, cities, towns, municipal corporations, or quasi-municipal corporations, or a person may be denied a license, permit, certificate or registration to pursue, practice or engage in an occupation, trade, vocation, or business by reason of the prior conviction of a felony if the felony for which he or she was convicted directly relates to the position of employment sought or to the specific occupation, trade, vocation, or business for which the license, permit, certificate or registration is sought, and the time elapsed since the conviction is less than ten years.

(((3) A person is disqualified for any certificate required or authorized under chapters 28A.405 or 28A.410 RCW, because of a prior guilty plea or the conviction of a felony involving sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, or a violation of similar laws of another jurisdiction, even if the time elapsed since the guilty plea or conviction is ten years or more.

(4) A person is disqualified from employment by school districts, educational service districts, and their contractors hiring employees who will have regularly scheduled unsupervised access to children, because of a prior guilty plea or conviction of a felony involving sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, or a violation of similar laws of another jurisdiction, even if the time elapsed since the guilty plea or conviction is ten years or more.

~~(5) Subsections (3) and (4) of this section only apply to a person applying for a certificate or for employment on or after July 25, 1993.~~))

Sec. 39. RCW 41.06.150 and 1996 c 319 s 2 are each amended to read as follows:

The board shall adopt rules, consistent with the purposes and provisions of this chapter, as now or hereafter amended, and with the best standards of personnel administration, regarding the basis and procedures to be followed for:

(1) The reduction, dismissal, suspension, or demotion of an employee;

(2) Certification of names for vacancies, including departmental promotions, with the number of names equal to six more names than there are vacancies to be filled, such names representing applicants rated highest on eligibility lists: PROVIDED, That when other applicants have scores equal to the lowest score among the names certified, their names shall also be certified;

(3) Examinations for all positions in the competitive and noncompetitive service;

(4) Appointments;

(5) Training and career development;

(6) Probationary periods of six to twelve months and rejections of probationary employees, depending on the job requirements of the class, except that entry level state park rangers shall serve a probationary period of twelve months;

(7) Transfers;

(8) Sick leaves and vacations;

(9) Hours of work;

(10) Layoffs when necessary and subsequent reemployment, both according to seniority;

(11) Determination of appropriate bargaining units within any agency: PROVIDED, That in making such determination the board shall consider the duties, skills, and working conditions of the employees, the history of collective bargaining by the employees and their bargaining representatives, the extent of organization among the employees, and the desires of the employees;

(12) Certification and decertification of exclusive bargaining representatives: PROVIDED, That after certification of an exclusive bargaining representative and upon the representative's request, the director shall hold an election among employees in a bargaining unit to determine by a majority whether to require as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of employment or the date of such election, whichever is the later, and the failure of an employee to comply with such a condition of employment constitutes cause for dismissal: PROVIDED FURTHER, That no more often than once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of thirty percent of the members of a bargaining unit the director shall hold an election to determine whether a majority wish to rescind such condition of employment: PROVIDED FURTHER, That for purposes of this clause, membership in the certified exclusive bargaining representative is satisfied by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full and complete membership rights: AND PROVIDED FURTHER, That in order to safeguard the right of nonassociation of public employees, based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member, such public employee shall pay to the union, for purposes within the program of the union as designated by such employee that would be in harmony with his or her individual conscience, an amount of money equivalent to regular union dues minus any included monthly premiums for union-sponsored insurance programs, and such employee shall not be a member of the union but is entitled to all the representation rights of a union member;

(13) Agreements between agencies and certified exclusive bargaining representatives providing for grievance procedures and collective negotiations on all personnel matters over which the appointing authority of the appropriate bargaining unit of such agency may lawfully exercise discretion;

(14) Written agreements may contain provisions for payroll deductions of employee organization dues upon authorization by the employee member and for the cancellation of such payroll deduction by the filing of a proper prior notice by the employee with the appointing authority and the employee organization: PROVIDED, That nothing contained herein permits or grants to any employee the right to strike or refuse to perform his or her official duties;

(15) Adoption and revision of a comprehensive classification plan for all positions in the classified service, based on investigation and analysis of the duties and responsibilities of each such position.

(a) The board shall not adopt job classification revisions or class studies unless implementation of the proposed revision or study will result in net cost savings, increased efficiencies, or improved management of personnel or services, and the proposed revision or study has been approved by the director of financial management in accordance with chapter 43.88 RCW.

(b) Beginning July 1, 1995, through June 30, 1997, in addition to the requirements of (a) of this subsection:

(i) The board may approve the implementation of salary increases resulting from adjustments to the classification plan during the 1995-97 fiscal biennium only if:

(A) The implementation will not result in additional net costs and the proposed implementation has been approved by the director of financial management in accordance with chapter 43.88 RCW;

(B) The implementation will take effect on July 1, 1996, and the total net cost of all such actions approved by the board for implementation during the 1995-97 fiscal biennium does not exceed the amounts specified by the legislature specifically for this purpose; or

(C) The implementation is a result of emergent conditions. Emergent conditions are defined as emergency situations requiring the establishment of positions necessary for the preservation of the public health, safety, or general welfare, which do not exceed $250,000 of the moneys identified in section 718(2), chapter 18, Laws of 1995 2nd sp. sess.

(ii) The board shall approve only those salary increases resulting from adjustments to the classification plan if they are due to documented recruitment and retention difficulties, salary compression or inversion, increased duties and responsibilities, or inequities. For these purposes, inequities are defined as similar work assigned to different job classes with a salary disparity greater than 7.5 percent.

(iii) Adjustments made to the higher education hospital special pay plan are exempt from (b)(i) through (ii) of this subsection.

(c) Reclassifications, class studies, and salary adjustments to be implemented during the 1997-99 and subsequent fiscal biennia are governed by (a) of this subsection and RCW 41.06.152;

(16) Allocation and reallocation of positions within the classification plan;

(17) Adoption and revision of a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental units but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW 41.06.155 and that, for institutions of higher education and related boards, shall be competitive for positions of a similar nature in the state or the locality in which an institution of higher education or related board is located, such adoption and revision subject to approval by the director of financial management in accordance with the provisions of chapter 43.88 RCW;

(18) Increment increases within the series of steps for each pay grade based on length of service for all employees whose standards of performance are such as to permit them to retain job status in the classified service;

(19) Providing for veteran's preference as required by existing statutes, with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their surviving spouses by giving such eligible veterans and their surviving spouses additional credit in computing their seniority by adding to their unbroken state service, as defined by the board, the veteran's service in the military not to exceed five years. For the purposes of this section, "veteran" means any person who has one or more years of active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service has received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge shall be given: PROVIDED, HOWEVER, That the surviving spouse of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service: PROVIDED FURTHER, That for the purposes of this section "veteran" does not include any person who has voluntarily retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month;

(20) Permitting agency heads to delegate the authority to appoint, reduce, dismiss, suspend, or demote employees within their agencies if such agency heads do not have specific statutory authority to so delegate: PROVIDED, That the board may not authorize such delegation to any position lower than the head of a major subdivision of the agency;

(21) Assuring persons who are or have been employed in classified positions before July 1, 1993, will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by this chapter;

(22) Affirmative action in appointment, promotion, transfer, recruitment, training, and career development; development and implementation of affirmative action goals and timetables; and monitoring of progress against those goals and timetables; and

(23) Background checks under chapter 70.-- RCW (sections 1 through 25 and 47 of this act).

The board shall consult with the human rights commission in the development of rules pertaining to affirmative action. The department of personnel shall transmit a report annually to the human rights commission which states the progress each state agency has made in meeting affirmative action goals and timetables.

Sec. 40. RCW 18.130.040 and 1996 c 200 s 32 and 1996 c 81 s 5 are each reenacted and amended to read as follows:

(1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

(2)(a) The secretary has authority under this chapter in relation to the following professions:

(i) Dispensing opticians licensed under chapter 18.34 RCW;

(ii) Naturopaths licensed under chapter 18.36A RCW;

(iii) Midwives licensed under chapter 18.50 RCW;

(iv) Ocularists licensed under chapter 18.55 RCW;

(v) Massage operators and businesses licensed under chapter 18.108 RCW;

(vi) Dental hygienists licensed under chapter 18.29 RCW;

(vii) Acupuncturists licensed under chapter 18.06 RCW;

(viii) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW;

(ix) Respiratory care practitioners certified under chapter 18.89 RCW;

(x) Persons registered or certified under chapter 18.19 RCW;

(xi) Persons registered as nursing pool operators under chapter 18.52C RCW;

(xii) Nursing assistants registered or certified under chapter 18.79 RCW;

(xiii) Health care assistants certified under chapter 18.135 RCW;

(xiv) Dietitians and nutritionists certified under chapter 18.138 RCW;

(xv) Sex offender treatment providers certified under chapter 18.155 RCW;

(xvi) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205;

(xvii) Persons registered as adult family home providers and resident managers under RCW 18.48.020; and

(xviii) Denturists licensed under chapter 18.30 RCW.

(b) The boards and commissions having authority under this chapter are as follows:

(i) The podiatric medical board as established in chapter 18.22 RCW;

(ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW;

(iii) The dental quality assurance commission as established in chapter 18.32 RCW;

(iv) The board of hearing and speech as established in chapter 18.35 RCW;

(v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;

(vi) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;

(vii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;

(viii) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;

(ix) The medical quality assurance commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;

(x) The board of physical therapy as established in chapter 18.74 RCW;

(xi) The board of occupational therapy practice as established in chapter 18.59 RCW;

(xii) The nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses issued under that chapter;

(xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW; and

(xiv) The veterinary board of governors as established in chapter 18.92 RCW.

(3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses based on the conditions and criteria established in this chapter ((~~and~~)), the chapters specified in subsection (2) of this section, and sections 14 and 15 of this act. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160 by the disciplining authority.

(4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the Uniform Disciplinary Act, among the disciplining authorities listed in subsection (2) of this section.

NEW SECTION. Sec. 41. A new section is added to chapter 2.04 RCW to read as follows:

If the court reaches a final determination of a criminal appeal and the determination results in a dismissal, reversal, or vacation of a conviction, the court shall furnish notice of its determination to the identification section of the Washington state patrol.

NEW SECTION. Sec. 42. A new section is added to chapter 2.06 RCW to read as follows:

NEW SECTION. Sec. 43. A new section is added to chapter 28A.410 RCW to read as follows:

Chapter 70.-- RCW (sections 1 through 25 and 47 of this act) applies to applicants for certification under this chapter.

NEW SECTION. Sec. 44. This act does not apply to offenders employed or volunteering while incarcerated in a state correctional institution.

NEW SECTION. Sec. 45. The state patrol shall examine the feasibility and costs associated with creating a reliable, electronically available data base for storing and disseminating background check information regarding those civil adjudications, court orders, and administrative decisions that are required to be reported to the state patrol under this act. The state patrol shall prepare a report of the results of its examination and submit the report to the governor and the legislature no later than January 1, 1998. All agencies required to report information to the state patrol shall cooperate in the examination, and the state patrol shall consult regularly with the agencies during its examination and report preparation.

NEW SECTION. Sec. 46. The following acts or parts of acts are each repealed:

(1) RCW 41.06.475 and 1993 c 281 s 38 & 1986 c 269 s 2;

(2) RCW 43.43.815 and 1995 c 169 s 1 & 1982 c 202 s 1;

(3) RCW 43.43.832 and 1995 c 250 s 2, 1993 c 281 s 51, & 1990 c 3 s 1102;

(4) RCW 43.43.834 and 1990 c 3 s 1103;

(5) RCW 43.43.838 and 1995 c 29 s 1, 1992 c 159 s 7, & 1990 c 3 s 1104; and

(6) RCW 43.43.842 and 1992 c 104 s 1 & 1989 c 334 s 11.

NEW SECTION. Sec. 47. CAPTIONS NOT LAW. Captions used in this chapter are not any part of the law.

NEW SECTION. Sec. 48. Sections 1 through 25 and 47 of this act constitute a new chapter in Title 70 RCW.

NEW SECTION. Sec. 49. This act takes effect July 1, 1998.

NEW SECTION. Sec. 50. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.