BILL REQ. #:  S-3656.1 

Read first time 01/15/2004.   Referred to Committee on Commerce & Trade.

     AN ACT Relating to the licensing of private sports coaches or trainers; amending RCW 18.235.020; and adding a new chapter to Title 18 RCW.

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

NEW SECTION.  Sec. 1   Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Children" or "minor" means a person eighteen years of age or under.
     (2) "Department" means the department of licensing.
     (3) "Director" means the director of the department of licensing.
     (4) "Licensee" means a person granted a license required by this chapter.
     (5) "Private sports coach or trainer" means a person who provides advice, knowledge, training, or teaches skills necessary to accomplish an athletic skill to children or to persons with developmental or mental disabilities.

NEW SECTION.  Sec. 2   The requirements of this chapter do not apply to a person who possesses a current teaching certificate pursuant to chapter 28A.410 RCW.

NEW SECTION.  Sec. 3   (1) A person shall not represent himself or herself as a private sports coach or trainer unless licensed as provided for in this chapter.
     (2) An applicant must meet the following minimum requirements to obtain a private sports coach or trainer license:
     (a) Be at least eighteen years of age;
     (b) Be a citizen of the United States or a resident alien;
     (c) Not have been convicted of a crime in any jurisdiction;
     (d) Submit a set of fingerprints;
     (e) Pay the required nonrefundable fee for each application; and
     (f) Submit a fully completed application on a form prescribed by the director.

NEW SECTION.  Sec. 4   (1) The director shall investigate the conviction records, pending charges, and disciplinary board final decisions of any applicant seeking a private sports coach or trainer license under this chapter.
     (2) The investigation may include an examination of state and national criminal identification data. The director shall use the information solely for the purpose of determining the character and suitability of the applicant to receive a license under this chapter.

NEW SECTION.  Sec. 5   The director shall suspend the license of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the director must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's license shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.

NEW SECTION.  Sec. 6   The director shall immediately suspend any license issued under this chapter if the holder has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.

NEW SECTION.  Sec. 7   In addition to the unprofessional conduct described in RCW 18.235.130, the following conduct, acts, or conditions constitute unprofessional conduct:
     (1) Knowingly violating any of the provisions of this chapter or the rules adopted under this chapter;
     (2) Being convicted of any crime against children;
     (3) Finding in any dependency action under RCW 13.34.040 to have sexually assaulted or exploited any child or to have physically assaulted any child;
     (4) Finding by a court in a domestic relations proceeding under Title 26 RCW to have sexually abused or exploited any child or to have physically abused any child;
     (5) Finding in any disciplinary board final decision to have sexually or physically abused or exploited any child.

NEW SECTION.  Sec. 8   The director has the following authority in administering this chapter:
     (1) To adopt, amend, and rescind rules as deemed necessary to carry out this chapter;
     (2) To adopt standards of professional conduct or practice;
     (3) To enter into an assurance of discontinuance in lieu of issuing a statement of charges or conducting a hearing. The assurance shall consist of a statement of the law in question and an agreement to not violate the stated provision. The applicant or license holder shall not be required to admit to any violation of the law, and the assurance shall not be construed as such an admission. Violation of an assurance under this subsection is grounds for disciplinary action; and
     (4) To employ such administrative and clerical staff as necessary for the enforcement of this chapter.

NEW SECTION.  Sec. 9   Upon a finding that a licensee or applicant has committed unprofessional conduct, the director may issue an order providing for one or any combination of the following:
     (1) Revocation of the license;
     (2) Suspension of the license for a fixed or indefinite term;
     (3) Restriction or limitation of the practice;
     (4) Requiring the satisfactory completion of a specific program of remedial education or treatment;
     (5) Monitoring of the practice by a supervisor approved by the director;
     (6) Censure or reprimand;
     (7) Compliance with conditions of probation for a designated period of time;
     (8) Withholding a license request;
     (9) Other corrective action;
     (10) Refund of fees billed to and collected from the consumer; or
     (11) The assessment of administrative penalties.
     Any of the actions under this section may be totally or partly stayed by the director. All costs associated with compliance with orders issued under this section are the obligation of the licensee or applicant.

NEW SECTION.  Sec. 10   (1) The director, in implementing and administering the provisions of this chapter, shall act in accordance with chapter 34.05 RCW, the administrative procedure act.
     (2) The procedures governing adjudicative proceedings before agencies under chapter 34.05 RCW, the administrative procedure act, govern all hearings before the director.

NEW SECTION.  Sec. 11   The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.

Sec. 12   RCW 18.235.020 and 2002 c 86 s 103 are each amended to read as follows:
     (1) This chapter applies only to the director and the boards and commissions having jurisdiction in relation to the businesses and 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 director has authority under this chapter in relation to the following businesses and professions:
     (i) Auctioneers under chapter 18.11 RCW;
     (ii) Bail bond agents under chapter 18.185 RCW;
     (iii) Camping resorts' operators and salespersons under chapter 19.105 RCW;
     (iv) Commercial telephone solicitors under chapter 19.158 RCW;
     (v) Cosmetologists, barbers, manicurists, and estheticians under chapter 18.16 RCW;
     (vi) Court reporters under chapter 18.145 RCW;
     (vii) Employment agencies under chapter 19.31 RCW;
     (viii) For hire vehicle operators under chapter 46.72 RCW;
     (ix) Limousines under chapter 46.72A RCW;
     (x) Notaries public under chapter 42.44 RCW;
     (xi) Private investigators under chapter 18.165 RCW;
     (xii) Private sports coaches or trainers under chapter 18.-- RCW (sections 1 through 11 of this act);
     (xiii) Professional boxing, martial arts, and wrestling under chapter 67.08 RCW;
     (((xiii))) (xiv) Real estate appraisers under chapter 18.140 RCW;
     (((xiv))) (xv) Real estate brokers and salespersons under chapters 18.85 and 18.86 RCW;
     (((xv))) (xvi) Security guards under chapter 18.170 RCW;
     (((xvi))) (xvii) Sellers of travel under chapter 19.138 RCW;
     (((xvii))) (xviii) Timeshares and timeshare salespersons under chapter 64.36 RCW; and
     (((xviii))) (xiv) Whitewater river outfitters under chapter 79A.60 RCW.
     (b) The boards and commissions having authority under this chapter are as follows:
     (i) The state board of registration for architects established in chapter 18.08 RCW;
     (ii) The cemetery board established in chapter 68.05 RCW;
     (iii) The Washington state collection agency board established in chapter 19.16 RCW;
     (iv) The state board of registration for professional engineers and land surveyors established in chapter 18.43 RCW governing licenses issued under chapters 18.43 and 18.210 RCW;
     (v) The state board of funeral directors and embalmers established in chapter 18.39 RCW;
     (vi) The state board of registration for landscape architects established in chapter 18.96 RCW; and
     (vii) The state geologist licensing board established in chapter 18.220 RCW.
     (3) In addition to the authority to discipline license holders, the disciplinary authority may grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. 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 under RCW 18.235.110 by the disciplinary authority.

NEW SECTION.  Sec. 13   Sections 1 through 11 of this act constitute a new chapter in Title 18 RCW.