Passed by the Senate March 6, 2012 YEAS 36   ________________________________________ President of the Senate Passed by the House March 1, 2012 YEAS 88   ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 6103 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 01/31/12.
AN ACT Relating to the practice of reflexology and massage therapy; amending RCW 18.108.005, 18.108.010, 18.108.025, 18.108.030, 18.108.040, 18.108.045, 18.108.050, 18.108.060, 18.108.070, 18.108.073, 18.108.095, 18.108.085, 18.120.020, and 18.130.040; adding new sections to chapter 18.108 RCW; creating new sections; repealing RCW 18.108.076 and 18.108.130; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that protecting the
public health and safety from the harms of human trafficking has become
more difficult and complex, with severe consequences for the victims
and the public. The purpose of this legislation is to provide
additional tools so that the regulatory agency has authority to make
reasonable inspections of the premises in which services subject to
this chapter are being provided in order to determine whether the
services are being provided in compliance with this chapter and to
support state investigations of human trafficking and other illicit
activity.
Sec. 2 RCW 18.108.005 and 1997 c 297 s 1 are each amended to read
as follows:
(1) The legislature finds it necessary to license the practice of
massage and massage therapy and certify persons practicing reflexology
in order to protect the public health and safety. It is the
legislature's intent that only individuals who meet and maintain
minimum standards of competence and conduct may provide services to the
public.
(2) This chapter shall not be construed to:
(a) Require ((or prohibit)) individual or group policies or
contracts of ((an insurance carrier, health care service contractor, or
health maintenance organization)) a health carrier to provide, or
prohibit such policies or contracts from providing, benefits or
coverage for services and supplies provided by a person licensed under
this chapter; or
(b) Require that a health carrier contract with a person certified
under this chapter.
Sec. 3 RCW 18.108.010 and 2007 c 272 s 1 are each amended to read
as follows:
In this chapter, unless the context otherwise requires, the
following meanings shall apply:
(1) "Board" means the Washington state board of massage.
(2) "Massage" and "massage therapy" mean a health care service
involving the external manipulation or pressure of soft tissue for
therapeutic purposes. Massage therapy includes techniques such as
tapping, compressions, friction, reflexology, Swedish gymnastics or
movements, gliding, kneading, shaking, and fascial or connective tissue
stretching, with or without the aids of superficial heat, cold, water,
lubricants, or salts. Massage therapy does not include diagnosis or
attempts to adjust or manipulate any articulations of the body or spine
or mobilization of these articulations by the use of a thrusting force,
nor does it include genital manipulation.
(3) "Massage practitioner" means an individual licensed under this
chapter.
(4) "Secretary" means the secretary of health or the secretary's
designee.
(5) "Massage business" means the operation of a business where
massages are given.
(6) "Animal massage practitioner" means an individual with a
license to practice massage therapy in this state with additional
training in animal therapy.
(7) "Intraoral massage" means the manipulation or pressure of soft
tissue inside the mouth or oral cavity for therapeutic purposes.
(8) "Health carrier" means the same as the definition in RCW
48.43.005.
(9) "Certified reflexologist" means an individual who is certified
under this chapter.
(10) "Reflexology" means a health care service that is limited to
applying alternating pressure with thumb and finger techniques to
reflexive areas of the lower one-third of the extremities, feet, hands,
and outer ears based on reflex maps. Reflexology does not include the
diagnosis of or treatment for specific diseases, or joint
manipulations.
(11) "Reflexology business" means the operation of a business where
reflexology services are provided.
Sec. 4 RCW 18.108.025 and 2008 c 25 s 1 are each amended to read
as follows:
(1) In addition to any other authority provided by law, the board
of massage may:
(((1))) (a) Adopt rules in accordance with chapter 34.05 RCW
necessary to implement massage practitioner licensure under this
chapter, subject to the approval of the secretary;
(((2))) (b) Define, evaluate, approve, and designate those massage
schools, massage programs, and massage apprenticeship programs
including all current and proposed curriculum, faculty, and health,
sanitation, and facility standards from which graduation will be
accepted as proof of an applicant's eligibility to take the massage
licensing examination;
(((3))) (c) Review approved massage schools and programs
periodically;
(((4))) (d) Prepare, grade, administer, and supervise the grading
and administration of, examinations for applicants for massage
licensure;
(((5))) (e) Establish and administer requirements for continuing
education, which shall be a prerequisite to renewing a massage
practitioner license under this chapter; and
(((6))) (f) Determine which states have educational and licensing
requirements for massage practitioners equivalent to those of this
state.
(2) The board shall establish by rule the standards and procedures
for approving courses of study in massage therapy and may contract with
individuals or organizations having expertise in the profession or in
education to assist in evaluating courses of study. The standards and
procedures set shall apply equally to schools and training within the
United States of America and those in foreign jurisdictions.
Sec. 5 RCW 18.108.030 and 1995 c 198 s 15 are each amended to
read as follows:
(1)(a) No person may practice or represent himself or herself as a
massage practitioner without first applying for and receiving from the
department a license to practice. However, this subsection does not
prohibit a certified reflexologist from practicing reflexology.
(((2))) (b) A person represents himself or herself as a massage
practitioner when the person adopts or uses any title or any
description of services that incorporates one or more of the following
terms or designations: Massage, massage practitioner, massage
therapist, massage therapy, therapeutic massage, massage technician,
massage technology, massagist, masseur, masseuse, myotherapist or
myotherapy, touch therapist, reflexologist except when used by a
certified reflexologist, acupressurist, body therapy or body therapist,
or any derivation of those terms that implies a massage technique or
method.
(2)(a) No person may practice reflexology or represent himself or
herself as a reflexologist by use of any title without first being
certified as a reflexologist or licensed as a massage practitioner by
the department.
(b) A person represents himself or herself as a reflexologist when
the person adopts or uses any title in any description of services that
incorporates one or more of the following terms or designations:
Reflexologist, reflexology, foot pressure therapy, foot reflex therapy,
or any derivation of those terms that implies a reflexology technique
or method. However, this subsection does not prohibit a licensed
massage practitioner from using any of these terms as a description of
services.
(c) A person may not use the term "certified reflexologist" without
first being certified by the department.
Sec. 6 RCW 18.108.040 and 2011 c 223 s 1 are each amended to read
as follows:
(1)(a) It shall be unlawful to advertise the practice of massage
using the term massage or any other term that implies a massage
technique or method in any public or private publication or
communication by a person not licensed by the secretary as a massage
practitioner. However, this subsection does not prohibit a certified
reflexologist from using the term reflexology or derivations of the
term, subject to subsection (2)(b) of this section.
(((2))) (b) Any person who holds a license to practice as a massage
practitioner in this state may use the title "licensed massage
practitioner" and the abbreviation "L.M.P.". No other persons may
assume such title or use such abbreviation or any other word, letters,
signs, or figures to indicate that the person using the title is a
licensed massage practitioner.
(((3))) (c) A massage practitioner's name and license number must
conspicuously appear on all of the massage practitioner's
advertisements.
(2)(a) It is unlawful to advertise the practice of reflexology or
use any other term that implies reflexology technique or method in any
public or private publication or communication by a person not
certified by the secretary as a reflexologist or licensed as a massage
practitioner.
(b) A person certified as a reflexologist may not adopt or use any
title or description of services, including for purposes of
advertising, that incorporates one or more of the following terms or
designations: Massage, masseuse, massager, massagist, masseur,
myotherapist or myotherapy, touch therapist, body therapy or therapist,
or any derivation of those terms that implies a massage technique or
therapy unless the person is also licensed under this chapter as a
massage practitioner.
(c) A reflexologist's name and certification number must
conspicuously appear on all of the reflexologist's advertisements.
Sec. 7 RCW 18.108.045 and 2011 c 223 s 2 are each amended to read
as follows:
A massage practitioner licensed under this chapter or a
reflexologist certified under this chapter must conspicuously display
his or her ((license)) credential in his or her principal place of
business. If the licensed massage practitioner or certified
reflexologist does not have a principal place of business or conducts
business in any other location, he or she must have a copy of his or
her ((license)) credential available for inspection while performing
((any activities related to massage therapy)) services within his or
her authorized scope of practice.
Sec. 8 RCW 18.108.050 and 2002 c 277 s 2 are each amended to read
as follows:
This chapter does not apply to:
(1) An individual giving massage or reflexology to members of his
or her immediate family;
(2) The practice of a profession by individuals who are licensed,
certified, or registered under other laws of this state and who are
performing services within their authorized scope of practice;
(3) Massage or reflexology practiced at the athletic department of:
(a) Any institution maintained by the public funds of the state, or
any of its political subdivisions;
(((4) Massage practiced at the athletic department of)) (b) Any
primary or secondary school or institution of higher education;
(c) Any school or college approved by the department of health by
rule using recognized national professional standards; or
(d) Any nonprofit organization licensed under RCW 66.24.400 and
66.24.450;
(((5))) (4) Students enrolled in an approved massage school,
approved program, or approved apprenticeship program, practicing
massage techniques, incidental to the massage school or program and
supervised by the approved school or program. Students must identify
themselves as a student when performing massage services on members of
the public. Students may not be compensated for the massage services
they provide;
(((6))) (5) Students enrolled in an approved reflexology school,
approved program, or approved apprenticeship program, practicing
reflexology techniques, incidental to the reflexologist school or
program and supervised by the approved school or program. Students
must identify themselves as a student when performing reflexology
services on members of the public. Students may not be compensated for
the reflexology services they provide; or
(6) Individuals who have completed a somatic education training
program approved by the secretary((;)).
(7) Persons who limit their practice to reflexology. For purposes
of this chapter, the practice of reflexology is limited to the hands,
feet, and outer ears. The services provided by those who limit their
practice to reflexology are not designated or implied to be massage or
massage therapy
Sec. 9 RCW 18.108.060 and 1996 c 191 s 81 are each amended to
read as follows:
Each applicant and license or certificate holder shall comply with
administrative procedures, administrative requirements, and fees set by
the secretary under RCW 43.70.250 and 43.70.280.
Sec. 10 RCW 18.108.070 and 1991 c 3 s 257 are each amended to
read as follows:
(1) The secretary shall issue a massage practitioner's license to
an applicant who demonstrates to the secretary's satisfaction that the
following requirements have been met:
(((1))) (a) Effective June 1, 1988, successful completion of a
course of study in an approved massage program or approved
apprenticeship program;
(((2))) (b) Successful completion of an examination administered or
approved by the board; and
(((3))) (c) Be eighteen years of age or older.
((In addition, applicants shall be subject to the grounds for
denial or issuance of a conditional license under chapter 18.130 RCW.))
(2) Beginning July 1, 2013, the secretary shall issue a
reflexologist certification to an applicant who completes an
application form that identifies the name and address of the applicant
and the certification request, and demonstrates to the secretary's
satisfaction that the following requirements have been met:
(a) Successful completion of a course of study in reflexologist
program approved by the secretary;
(b) Successful completion of an examination administered or
approved by the secretary; and
(c) Be eighteen years of age or older.
(3) Applicants for a massage practitioner's license or for
certification as a reflexologist shall be subject to the grounds for
denial or issuance of a conditional credential under chapter 18.130
RCW.
(4) The secretary may require any information and documentation
that reasonably relates to the need to determine whether the massage
practitioner or reflexologist applicant meets the criteria for
licensure provided for in this chapter and chapter 18.130 RCW. The
secretary shall establish by rule what constitutes adequate proof of
meeting the criteria. ((The board shall give an appropriate alternate
form of examination for persons who cannot read or speak English to
determine equivalent competency.))
Sec. 11 RCW 18.108.073 and 1995 c 198 s 17 are each amended to
read as follows:
(1) ((The date and location of the examination shall be established
by the secretary.)) Applicants ((who)) for the massage practitioner
license examination must demonstrate to the secretary's satisfaction
that the following requirements have been met ((shall be scheduled for
the next examination following the filing of the application)):
(a)(i) Effective June 1, 1988, successful completion of a course of
study in an approved massage program; or
(((b))) (ii) Effective June 1, 1988, successful completion of an
apprenticeship program established by the board; and
(((c))) (b) Be eighteen years of age or older.
((In addition, the secretary shall establish a deadline for receipt
of completed and approved applications.))
(2) The board or its designee shall examine each massage
practitioner applicant in a written examination determined most
effective on subjects appropriate to the massage scope of practice.
The subjects may include anatomy, kinesiology, physiology, pathology,
principles of human behavior, massage theory and practice,
hydrotherapy, hygiene, first aid, Washington law pertaining to the
practice of massage, and such other subjects as the board may deem
useful to test applicant's fitness to practice massage therapy. Such
examinations shall be limited in purpose to determining whether the
applicant possesses the minimum skill and knowledge necessary to
practice competently.
(3) All records of a massage practitioner candidate's performance
shall be preserved for a period of not less than one year after the
board has made and published decisions thereupon. All examinations
shall be conducted by the board under fair and impartial methods as
determined by the secretary.
(4) ((An)) A massage practitioner applicant who fails to make the
required grade in the first examination is entitled to take up to two
additional examinations upon the payment of a fee for each subsequent
examination determined by the secretary as provided in RCW 43.70.250.
Upon failure of three examinations, the secretary may invalidate the
original application and require such remedial education as is required
by the board before admission to future examinations.
(5) The board may approve an examination prepared or administered,
or both, by a private testing agency or association of licensing boards
for use by ((an)) a massage practitioner applicant in meeting the
licensing requirement.
NEW SECTION. Sec. 12 A new section is added to chapter 18.108
RCW to read as follows:
(1) Beginning July 1, 2013, applicants for the reflexology
certification examination must demonstrate to the secretary's
satisfaction that the following requirements have been met:
(a)(i) Successful completion of a course of study in an approved
reflexology program; or
(ii) Successful completion of an apprenticeship program approved by
the secretary; and
(b) Be eighteen years of age or older.
(2) The secretary or his or her designee shall examine each
reflexology applicant in a written examination determined most
effective on subjects appropriate to the reflexology scope of practice.
The subjects may include those that the secretary deems useful to test
applicant's fitness to practice reflexology. Such examinations shall
be limited in purpose to determining whether the applicant possesses
the minimum skill and knowledge necessary to practice reflexology
competently.
(3) All records of a reflexology candidate's performance shall be
preserved for a period of not less than one year after the secretary
has made and published decisions thereupon. All examinations shall be
conducted under fair and impartial methods as determined by the
secretary.
(4) A reflexology applicant who fails to make the required grade in
the first examination is entitled to take up to two additional
examinations upon the payment of a fee for each subsequent examination
determined by the secretary as provided in RCW 43.70.250. Upon failure
of three examinations, the secretary may invalidate the original
application and require such remedial education as is required by the
secretary before admission to future examinations.
(5) The secretary may approve an examination prepared or
administered, or both, by a private testing agency or association of
licensing boards for use by a reflexology applicant in meeting the
certification requirement.
Sec. 13 RCW 18.108.095 and 1987 c 443 s 12 are each amended to
read as follows:
((An)) A massage practitioner applicant holding a license in
another state or foreign jurisdiction may be granted a Washington
license without examination, if, in the opinion of the board, the other
state's or foreign jurisdiction's examination and educational
requirements are substantially equivalent to Washington's((: PROVIDED,
That)). However, the applicant must demonstrate((s)) to the
satisfaction of the board a working knowledge of Washington law
pertaining to the practice of massage. The applicant shall provide
proof in a manner approved by the department that the examination and
requirements are equivalent to Washington's.
Sec. 14 RCW 18.108.085 and 1996 c 154 s 1 are each amended to
read as follows:
(1) In addition to any other authority provided by law, the
secretary may:
(a) Adopt rules, in accordance with chapter 34.05 RCW necessary to
implement this chapter;
(b) Set all license, certification, examination, and renewal fees
in accordance with RCW 43.70.250;
(c) Establish forms and procedures necessary to administer this
chapter;
(d) Issue a massage practitioner's license to any applicant who has
met the education, training, and examination requirements for licensure
and deny licensure to applicants who do not meet the requirements of
this chapter; ((and))
(e) Issue a reflexology certification to any applicant who has met
the requirements for certification and deny certification to applicants
who do not meet the requirements of this chapter; and
(f) Hire clerical, administrative, and investigative staff as
necessary to implement this chapter((, and hire individuals licensed
under this chapter to serve as examiners for any practical
examinations)).
(2) The Uniform Disciplinary Act, chapter 18.130 RCW, governs
unlicensed and uncertified practice, the issuance and denial of
licenses and certifications, and the disciplining of persons under this
chapter. The secretary shall be the disciplining authority under this
chapter.
(3) Any license or certification issued under this chapter to a
person who is or has been convicted of violating RCW 9A.88.030,
9A.88.070, 9A.88.080, or 9A.88.090 or equivalent local ordinances shall
automatically be revoked by the secretary upon receipt of a certified
copy of the court documents reflecting such conviction. No further
hearing or procedure is required, and the secretary has no discretion
with regard to the revocation of the license or certification. The
revocation shall be effective even though such conviction may be under
appeal, or the time period for such appeal has not elapsed. However,
upon presentation of a final appellate decision overturning such
conviction, the license or certification shall be reinstated, unless
grounds for disciplinary action have been found under chapter 18.130
RCW. No license or certification may be granted under this chapter to
any person who has been convicted of violating RCW 9A.88.030,
9A.88.070, 9A.88.080, or 9A.88.090 or equivalent local ordinances
within the eight years immediately preceding the date of application.
For purposes of this subsection, "convicted" does not include a
conviction that has been the subject of a pardon, annulment, or other
equivalent procedure based on a finding of innocence, but does include
convictions for offenses for which the defendant received a deferred or
suspended sentence, unless the record has been expunged according to
law.
(4) The secretary shall keep an official record of all proceedings
under this chapter, a part of which record shall consist of a register
of all applicants for licensure or certification under this chapter,
with the result of each application.
NEW SECTION. Sec. 15 A new section is added to chapter 18.108
RCW to read as follows:
(1) The secretary may certify an applicant as a reflexologist
without examination if the applicant:
(a) Has practiced reflexology as a licensed massage practitioner
for at least five years prior to the effective date of this section or
provides evidence satisfactory to the secretary that he or she has,
prior to the effective date of this section, successfully completed a
course of study in a reflexology program approved by the secretary; and
(b) Applies for certification by one year after the effective date
of this section.
(2) An applicant holding a reflexology credential in another state
or a territory of the United States may be certified to practice in
this state without examination if the secretary determines that the
other jurisdiction's credentialing standards are substantially
equivalent to the standards in this state.
NEW SECTION. Sec. 16 A new section is added to chapter 18.108
RCW to read as follows:
(1) For the purposes of ascertaining violations of this chapter and
chapter 18.130 RCW, the secretary or authorized representative has the
authority to inspect, within reasonable limits and in a reasonable
manner, the premises of any massage or reflexology business
establishment during hours such business is open. If the secretary is
denied access to any premises or establishment the secretary may apply
to any court of competent jurisdiction for a warrant authorizing access
to such premises or establishment for such purposes. The court may,
upon such application, issue a warrant for the purpose requested.
(2) This section does not require advance notice of an inspection.
NEW SECTION. Sec. 17 The following acts or parts of acts are
each repealed:
(1) RCW 18.108.076 (Application of uniform disciplinary act) and
1987 c 150 s 60 & 1986 c 259 s 146; and
(2) RCW 18.108.130 (Exemptions) and 1975 1st ex.s. c 280 s 14.
Sec. 18 RCW 18.120.020 and 2010 c 286 s 14 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Applicant group" includes any health professional group or
organization, any individual, or any other interested party which
proposes that any health professional group not presently regulated be
regulated or which proposes to substantially increase the scope of
practice of the profession.
(2) "Certificate" and "certification" mean a voluntary process by
which a statutory regulatory entity grants recognition to an individual
who (a) has met certain prerequisite qualifications specified by that
regulatory entity, and (b) may assume or use "certified" in the title
or designation to perform prescribed health professional tasks.
(3) "Grandfather clause" means a provision in a regulatory statute
applicable to practitioners actively engaged in the regulated health
profession prior to the effective date of the regulatory statute which
exempts the practitioners from meeting the prerequisite qualifications
set forth in the regulatory statute to perform prescribed occupational
tasks.
(4) "Health professions" means and includes the following health
and health-related licensed or regulated professions and occupations:
Podiatric medicine and surgery under chapter 18.22 RCW; chiropractic
under chapter 18.25 RCW; dental hygiene under chapter 18.29 RCW;
dentistry under chapter 18.32 RCW; denturism under chapter 18.30 RCW;
dispensing opticians under chapter 18.34 RCW; hearing instruments under
chapter 18.35 RCW; naturopaths under chapter 18.36A RCW; embalming and
funeral directing under chapter 18.39 RCW; midwifery under chapter
18.50 RCW; nursing home administration under chapter 18.52 RCW;
optometry under chapters 18.53 and 18.54 RCW; ocularists under chapter
18.55 RCW; osteopathic medicine and surgery under chapters 18.57 and
18.57A RCW; pharmacy under chapters 18.64 and 18.64A RCW; medicine
under chapters 18.71 and 18.71A RCW; emergency medicine under chapter
18.73 RCW; physical therapy under chapter 18.74 RCW; practical nurses
under chapter 18.79 RCW; psychologists under chapter 18.83 RCW;
registered nurses under chapter 18.79 RCW; occupational therapists
licensed under chapter 18.59 RCW; respiratory care practitioners
licensed under chapter 18.89 RCW; veterinarians and veterinary
technicians under chapter 18.92 RCW; health care assistants under
chapter 18.135 RCW; massage practitioners under chapter 18.108 RCW;
East Asian medicine practitioners licensed under chapter 18.06 RCW;
persons registered under chapter 18.19 RCW; persons licensed as mental
health counselors, marriage and family therapists, and social workers
under chapter 18.225 RCW; dietitians and nutritionists certified by
chapter 18.138 RCW; radiologic technicians under chapter 18.84 RCW;
((and)) nursing assistants registered or certified under chapter 18.88A
RCW; and reflexologists certified under chapter 18.108 RCW.
(5) "Inspection" means the periodic examination of practitioners by
a state agency in order to ascertain whether the practitioners'
occupation is being carried out in a fashion consistent with the public
health, safety, and welfare.
(6) "Legislative committees of reference" means the standing
legislative committees designated by the respective rules committees of
the senate and house of representatives to consider proposed
legislation to regulate health professions not previously regulated.
(7) "License," "licensing," and "licensure" mean permission to
engage in a health profession which would otherwise be unlawful in the
state in the absence of the permission. A license is granted to those
individuals who meet prerequisite qualifications to perform prescribed
health professional tasks and for the use of a particular title.
(8) "Professional license" means an individual, nontransferable
authorization to carry on a health activity based on qualifications
which include: (a) Graduation from an accredited or approved program,
and (b) acceptable performance on a qualifying examination or series of
examinations.
(9) "Practitioner" means an individual who (a) has achieved
knowledge and skill by practice, and (b) is actively engaged in a
specified health profession.
(10) "Public member" means an individual who is not, and never was,
a member of the health profession being regulated or the spouse of a
member, or an individual who does not have and never has had a material
financial interest in either the rendering of the health professional
service being regulated or an activity directly related to the
profession being regulated.
(11) "Registration" means the formal notification which, prior to
rendering services, a practitioner shall submit to a state agency
setting forth the name and address of the practitioner; the location,
nature and operation of the health activity to be practiced; and, if
required by the regulatory entity, a description of the service to be
provided.
(12) "Regulatory entity" means any board, commission, agency,
division, or other unit or subunit of state government which regulates
one or more professions, occupations, industries, businesses, or other
endeavors in this state.
(13) "State agency" includes every state office, department, board,
commission, regulatory entity, and agency of the state, and, where
provided by law, programs and activities involving less than the full
responsibility of a state agency.
Sec. 19 RCW 18.130.040 and 2011 c 41 s 11 are each 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 and designated apprentices under
chapter 18.34 RCW;
(ii) Midwives licensed under chapter 18.50 RCW;
(iii) Ocularists licensed under chapter 18.55 RCW;
(iv) Massage ((operators)) practitioners and businesses licensed
under chapter 18.108 RCW;
(v) Dental hygienists licensed under chapter 18.29 RCW;
(vi) East Asian medicine practitioners licensed under chapter 18.06
RCW;
(vii) Radiologic technologists certified and X-ray technicians
registered under chapter 18.84 RCW;
(viii) Respiratory care practitioners licensed under chapter 18.89
RCW;
(ix) Hypnotherapists and agency affiliated counselors registered
and advisors and counselors certified under chapter 18.19 RCW;
(x) Persons licensed as mental health counselors, mental health
counselor associates, marriage and family therapists, marriage and
family therapist associates, social workers, social work associates -- advanced, and social work associates -- independent clinical under
chapter 18.225 RCW;
(xi) Persons registered as nursing pool operators under chapter
18.52C RCW;
(xii) Nursing assistants registered or certified under chapter
18.88A RCW;
(xiii) Health care assistants certified under chapter 18.135 RCW;
(xiv) Dietitians and nutritionists certified under chapter 18.138
RCW;
(xv) Chemical dependency professionals and chemical dependency
professional trainees certified under chapter 18.205 RCW;
(xvi) Sex offender treatment providers and certified affiliate sex
offender treatment providers certified under chapter 18.155 RCW;
(xvii) Persons licensed and certified under chapter 18.73 RCW or
RCW 18.71.205;
(xviii) Denturists licensed under chapter 18.30 RCW;
(xix) Orthotists and prosthetists licensed under chapter 18.200
RCW;
(xx) Surgical technologists registered under chapter 18.215 RCW;
(xxi) Recreational therapists (([under chapter 18.230 RCW])) under
chapter 18.230 RCW;
(xxii) Animal massage practitioners certified under chapter 18.240
RCW;
(xxiii) Athletic trainers licensed under chapter 18.250 RCW;
(xxiv) Home care aides certified under chapter 18.88B RCW; ((and))
(xxv) Genetic counselors licensed under chapter 18.290 RCW; and
(xxvi) Reflexologists certified under chapter 18.108 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 governing licenses issued under chapter 18.32 RCW and
licenses and registrations issued under chapter 18.260 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 and registrations issued under
that chapter;
(xiii) The examining board of psychology and its disciplinary
committee as established in chapter 18.83 RCW;
(xiv) The veterinary board of governors as established in chapter
18.92 RCW; and
(xv) The board of naturopathy established in chapter 18.36A RCW.
(3) In addition to the authority to discipline license holders, the
disciplining authority has the authority to grant or deny licenses.
The disciplining authority may also grant a license subject to
conditions.
(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. 20 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.
NEW SECTION. Sec. 21 The department of health shall adopt any
rules necessary to implement this act.
NEW SECTION. Sec. 22 Sections 1 through 19 of this act take
effect July 1, 2013.