BILL REQ. #:  S-3583.1 

Read first time 01/23/14.   Referred to Committee on Health Care .

     AN ACT Relating to designating the disciplining authority for dental hygienists; amending RCW 18.29.005, 18.29.021, 18.29.045, 18.29.056, 18.29.100, 18.29.110, 18.29.120, 18.29.130, 18.29.140, 18.29.150, 18.29.160, 18.29.170, 18.29.180, 18.29.190, 18.29.210, 18.29.220, 18.32.0357, and 43.70.650; reenacting and amending RCW 18.130.040 and 18.130.040; providing effective dates; and providing an expiration date.

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

Sec. 1   RCW 18.29.005 and 1969 c 47 s 6 are each amended to read as follows:
     ((The term)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Board" means the board of dental hygiene established in RCW 18.29.110.
     (2) "Department" means the department of health.
     (3) "Secretary" means the secretary of health.
     (4) "Surfaces of the teeth" ((as used in this chapter)) means the portions of the crown and root surface to which there is no periodontal membrane attached.

Sec. 2   RCW 18.29.021 and 1996 c 191 s 10 are each amended to read as follows:
     (1) The department shall issue a license to any applicant who, as determined by the ((secretary)) board:
     (a) Has successfully completed an educational program approved by the ((secretary)) board. This educational program shall include coursework encompassing the subject areas within the scope of the license to practice dental hygiene in the state of Washington;
     (b) Has successfully completed an examination administered or approved by the ((dental hygiene examining committee)) board; and
     (c) Has not engaged in unprofessional conduct or is not unable to practice with reasonable skill and safety as a result of a physical or mental impairment.
     (2) Applications for licensure must comply with administrative procedures, administrative requirements, and fees established according to RCW 43.70.250 and 43.70.280.

Sec. 3   RCW 18.29.045 and 1991 c 3 s 47 are each amended to read as follows:
     An applicant holding a valid license and currently engaged in practice in another state may be granted a license without examination required by this chapter, on the payment of any required fees, if the ((secretary in consultation with the advisory committee)) board determines that the other state's licensing standards are substantively equivalent to the standards in this state: PROVIDED, That the ((secretary in consultation with the advisory committee)) board may require the applicant to: (1) File with the ((secretary)) board documentation certifying the applicant is licensed to practice in another state; and (2) provide information as the ((secretary)) board deems necessary pertaining to the conditions and criteria of the uniform disciplinary act, chapter 18.130 RCW and to demonstrate to the ((secretary)) board a knowledge of Washington law pertaining to the practice of dental hygiene.

Sec. 4   RCW 18.29.056 and 2013 c 87 s 2 are each amended to read as follows:
     (1)(a) Subject to RCW 18.29.230 and (e) of this subsection, dental hygienists licensed under this chapter with two years' practical clinical experience with a licensed dentist within the preceding five years may be employed, retained, or contracted by health care facilities and senior centers to perform authorized dental hygiene operations and services without dental supervision.
     (b) Subject to RCW 18.29.230 and (e) of this subsection, dental hygienists licensed under this chapter with two years' practical clinical experience with a licensed dentist within the preceding five years may perform authorized dental hygiene operations and services without dental supervision under a lease agreement with a health care facility or senior center.
     (c) Dental hygienists performing operations and services under (a) or (b) of this subsection are limited to removal of deposits and stains from the surfaces of the teeth, application of topical preventive or prophylactic agents, application of topical anesthetic agents, polishing and smoothing restorations, and performance of root planing and soft-tissue curettage, but shall not perform injections of anesthetic agents, administration of nitrous oxide, or diagnosis for dental treatment.
     (d) The performance of dental hygiene operations and services in health care facilities shall be limited to patients, students, and residents of the facilities.
     (e) A dental hygienist employed, retained, or contracted to perform services under this section or otherwise performing services under a lease agreement under this section in a senior center must, before providing services:
     (i) Enter into a written practice arrangement plan, approved by the ((department)) board, with a dentist licensed in this state, under which the dentist will provide off-site supervision of the dental services provided. This agreement does not create an obligation for the dentist to accept referrals of patients receiving services under the program;
     (ii) Collect data on the patients treated by dental hygienists under the program, including age, treatments rendered, insurance coverage, if any, and patient referral to dentists. This data must be submitted to the ((department of health)) board at the end of each annual quarter, during the period of time between October 1, 2007, and October 1, 2013; and
     (iii) Obtain information from the patient's primary health care provider about any health conditions of the patient that would be relevant to the provision of preventive dental care. The information may be obtained by the dental hygienist's direct contact with the provider or through a written document from the provider that the patient presents to the dental hygienist.
     (f) For dental planning and dental treatment, dental hygienists shall refer patients to licensed dentists.
     (2) For the purposes of this section:
     (a) "Health care facilities" are limited to hospitals; nursing homes; home health agencies; group homes serving the elderly, individuals with disabilities, and juveniles; state-operated institutions under the jurisdiction of the department of social and health services or the department of corrections; and federal, state, and local public health facilities, state or federally funded community and migrant health centers, and tribal clinics.
     (b) "Senior center" means a multipurpose community facility operated and maintained by a nonprofit organization or local government for the organization and provision of a combination of some of the following: Health, social, nutritional, educational services, and recreational activities for persons sixty years of age or older.

Sec. 5   RCW 18.29.100 and 1991 c 3 s 50 are each amended to read as follows:
     Any person who shall violate any provision of this chapter shall be guilty of a misdemeanor. It shall be the duty of the prosecuting attorney of each county to prosecute all cases involving a violation of this chapter arising within his or her county. The attorney general may assist in such prosecutions and shall appear at all hearings when requested to do so by the ((secretary of health)) board.

Sec. 6   RCW 18.29.110 and 1991 c 3 s 51 are each amended to read as follows:
     There shall be a board of dental hygiene ((examining committee)) consisting of ((three)) four practicing dental hygienists, and one public member, appointed by the ((secretary)) governor, to be known as the Washington board of dental hygiene ((examining committee)). Each dental hygiene member shall be licensed and have been actively practicing dental hygiene for a period of not less than five years immediately before appointment and shall not be connected with any dental hygiene school. The public member shall not be connected with any dental hygiene program or engaged in any practice or business related to dental hygiene. Members of the ((committee)) board shall be appointed by the ((secretary)) governor to prepare and conduct examinations for dental hygiene licensure and perform other duties as specified in this chapter. Members shall be appointed to serve for terms of three years from October 1 of the year in which they are appointed. Terms of the members shall be staggered. Each member shall hold office for the term of his or her appointment and until his or her successor is appointed and qualified. Any member of the ((committee)) board may be removed by the ((secretary)) governor for neglect of duty, misconduct, malfeasance, or misfeasance in office, after being given a written statement of the charges against him or her and sufficient opportunity to be heard thereon. Members of the ((committee)) board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

Sec. 7   RCW 18.29.120 and 1995 c 198 s 5 are each amended to read as follows:
     The ((secretary in consultation with the Washington dental hygiene examining committee)) board shall:
     (1) Adopt rules in accordance with chapter 34.05 RCW necessary to ((prepare and conduct examinations for dental hygiene licensure)) implement this chapter;
     (2) Require an applicant for licensure to pass an examination consisting of written and practical tests upon such subjects and of such scope as the ((committee)) board determines;
     (3) Set the standards for passage of the examination;
     (4) Administer at least two examinations each calendar year. Additional examinations may be given as necessary; ((and))
     (5) Establish by rule the procedures for an appeal of an examination failure;
     (6) Establish by rule the minimum education requirements for licensure, including, but not limited to, approval of educational programs; and
     (7) Establish and implement by rule a continuing education program.

Sec. 8   RCW 18.29.130 and 1991 c 3 s 53 are each amended to read as follows:
     In addition to any other authority provided by law, the secretary may:
     (1) Adopt rules in accordance with chapter 34.05 RCW necessary to implement this chapter;
     (2) Establish forms necessary to administer this chapter;
     (3) Issue a license to any applicant who has met the education and examination requirements for licensure and deny a license to applicants who do not meet the minimum qualifications for licensure. Proceedings concerning the denial of licenses based on unprofessional conduct or impaired practice shall be governed by the uniform disciplinary act, chapter 18.130 RCW;
     (4) Employ clerical, administrative, and investigative staff as needed to implement and administer this chapter and hire individuals, including those licensed under this chapter, to serve as examiners or consultants as necessary to implement and administer this chapter; and
     (5) Maintain the official departmental record of all applicants and licensees((;
     (6) Establish, by rule, the minimum education requirements for licensure, including but not limited to approval of educational programs; and
     (7) Establish and implement by rule a continuing education program)).

Sec. 9   RCW 18.29.140 and 1991 c 3 s 54 are each amended to read as follows:
     The ((secretary)) board shall establish by rule the standards and procedures for approval of educational programs and may contract with individuals or organizations having expertise in the profession or in education to report to the ((secretary)) board information necessary for the ((secretary)) board to evaluate the educational programs. The secretary may establish a fee for educational program evaluation. The fee shall be set to defray the administrative costs for evaluating the educational program, including, but not limited to, costs for site evaluation.

Sec. 10   RCW 18.29.150 and 1991 c 3 s 55 are each amended to read as follows:
     (1) The ((secretary)) board shall establish the date and location of the examination. Applicants who meet the education requirements for licensure shall be scheduled for the next examination following the filing of the application. The ((secretary)) board shall establish by rule the examination application deadline.
     (2) The examination shall contain subjects appropriate to the scope of practice and on laws in the state of Washington regulating dental hygiene practice.
     (3) The ((committee)) board shall establish by rule the requirements for a reexamination if the applicant has failed the examination.
     (4) The ((committee)) board may approve an examination prepared or administered by a private testing agency or association of licensing authorities.

Sec. 11   RCW 18.29.160 and 1991 c 3 s 56 are each amended to read as follows:
     The secretary, members of the ((committee)) board, and individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any acts performed in the course of their duties.

Sec. 12   RCW 18.29.170 and 1989 c 202 s 9 are each amended to read as follows:
     The ((committee)) board shall meet at least ((once)) four times a year and at such times as may be necessary for the transaction of business.
     A majority of the ((committee)) board shall constitute a quorum.
     A vacancy in the ((committee)) board membership shall not impair the right of the remaining members of the ((committee)) board to exercise any power or to perform any duty of the ((committee)) board, so long as the power is exercised or the duty performed by a quorum of the ((committee)) board.
     The board shall meet at least once a year with the dental quality assurance commission to discuss issues of mutual interest to both disciplining authorities.

Sec. 13   RCW 18.29.180 and 2004 c 262 s 4 are each amended to read as follows:
     The following practices, acts, and operations are excepted from the operation of this chapter:
     (1) The practice of dental hygiene in the discharge of official duties by dental hygienists in the United States armed services, coast guard, public health services, veterans' bureau, or bureau of Indian affairs;
     (2) Dental hygiene programs approved by the ((secretary)) board and the practice of dental hygiene by students in dental hygiene programs approved by the ((secretary)) board, when acting under the direction and supervision of persons licensed under chapter 18.29 or 18.32 RCW acting as instructors;
     (3) The practice of dental hygiene by students in accredited dental hygiene educational programs when acting under the direction and supervision of instructors licensed under chapter 18.29 or 18.32 RCW.

Sec. 14   RCW 18.29.190 and 2006 c 66 s 1 are each amended to read as follows:
     (1) The department shall issue an initial limited license without the examination required by this chapter to any applicant who, as determined by the ((secretary)) board:
     (a) Holds a valid license in another state that allows a substantively equivalent scope of practice in subsection (3)(a) through (j) of this section;
     (b) Is currently engaged in active practice in another state. For the purposes of this section, "active practice" means five hundred sixty hours of practice in the preceding twenty-four months;
     (c) Files with the ((secretary)) board documentation certifying that the applicant:
     (i) Has graduated from an accredited dental hygiene school approved by the ((secretary)) board;
     (ii) Has successfully completed the dental hygiene national board examination; and
     (iii) Is licensed to practice in another state;
     (d) Provides information as the ((secretary)) board deems necessary pertaining to the conditions and criteria of the uniform disciplinary act, chapter 18.130 RCW;
     (e) Demonstrates to the ((secretary)) board a knowledge of Washington state law pertaining to the practice of dental hygiene, including the administration of legend drugs;
     (f) Pays any required fees; and
     (g) Meets requirements for AIDS education.
     (2) The term of the initial limited license issued under this section is eighteen months and it is renewable upon:
     (a) Demonstration of successful passage of a substantively equivalent dental hygiene patient evaluation/prophylaxis examination;
     (b) Demonstration of successful passage of a substantively equivalent local anesthesia examination; and
     (c) Demonstration of didactic and clinical competency in the administration of nitrous oxide analgesia.
     (3) A person practicing with an initial limited license granted under this section has the authority to perform hygiene procedures that are limited to:
     (a) Oral inspection and measuring of periodontal pockets;
     (b) Patient education in oral hygiene;
     (c) Taking intra-oral and extra-oral radiographs;
     (d) Applying topical preventive or prophylactic agents;
     (e) Polishing and smoothing restorations;
     (f) Oral prophylaxis and removal of deposits and stains from the surface of the teeth;
     (g) Recording health histories;
     (h) Taking and recording blood pressure and vital signs;
     (i) Performing subgingival and supragingival scaling; and
     (j) Performing root planing.
     (4)(a) A person practicing with an initial limited license granted under this section may not perform the following dental hygiene procedures unless authorized in (b) or (c) of this subsection:
     (i) Give injections of local anesthetic;
     (ii) Place restorations into the cavity prepared by a licensed dentist and afterwards carve, contour, and adjust contacts and occlusion of the restoration;
     (iii) Soft tissue curettage; or
     (iv) Administer nitrous oxide/oxygen analgesia.
     (b) A person licensed in another state who can demonstrate substantively equivalent licensing standards in the administration of local anesthetic may receive a temporary endorsement to administer local anesthesia. For purposes of the renewed limited license, this endorsement demonstrates the successful passage of the local anesthesia examination.
     (c) A person licensed in another state who can demonstrate substantively equivalent licensing standards in restorative procedures may receive a temporary endorsement for restorative procedures.
     (5)(a) A person practicing with a renewed limited license granted under this section may:
     (i) Perform hygiene procedures as provided under subsection (3) of this section;
     (ii) Give injections of local anesthetic;
     (iii) Perform soft tissue curretage; and
     (iv) Administer nitrous oxide/oxygen analgesia.
     (b) A person practicing with a renewed limited license granted under this section may not place restorations into the cavity prepared by a licensed dentist and afterwards carve, contour, and adjust contacts and occlusion of the restoration.

Sec. 15   RCW 18.29.210 and 1993 c 323 s 4 are each amended to read as follows:
     The ((secretary in consultation with the dental hygiene examining committee)) board shall develop rules and definitions to implement this chapter.

Sec. 16   RCW 18.29.220 and 2009 c 321 s 2 are each amended to read as follows:
     For low-income, rural, and other at-risk populations and in coordination with local public health jurisdictions and local oral health coalitions, a dental hygienist licensed in this state may assess for and apply sealants and apply fluoride varnishes, and may remove deposits and stains from the surfaces of teeth in community-based sealant programs carried out in schools:
     (1) Without attending the ((department's)) board's school sealant endorsement program if the dental hygienist was licensed as of April 19, 2001; or
     (2) If the dental hygienist is school sealant endorsed under RCW 43.70.650.
     A hygienist providing services under this section must collect data on patients treated, including age, treatment rendered, methods of reimbursement for treatment, evidence of coordination with local public health jurisdictions and local oral health coalitions, and patient referrals to dentists. This data must be submitted to the ((department of health)) board at the end of each annual quarter, during the period of time between October 1, 2007, and October 1, 2013.

Sec. 17   RCW 18.32.0357 and 1999 c 364 s 2 are each amended to read as follows:
     The commission shall elect officers each year. Meetings of the commission are open to the public, except the commission may hold executive sessions to the extent permitted by chapter 42.30 RCW. The secretary of health shall furnish such secretarial, clerical, and other assistance as the commission may require.
     A majority of the commission members appointed and serving constitutes a quorum for the transaction of commission business. The affirmative vote of a majority of a quorum of the commission is required to carry a motion or resolution, to adopt a rule, or to pass a measure.
     The commission may appoint members of panels consisting of not less than three members. A quorum for transaction of any business shall be a minimum of three members. A majority vote of a quorum of the panel is required to transact business delegated to it by the commission.
     The members of the commission are immune from suit in an action, civil or criminal, based upon its disciplinary proceedings or other official acts performed in good faith as members of the commission.
     The commission may, whenever the workload of the commission requires, request that the secretary appoint pro tempore members. While serving as members pro tempore persons have all the powers, duties, and immunities, and are entitled to the emoluments, including travel expenses, of the commission.
     The commission shall prepare or determine the nature of the examinations for applicants to practice dentistry.
     The commission shall establish continuing dental education requirements.
     The attorney general shall advise the commission and represent it in all legal proceedings.
     The commission shall meet at least once a year with the board of dental hygiene to discuss issues of mutual interest to both disciplining authorities.

Sec. 18   RCW 18.130.040 and 2013 c 171 s 7 and 2013 c 19 s 44 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 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 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))) (vi) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW;
     (((viii))) (vii) Respiratory care practitioners licensed under chapter 18.89 RCW;
     (((ix))) (viii) Hypnotherapists and agency affiliated counselors registered and advisors and counselors certified under chapter 18.19 RCW;
     (((x))) (ix) 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))) (x) Persons registered as nursing pool operators under chapter 18.52C RCW;
     (((xii))) (xi) Nursing assistants registered or certified or medication assistants endorsed under chapter 18.88A RCW;
     (((xiii))) (xii) Health care assistants certified under chapter 18.135 RCW;
     (((xiv))) (xiii) Dietitians and nutritionists certified under chapter 18.138 RCW;
     (((xv))) (xiv) Chemical dependency professionals and chemical dependency professional trainees certified under chapter 18.205 RCW;
     (((xvi))) (xv) Sex offender treatment providers and certified affiliate sex offender treatment providers certified under chapter 18.155 RCW;
     (((xvii))) (xvi) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205;
     (((xviii))) (xvii) Orthotists and prosthetists licensed under chapter 18.200 RCW;
     (((xix))) (xviii) Surgical technologists registered under chapter 18.215 RCW;
     (((xx))) (xix) Recreational therapists registered under chapter 18.230 RCW;
     (((xxi))) (xx) Animal massage practitioners certified under chapter 18.240 RCW;
     (((xxii))) (xxi) Athletic trainers licensed under chapter 18.250 RCW;
     (((xxiii))) (xxii) Home care aides certified under chapter 18.88B RCW;
     (((xxiv))) (xxiii) Genetic counselors licensed under chapter 18.290 RCW;
     (((xxv))) (xxiv) Reflexologists certified under chapter 18.108 RCW; and
     (((xxvi))) (xxv) Medical assistants-certified, medical assistants-hemodialysis technician, medical assistants-phlebotomist, and medical assistants-registered certified and registered under chapter 18.360 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, licenses and registrations issued under chapter 18.260 RCW, and certifications issued under chapter 18.350 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 pharmacy quality assurance commission 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;
     (xv) The board of naturopathy established in chapter 18.36A RCW; ((and))
     (xvi) The board of denturists established in chapter 18.30 RCW; and
     (xvii) The board of dental hygiene established in chapter 18.29 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.

Sec. 19   RCW 18.130.040 and 2013 c 171 s 8 and 2013 c 19 s 45 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 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 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))) (vi) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW;
     (((viii))) (vii) Respiratory care practitioners licensed under chapter 18.89 RCW;
     (((ix))) (viii) Hypnotherapists and agency affiliated counselors registered and advisors and counselors certified under chapter 18.19 RCW;
     (((x))) (ix) 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))) (x) Persons registered as nursing pool operators under chapter 18.52C RCW;
     (((xii))) (xi) Nursing assistants registered or certified or medication assistants endorsed under chapter 18.88A RCW;
     (((xiii))) (xii) Dietitians and nutritionists certified under chapter 18.138 RCW;
     (((xiv))) (xiii) Chemical dependency professionals and chemical dependency professional trainees certified under chapter 18.205 RCW;
     (((xv))) (xiv) Sex offender treatment providers and certified affiliate sex offender treatment providers certified under chapter 18.155 RCW;
     (((xvi))) (xv) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205;
     (((xvii))) (xvi) Orthotists and prosthetists licensed under chapter 18.200 RCW;
     (((xviii))) (xvii) Surgical technologists registered under chapter 18.215 RCW;
     (((xix))) (xviii) Recreational therapists registered under chapter 18.230 RCW;
     (((xx))) (xix) Animal massage practitioners certified under chapter 18.240 RCW;
     (((xxi))) (xx) Athletic trainers licensed under chapter 18.250 RCW;
     (((xxii))) (xxi) Home care aides certified under chapter 18.88B RCW;
     (((xxiii))) (xxii) Genetic counselors licensed under chapter 18.290 RCW;
     (((xxiv))) (xxiii) Reflexologists certified under chapter 18.108 RCW; and
     (((xxv))) (xxiv) Medical assistants-certified, medical assistants-hemodialysis technician, medical assistants-phlebotomist, and medical assistants-registered certified and registered under chapter 18.360 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, licenses and registrations issued under chapter 18.260 RCW, and certifications issued under chapter 18.350 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 pharmacy quality assurance commission 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;
     (xv) The board of naturopathy established in chapter 18.36A RCW; ((and))
     (xvi) The board of denturists established in chapter 18.30 RCW; and
     (xvii) The board of dental hygiene established in chapter 18.29 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.

Sec. 20   RCW 43.70.650 and 2001 c 93 s 2 are each amended to read as follows:
     The ((secretary)) board of dental hygiene is authorized to create a school sealant endorsement program for dental hygienists and dental assistants. The ((secretary of health)) board, in consultation with the dental quality assurance commission ((and the dental hygiene examining committee)), shall adopt rules to implement this section.
     (1) A dental hygienist licensed in this state after April 19, 2001, is eligible to apply for endorsement by the ((department of health)) board as a school sealant dental hygienist upon completion of the Washington state school sealant endorsement program. While otherwise authorized to act, currently licensed hygienists may still elect to apply for the endorsement.
     (2) A dental assistant employed after April 19, 2001, by a dentist licensed in this state, who has worked under dental supervision for at least two hundred hours, is eligible to apply for endorsement by the ((department of health)) board as a school sealant dental assistant upon completion of the Washington state school sealant endorsement program. While otherwise authorized to act, currently employed dental assistants may still elect to apply for the endorsement.
     (3) The department may impose a fee for implementation of this section.
     (4) The secretary shall provide a report to the legislature by December 1, 2005, evaluating the outcome of chapter 93, Laws of 2001.

NEW SECTION.  Sec. 21   Section 18 of this act expires July 1, 2016.

NEW SECTION.  Sec. 22   Section 19 of this act takes effect July 1, 2016.

NEW SECTION.  Sec. 23   Sections 1 through 18 and 20 of this act take effect January 1, 2015.