AN ACT Relating to licenses for massage practitioners; amending RCW 18.108.070, 18.108.073, and 18.108.095; and repealing RCW 18.108.100 and 18.108.130.

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

Sec. 1. Section 7, chapter 280, Laws of 1975 1st ex. sess. as amended by section 7, chapter 443, Laws of 1987 and RCW 18.108.070 are each amended to read as follows:

The director shall issue a massage practitioner's license to an applicant who demonstrates to the director's satisfaction that the following requirements have been met:

(1) Effective ((~~June 1, 1988~~)) January 1, 1990, successful completion of a course of study in an approved massage program or approved apprenticeship program;

(2) Successful completion of an examination administered or approved by the board; and

(3) 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.

The director may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria for licensure provided for in this chapter and chapter 18.130 RCW. The director 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. 2. Section 8, chapter 443, Laws of 1987 and RCW 18.108.073 are each amended to read as follows:

(1) The date and location of the examination shall be established by the director. Applicants who demonstrate to the director's satisfaction that the following requirements have been met shall be scheduled for the next examination following the filing of the application:

(a) Effective ((~~June 1, 1988~~)) January 1, 1990, successful completion of a course of study in an approved massage program; or

(b) Effective ((~~June 1, 1988~~)) January 1, 1990, successful completion of an apprenticeship program established by the board; and

In addition, completed and approved applications shall be received sixty days before the scheduled examination.

(2) The board or its designee shall examine each applicant in a written and practical 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) The examination papers, all grading of examinations, and the grading of any practical work, 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 director.

(4) An 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 director as provided in RCW 43.24.086. Upon failure of three examinations, the director 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 applicant in meeting the licensing requirement.

Sec. 3. Section 12, chapter 443, Laws of 1987 and RCW 18.108.095 are each amended to read as follows:

An applicant holding a license or equivalent in another state or territory of the United States, local jurisdiction of any state or territory, or foreign jurisdiction may be granted a Washington license without examination, if, in the opinion of the board, the other state's, territory's, local jurisdiction's, or foreign jurisdiction's examination and educational requirements are substantially equivalent to Washington's as of May 31, 1988: PROVIDED, That the applicant demonstrates 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. The provisions of this section shall be liberally construed.

NEW SECTION. Sec. 4. The following acts or parts of acts are each repealed:

(1) Section 11, chapter 280, Laws of 1975 1st ex. sess. and RCW 18.108.100; and

(2) Section 14, chapter 280, Laws of 1975 1st ex. sess. and RCW 18.108.130.