2504-S AMS LAB S5477.1
SHB 2504 - S COMM AMD
By Committee on Labor & Commerce
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 18.145.005 and 1989 c 382 s 1 are each amended to read as follows:
The legislature finds
it necessary to regulate the practice of ((shorthand reporting or))
court reporting at the level of certification to protect the public safety and
well-being. The legislature intends that only individuals who meet and
maintain minimum standards of competence may represent themselves as ((shorthand
or)) court reporters.
Sec. 2. RCW 18.145.010 and 1989 c 382 s 2 are each amended to read as follows:
(1) No person may ((represent
himself or herself)) practice as a ((shorthand reporter or a))
court reporter without first obtaining a certificate as required by this
chapter.
(2) A person represents
himself or herself to be a ((shorthand reporter or)) court reporter when
the person adopts or uses any title or description of services that
incorporates one or more of the following terms: "Shorthand
reporter," "court reporter," "certified shorthand
reporter," ((or)) "certified court reporter," or
"certified stenomask reporter."
Sec. 3. RCW 18.145.020 and 1989 c 382 s 3 are each amended to read as follows:
The (("))practice
of ((shorthand reporting or)) court reporting((")) means the
making by means of written symbols or abbreviations in shorthand or machine
writing or oral recording by a stenomask reporter of a verbatim record
of any oral court proceeding, deposition, or proceeding before a jury, referee,
court commissioner, special master, governmental entity, or administrative
agency and the producing of a transcript from the proceeding.
Sec. 4. RCW 18.145.030 and 1989 c 382 s 4 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of licensing.
(2) "Director" means the director of licensing.
(3) (("Shorthand
reporter" and)) "Court reporter" means an
individual certified under this chapter.
(4) "Board" means the Washington state shorthand reporter advisory board.
Sec. 5. RCW 18.145.040 and 1989 c 382 s 5 are each amended to read as follows:
Nothing in this chapter prohibits or restricts:
(1) The practice of ((a
profession)) court reporting by individuals who are licensed,
certified, or registered as a court reporter under other laws of this
state and who are performing services within their authorized scope of
practice;
(2) The practice of ((shorthand))
court reporting by an individual employed by the government of the
United States while the individual is performing duties prescribed by the laws
and regulations of the United States; ((or))
(3) The practice of
court reporting or use of the title certified court reporter by stenomaskers
who are practicing as of September 1, 1989((.
Nothing in this
chapter shall be construed to prohibit)); or
(4) The introduction of alternate technology in the court reporting practice.
Sec. 6. RCW 18.145.050 and 1989 c 382 s 6 are each amended to read as follows:
In addition to any other authority provided by law, the director may:
(1) Adopt rules in accordance with chapter 34.05 RCW that are necessary to implement this chapter;
(2) Set all ((certification
examination,)) renewal, late renewal, duplicate, and verification fees in
accordance with RCW 43.24.086;
(3) Establish the forms and procedures necessary to administer this chapter;
(4) Issue a certificate to any applicant who has met the requirements for certification;
(5) Hire clerical, administrative, and investigative staff as needed to implement and administer this chapter;
(6) Investigate
complaints or reports of unprofessional conduct as defined in this chapter and
hold hearings ((pursuant to)) under chapter 34.05 RCW;
(7) Issue subpoenas for records and attendance of witnesses, statements of charges, statements of intent to deny certificates, and orders; administer oaths; take or cause depositions to be taken; and use other discovery procedures as needed in any investigation, hearing, or proceeding held under this chapter;
(8) Maintain the official departmental record of all applicants and certificate holders;
(9) Delegate, in writing to a designee, the authority to issue subpoenas, statements of charges, and statements of intent to deny certification;
(10) ((Prepare and
administer or)) Approve the preparation and administration of
examinations for certification;
(11) ((Establish by
rule the procedures for an appeal of a failure of an examination;
(12))) Conduct a hearing under chapter 34.05 RCW on
an appeal of a denial of a certificate based on the applicant's failure to meet
minimum qualifications for certification;
(12) Set the criteria for meeting the standard required for certification.
Sec. 7. RCW 18.145.080 and 1989 c 382 s 9 are each amended to read as follows:
(((1))) The
department shall issue a certificate to any applicant who((, as determined
by the director upon advice of the board, has:
(a) Successfully
completed an examination approved by the director;
(b) Good moral
character;
(c) Not engaged in
unprofessional conduct; and
(d) Not been
determined to be unable to practice with reasonable skill and safety as a
result of a physical or mental impairment.
(2) A one-year
temporary certificate may be issued, at the discretion of the director, to a
person holding one of the following: National shorthand reporters association
certificate of proficiency, registered professional reporter certificate, or
certificate of merit; a current court or shorthand reporter certification,
registration, or license of another state; or a certificate of graduation of a
court reporting school. To continue to be certified under this chapter, a
person receiving a temporary certificate shall successfully complete the
examination under subsection (1)(a) of this section within one year of
receiving the temporary certificate, except that the director may renew the
temporary certificate if extraordinary circumstances are shown.
(3) The examination
required by subsection (1)(a) of this section shall be no more difficult than
the examination provided by the court reporter examining committee as
authorized by RCW 2.32.180)) met
the standards of this chapter and who has passed or is holding one of the
following:
(1) National court reporters association or national stenomask verbatim reporters association certificate of proficiency, registered professional reporter certificate, or certificate of merit;
(2) A nationally recognized examination with equal or higher standards;
(3) A current Washington state court reporter certification; or
(4) An examination approved by the director.
Sec. 8. RCW 18.145.090 and 1989 c 382 s 10 are each amended to read as follows:
Applications for
certification shall be submitted on forms provided by the department. The
department may require information and documentation to determine whether the
applicant meets the ((criteria)) standard for certification as
provided in this chapter. Each applicant shall pay a fee determined by the
director as provided in RCW 43.24.086 which shall accompany the application.
Sec. 9. RCW 18.145.100 and 1989 c 382 s 11 are each amended to read as follows:
The director shall
establish by rule the requirements and the renewal and late renewal fees for
certification. Failure to renew the certificate on or before the expiration
date cancels all privileges granted by the certificate. ((If an individual
desires to reinstate a certificate which had not been renewed for three years
or more, the individual shall satisfactorily demonstrate continued competence
in conformance with standards determined by the director.))
Sec. 10. RCW 18.145.120 and 1989 c 382 s 13 are each amended to read as follows:
After a hearing conducted under chapter 34.05 RCW and upon a finding that a certificate holder or applicant has committed unprofessional conduct or is unable to practice with reasonable skill and safety due to a physical or mental condition, the director may issue an order providing for one or any combination of the following:
(1) Revocation of the certification;
(2) Suspension of the certificate for a fixed or indefinite term;
(3) Restriction or limitation of the practice;
(4) Requiring the satisfactory completion of a specific program or remedial education;
(5) The monitoring of the practice by a supervisor approved by the director;
(6) Censure or reprimand;
(7) Compliance with
conditions ((or)) of probation for a designated period of time;
(8) Denial of the certification request;
(9) Corrective action;
(10) Refund of fees billed to or collected from the consumer.
Any of the actions under this section may be totally or partly stayed by the director. In determining what action is appropriate, the director shall consider sanctions necessary to protect the public, after which the director may consider and include in the order requirements designed to rehabilitate the certificate holder or applicant. All costs associated with compliance to orders issued under this section are the obligation of the certificate holder or applicant.
Sec. 11. RCW 18.145.130 and 1989 c 382 s 14 are each amended to read as follows:
The following conduct, acts, or conditions constitute unprofessional conduct for any certificate holder or applicant under the jurisdiction of this chapter:
(1) The commission of
any act involving moral turpitude, dishonesty, or corruption relating to the
practice of ((shorthand)) court reporting, whether or not the act
constitutes a crime. If the act constitutes a crime, conviction in a criminal
proceeding is not a condition precedent to disciplinary action;
(2) Misrepresentation
or concealment of a material fact in obtaining ((or in seeking reinstatement
of)) a certificate;
(3) Advertising in a false, fraudulent, or misleading manner;
(4) Incompetence or negligence;
(5) Suspension,
revocation, or restriction of the individual's certificate, registration, or
license to practice ((shorthand)) court reporting by a regulatory
authority in any state, federal, or foreign jurisdiction;
(6) Violation of any state or federal statute or administrative rule regulating the profession;
(7) Failure to cooperate in an inquiry, investigation, or disciplinary action by:
(a) Not furnishing papers or documents;
(b) Not furnishing in writing a full and complete explanation of the matter contained in the complaint filed with the director;
(c) Not responding to subpoenas issued by the director, regardless of whether the recipient of the subpoena is the accused in the proceeding;
(8) Failure to comply with an order issued by the director or an assurance of discontinuance entered into with the director;
(9) Misrepresentation or fraud in any aspect of the conduct of the business or profession;
(10) Conviction of any gross misdemeanor or felony relating to the practice of the profession. For the purpose of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended. Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW.
Sec. 12. RCW 18.145.900 and 1989 c 382 s 15 are each amended to read as follows:
This chapter may be
known and cited as the ((shorthand)) court reporting practice
act.
NEW SECTION. Sec. 13. RCW 18.145.110 and 1989 c 382 s 12 are each repealed."
SHB 2504 - S COMM AMD
By Committee on Labor & Commerce
On page 1, line 1 of the title, after "reporting;" strike the remainder of the title and insert "amending RCW 18.145.005, 18.145.010, 18.145.020, 18.145.030, 18.145.040, 18.145.050, 18.145.080, 18.145.090, 18.145.100, 18.145.120, 18.145.130, and 18.145.900; and repealing RCW 18.145.110."
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