AN ACT Relating to
funeral director and embalmer disciplinary procedures; amending RCW 18.130.040;
reenacting and amending RCW 18.39.175; adding new sections to chapter 18.39
RCW; repealing RCW 18.39.178; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 18.39.175 and 1986 c
259 s 64 and 1985 c 402 s 6 are each reenacted and amended to read as follows:
Each member of the
board of funeral directors and embalmers shall be compensated in accordance
with RCW 43.03.240 and shall be reimbursed for travel expenses in connection
with board duties in accordance with RCW 43.03.050 and 43.03.060.
The state board of
funeral directors and embalmers shall have the following duties and
responsibilities:
(1) To be responsible
for the preparation, conducting, and grading of examinations of applicants for
funeral director and embalmer licenses;
(2) To certify to the
director the results of examinations of applicants and certify the applicant as
having "passed" or "failed";
(3) To make findings
and recommendations to the director on any and all matters relating to the
enforcement of this chapter;
(4) To adopt,
promulgate, and enforce reasonable rules. Rules regulating the cremation of
human remains and establishing fees and permit requirements shall be adopted in
consultation with the cemetery board; ((and))
(5) To examine or audit
or to direct the examination and audit of prearrangement funeral service trust
fund records for compliance with this chapter and rules adopted by the board((.));
and
(6) ((To conduct
disciplinary proceedings under chapter 18.130 RCW if the licensee has violated
that chapter or has committed unprofessional conduct, which includes:
(a) Solicitation of
human dead bodies by the licensee, his agents, assistants or employees, whether
the solicitation occurs after death or while death is impending. This chapter
does not prohibit general advertising or the sale of pre-need funeral plans;
(b) Employment by
the licensee of persons known as "cappers," "steerers," or
"solicitors" or other persons to obtain funeral directing or
embalming business;
(c) Employment
directly or indirectly of any person for the purpose of calling upon
individuals or institutions by whose influence dead human bodies may be turned
over to a particular funeral director or embalmer;
(d) The buying of
business by the licensee, his agents, assistants or employees, or the direct or
indirect payment or offer of payment of a commission by the licensee, his
agents, assistants, or employees, for the purpose of securing business;
(e) Solicitation or
acceptance by a licensee of any commission or bonus or rebate in consideration
of recommending or causing a dead human body to be disposed of in any
crematory, mausoleum, or cemetery;
(f) Using any casket
or part of a casket which has previously been used as a receptacle for, or in
connection with, the burial or other disposition of a dead human body without
the written consent of next of kin;
(g) Violation of any
state law or municipal or county ordinance or regulation affecting the
handling, custody, care, or transportation of dead human bodies;
(h) Refusing to
promptly surrender the custody of a dead human body upon the express order of
the person lawfully entitled to its custody;
(i) Selling, or
offering for sale, a share, certificate, or an interest in the business of any
funeral director or embalmer, or in any corporation, firm, or association
owning or operating a funeral establishment, which promises or purports to give
to purchasers a right to the services of the funeral director, embalmer, or
corporation, firm, or association at a charge or cost less than that offered or
given to the public; or
(j) Knowingly
concealing information concerning a violation of this chapter;
(7))) To adopt rules establishing mandatory
continuing education requirements to be met by persons applying for license
renewal.
NEW SECTION. Sec.
2. In addition to the authority
specified in this chapter, the board has the following additional authority
concerning disciplinary hearings:
(1) To issue subpoenas
and administer oaths in connection with any investigation, hearing, or
proceeding held under this chapter;
(2) To take or cause to
be taken depositions and use other discovery procedures as needed in any
investigation, hearing, or proceeding held under this chapter;
(3) To compel
attendance of witnesses at hearings;
(4) To take emergency
action ordering summary suspension of a license, registration, endorsement, or
permit, or restriction or limitation of the licensee's, registrant's, or
endorsement or permit holder's practice pending proceedings by the board;
(5) To use the office
of administrative hearings as authorized in chapter 34.12 RCW to conduct
hearings. However, the board shall make the final decision regarding
disposition of the license, registration, endorsement, or permit;
(6) To use individual
members of the board to direct investigations. However, a member of the board
used to direct an investigation may not subsequently participate in the hearing
of the case;
(7) To enter into
contracts for professional services determined to be necessary for adequate
enforcement of this chapter;
(8) To contract with
licensees, registrants, or endorsement or permit holders, or other persons or
organizations to provide services necessary for the monitoring and supervision
of licensees, registrants, or endorsement or permit holders who are placed on
probation, whose professional activities are restricted, or who are for an
authorized purpose subject to monitoring by the board;
(9) To adopt rules for
standards of professional conduct or practice;
(10) To grant or deny
license, registration, endorsement, or permit applications, and in the event of
a finding of unprofessional conduct by an applicant or license, registration,
endorsement, or permit holder, to impose a sanction against a license,
registration, endorsement, or permit applicant or license, registration, endorsement,
or permit holder provided by this chapter;
(11) To enter into an
assurance of discontinuance in lieu of issuing a statement of charges or
conducting a hearing. The assurance must consist of a statement of the law in
question and an agreement to not violate the stated provision. The applicant
or license, registration, endorsement, or permit holder may not be required to
admit to a violation of the law, nor is the assurance such an admission.
Violation of an assurance under this section is grounds for disciplinary
action;
(12) To designate
individuals authorized to sign subpoenas and statements of charges; and
(13) To revoke,
suspend, or take other action provided for by section 12 of this act against
licenses, registrations, endorsements, or permits issued under this chapter.
NEW SECTION. Sec.
3. The following shall
constitute unprofessional conduct:
(1) Solicitation of
dead human bodies by a licensee, registrant, endorsement, or permit holder, or
agent, assistant, or employee of the licensee, registrant, endorsement, or
permit holder whether the solicitation occurs after death or while death is
impending. This chapter does not prohibit general advertising or the sale of
prearrangement funeral service contracts;
(2) Solicitation may
include employment of solicitors, payment of commission, bonus, rebate, or any
form of gratuity or payment of a finders fee, referral fee, or other
consideration given for the purpose of obtaining or providing the services for
a dead human body or where death is impending;
(3) Acceptance by a
licensee, registrant, endorsement, or permit holder or other employee of a
funeral establishment of a commission, bonus, rebate, or gratuity in
consideration of directing business to a cemetery, crematory, mausoleum,
columbarium, florist, or other person providing goods and services to the
disposition of dead human bodies;
(4) Using a casket or
part of a casket that has previously been used as a receptacle for, or in
connection with, the burial or other disposition of a dead human body without
the written consent of the person lawfully entitled to control the disposition
of remains of the deceased person in accordance with RCW 68.50.160. This
subsection does not prohibit the use of rental caskets, such as caskets of
which the outer shell portion is rented and the inner insert that contains the
dead human body is purchased and used for the disposition, that are disclosed
as such in the statement of funeral goods and services;
(5) Violation of a state
law, municipal law, or county ordinance or regulation affecting the handling,
custody, care, transportation, or disposition of dead human bodies;
(6) Refusing to
promptly surrender the custody of a dead human body upon the expressed order of
the person lawfully entitled to its custody under RCW 68.50.160;
(7) Selling, or
offering for sale, a share, certificate, or an interest in the business of a
funeral establishment, or in a corporation, firm, or association owning or
operating a funeral establishment that promises or purports to give to
purchasers a right to the services of a licensee, registrant, endorsement, or
permit holder at a charge or cost less than offered or given to the public;
(8) The commission of
an act involving moral turpitude, dishonesty, or corruption relating to the
practice of the funeral profession 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. Upon such a conviction, however,
the judgment and sentence is conclusive evidence at the ensuing disciplinary
hearing of the guilt of the license, registration, endorsement, or permit
holder, or applicant of the crime described in the indictment or information
and of the person's violation of the statute on which it is based. For the
purpose of this section, conviction includes all instances in which a plea of
guilty or nolo contendere is the basis for the conviction in all proceedings in
which the sentence has been deferred or suspended. This section does not
abrogate rights guaranteed under chapter 9.96A RCW;
(9) Misrepresentation
or concealment of a material fact in obtaining a license, registration,
endorsement, or permit or in reinstatement thereof;
(10) All advertising
that is false, fraudulent, or misleading;
(11) Suspension or
revocation or restriction of the individual's license, registration,
endorsement, or permit to practice the profession by competent authority in any
state, federal, or foreign jurisdiction, a certified copy of the order,
stipulation, or agreement being conclusive evidence of the revocation,
suspension, or restriction;
(12) Violation of any
state or federal statute or administrative ruling relating to funeral practice;
(13) Failure to cooperate
with the board by:
(a) Not furnishing any
papers or documents;
(b) Not furnishing in
writing a full and complete explanation covering the matters contained in a
complaint filed with the board; or
(c) Not responding to
subpoenas issued by the board whether or not the recipient of the subpoena is
the accused in the proceeding;
(14) Failure to comply
with an order issued by the board or an assurance of discontinuance entered
into with the board;
(15) Aiding or abetting
an unlicensed or unregistered person to practice where a license, registration,
endorsement, or permit is required;
(16) Misrepresentation
or fraud in any aspect of the conduct of funeral practice;
(17) Conviction of a
gross misdemeanor or felony relating to this title. 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. This section does not abrogate rights
guaranteed under chapter 9.96A RCW;
(18) Interference with
an investigation or disciplinary proceeding by willful misrepresentation of
facts before the board or its authorized representative or the inspector, or by
the use of threats or harassment against a witness to prevent that witness from
providing evidence in a disciplinary hearing or other legal action;
(19) Diminished
capacity or habitual intemperance in the use of alcohol, controlled substances,
or prescribed drugs that impairs, interferes, or otherwise prevents the proper
performance of licensed, registered, endorsed, or permitted duties or
functions;
(20) Knowingly
concealing information concerning a violation of this title;
(21) Incompetence or
negligence as a licensee, registrant, endorsement, or permit holder in carrying
out the duties of the profession.
NEW SECTION. Sec.
4. A person, including but
not limited to a consumer, licensee, corporation, organization, and state and
local governmental agency, may submit a written complaint to the board charging
a license, registration, endorsement, or permit holder or applicant with
unprofessional conduct and specifying the grounds for the complaint. If the
board determines that the complaint merits investigation, or if the board has
reason to believe, without a formal complaint, that a license holder or
applicant might have engaged in unprofessional conduct, the board shall
investigate to determine whether there has been unprofessional conduct. A
person who files a complaint under this section in good faith is immune from
suit in a civil action related to the filing or contents of the complaint.
NEW SECTION. Sec.
5. (1) If the board
determines, upon investigation, that there is reason to believe a violation of
this chapter has occurred, a statement of charge or charges should be prepared
and served upon the license, registration, endorsement, or permit holder or
applicant at the earliest practical time. The statement of charge or charges
must be accompanied by a notice that the license, registration, endorsement, or
permit holder or applicant may request a hearing to contest the charge or
charges. The license, registration, endorsement, or permit holder or applicant
must file a request for hearing with the board within twenty days after being
served the statement of charges. The failure to request a hearing constitutes
a default, upon which the board may enter a decision on the basis of the facts
available to it.
(2) If a hearing is
requested, the board shall fix the time of the hearing as soon as convenient,
but the hearing must not be held earlier than thirty days after service of the
charges upon the license, registration, endorsement, or permit holder or
applicant. A notice of hearing must be issued at least twenty days before the
hearing, specifying the time, date, and place of the hearing. The notice must
also notify the license, registration, endorsement, or permit holder or
applicant that a record of the proceeding will be kept, that the holder or
applicant will have the opportunity to appear personally and to have counsel
present, with the right to produce witnesses who will be subject to
cross-examination, and evidence in the holder's or applicant's own behalf, to
cross-examine witnesses testifying against the holder or applicant, to examine
such documentary evidence as may be produced against the holder or applicant,
to conduct depositions, and to have subpoenas issued by the board.
NEW SECTION. Sec.
6. The procedures governing
adjudicative proceedings before agencies under chapter 34.05 RCW, the
administrative procedure act, govern all hearings before the board. The board
has, in addition to the powers and duties set forth in this chapter, all of the
powers and duties under chapter 34.05 RCW, that include, without limitation,
all powers relating to the administration of oaths, the receipt of evidence,
the issuance and enforcing of subpoenas, and the taking of depositions.
NEW SECTION. Sec.
7. (1) In the event of a
finding of unprofessional conduct, the board shall prepare and serve findings
of fact and an order as provided in chapter 34.05 RCW and the board shall
notify the public, which notice must include press releases to appropriate
local news media and the major news wire services. If the license,
registration, endorsement, or permit holder or applicant is found to have not
committed unprofessional conduct, the board shall immediately prepare and serve
findings of fact and an order of dismissal of the charges. The board shall
retain the findings of fact and order as a permanent record.
(2) The board shall
report the issuance of statements of charges and final orders in cases
processed by the board to:
(a) The person or
agency who brought to the board's attention information that resulted in the
initiation of the case;
(b) Appropriate
organizations, public or private, that serve the professions; and
(c) Counterpart
licensing boards in other states or associations of state licensing boards.
(3) This section does
not require the reporting of information that is exempt from public disclosure
under chapter 42.17 RCW.
NEW SECTION. Sec.
8. The department shall not
issue a license, registration, endorsement, or permit to a person whose
license, registration, endorsement, or permit has been denied, revoked, or
suspended by the board except in conformity with the terms and conditions of
the certificate or order of denial, revocation, or suspension; or in conformity
with an order of reinstatement issued by the board; or in accordance with the
final judgment in a proceeding for review instituted under this chapter.
NEW SECTION. Sec.
9. An order under
proceedings authorized under this chapter, after due notice and findings in
accordance with this chapter and chapter 34.05 RCW, or an order of summary
suspension entered under this chapter, takes effect immediately upon its being
served. The order, if appealed to the court, may not be stayed pending the
appeal unless the board or court to which the appeal is taken enters an order
staying the order of the board, which stay must provide for terms necessary to
protect the public.
NEW SECTION. Sec.
10. An individual who has
been disciplined or whose license, registration, endorsement, or permit has
been denied by the board may appeal the decision as provided in chapter 34.05 RCW.
NEW SECTION. Sec.
11. A person whose license,
registration, endorsement, or permit has been suspended or revoked under this
chapter may petition the board for reinstatement after an interval as
determined by the board in the order. The board shall hold hearings on the
petition and may deny the petition or may order reinstatement, impose terms and
conditions as provided in section 12 of this act, and issue an order of
reinstatement. The board may require successful completion of an examination
as a condition of reinstatement.
NEW SECTION. Sec.
12. Upon a finding that a
license holder or applicant has committed unprofessional conduct, the board may
issue an order providing for one or any combination of the following:
(1) Revocation of the
license, registration, endorsement, or permit;
(2) Suspension of the
license, registration, endorsement, or permit 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) The monitoring of
the practice by a superior approved by the board;
(6) Censure or
reprimand;
(7) Compliance with
conditions of probation for a designated period of time;
(8) Payment of a fine
for each violation of this chapter, not to exceed one thousand dollars per
violation, that is to be paid to the board's fund;
(9) Denial of the
license, registration, endorsement, or permit request; and
(10) Corrective action.
An action under this
section may be totally or partly stayed by the board. In determining what
action is appropriate, the board must first consider what sanctions are
necessary to protect or compensate the public. Only after the provisions have
been made may the board consider and include in the order requirements designed
to rehabilitate the license, registration, endorsement, or permit holder or
applicant. Costs associated with compliance with orders issued under this
section are the obligation of the license, registration, endorsement, or permit
holder or applicant.
The licensee,
registrant, endorsement or permit holder, or applicant may enter into a
stipulated disposition of charges that includes one or more of the sanctions of
this section, but only after a statement of charges has been issued and the
licensee, registrant, endorsement or permit holder, or applicant has been
afforded the opportunity for a hearing and has elected on the record to forego
such a hearing. The stipulation shall either contain one or more specific
findings of unprofessional conduct or inability to practice, or a statement by
the licensee, registrant, endorsement or permit holder, or applicant
acknowledging that evidence is sufficient to justify one or more specified
findings of unprofessional conduct or inability to practice. The stipulation
entered into pursuant to this subsection shall be considered formal
disciplinary action for all purposes.
NEW SECTION. Sec.
13. (1) Prior to serving a
statement of charges, the board may furnish a statement of allegations to the
licensee, registrant, endorsement or permit holder, or applicant along with a
detailed summary of the evidence relied upon to establish the allegations and a
proposed stipulation for informal resolution of the allegations. These
documents shall be exempt from public disclosure until such time as the
allegations are resolved either by stipulation or otherwise.
(2) The board and the
licensee, registrant, endorsement or permit holder, or applicant may stipulate
that the allegations may be disposed of informally in accordance with this
subsection. The stipulation shall contain a statement of the facts leading to
the filing of the complaint; the act or acts of unprofessional conduct alleged
to have been committed or the alleged basis for determining that the licensee,
registrant, endorsement or permit holder, or applicant is unable to practice
with reasonable skill and safety; a statement that the stipulation is not to be
construed as a finding of either unprofessional conduct or inability to
practice; an acknowledgement that a finding of unprofessional conduct or
inability to practice, if proven, constitutes grounds for discipline under this
chapter; an agreement on the part of the licensee, registrant, endorsement or
permit holder, or applicant that the sanctions set forth in this chapter,
except for revocation, suspension, censure, or reprimand of a licensee,
registrant, endorsement of permit holder, or applicant may be imposed as part
of the stipulation, except that no fine may be imposed but the licensee,
registrant, endorsement or permit holder, or applicant may agree to reimburse
the board the costs of investigation and processing the complaint up to an amount
not exceeding one thousand dollars per allegation; and an agreement on the part
of the board to forego further disciplinary proceedings concerning the
allegations. A stipulation entered into pursuant to this subsection shall not
be considered formal disciplinary action.
(3) If the licensee,
registrant, endorsement or permit holder, or applicant declines to agree to
disposition of the charges by means of a stipulation pursuant to subsection (2)
of this section, the board may proceed to formal disciplinary action pursuant
to this chapter.
(4) Upon execution of a
stipulation under subsection (2) of this section by both the licensee,
registrant, endorsement or permit holder, or applicant and the board, the
complaint is deemed disposed of and shall become subject to public disclosure
on the same basis and to the same extent as other records of the board. Should
the licensee, registrant, endorsement or permit holer, or applicant fail to pay
any agreed reimbursement within thirty days of the date specified in the
stipulation for payment, the board may seek collection of the amount agreed to
be paid in the same manner as enforcement of a fine under this chapter.
NEW SECTION. Sec.
14. If an order for payment
of a fine is made as a result of an order entered under this chapter and timely
payment is not made as directed in the final order, the board may enforce the
order for payment in the superior court in the county in which the hearing was
held. This right of enforcement is in addition to other rights the board may
have as to a licensee, registrant, endorsement, or permit holder ordered to pay
a fine but does not limit a licensee's, registrant's, or endorsement or permit
holder's ability to seek judicial review under this chapter. In an action for
enforcement of an order of payment of a fine, the board's order is conclusive
proof of the validity of the order of payment of a fine and the terms of
payment.
NEW SECTION. Sec.
15. (1) The director shall investigate
a complaint concerning practice by an unlicensed person for which a license,
registration, endorsement, or permit is required under this chapter. The
director shall issue a cease and desist order to a person after notice and
hearing and upon a determination that the person has violated this subsection.
If the director makes a written finding of fact that the public interest will
be irreparably harmed by delay in issuing an order, the director may issue a
temporary cease and desist order. The cease and desist order does not relieve
the person practicing or operating a business without a license, registration,
permit, or registration from criminal prosecution for the unauthorized practice
or operation, but the remedy of a cease and desist order is in addition to
criminal liability. The cease and desist order is conclusive proof of
unlicensed practice and may be enforced by civil contempt. This method of
enforcement of the cease and desist order may be used in addition to, or as an
alternative to, provisions for enforcement or agency orders under chapter 34.05
RCW.
(2) The attorney
general, a county prosecuting attorney, the director, the board, or a person
may, in accordance with the laws of this state governing injunctions, maintain
an action in the name of this state to enjoin a person practicing a profession
or business for which a license, registration, endorsement, or permit is
required under this chapter without a license, registration, endorsement, or
permit from engaging in the practice or operation of the business until the
required license, registration, endorsement, or permit is secured. However,
the injunction does not relieve the person so practicing or operating a
business without a license, registration, endorsement, or permit from criminal
prosecution for the unauthorized practice or operation, but the remedy by
injunction is in addition to criminal liability.
(3) Unlicensed practice
of a profession or operation of a business for which a license, registration,
endorsement, or permit is required under this chapter, unless otherwise
exempted by law, is a gross misdemeanor. Fees, fines, forfeitures, and
penalties collected or assessed by a court because of a violation of this
section must be remitted to the board.
NEW SECTION. Sec.
16. A person or business that
violates an injunction issued under this chapter shall pay a civil penalty, as
determined by the court, of not more than twenty-five thousand dollars that
must be placed in the board account. For the purpose of this section, the
superior court issuing an injunction shall retain jurisdiction and the cause
must be continued, and the attorney general acting in the name of the state may
petition for the recovery of civil penalties.
NEW SECTION. Sec.
17. If the board determines
or has cause to believe that a license, registration, endorsement, or permit
holder has committed a crime, the board, immediately subsequent to issuing
findings of fact and a final order, shall notify the attorney general or the
county prosecuting attorney in the county in which the act took place of the
facts known to the board.
NEW SECTION. Sec.
18. Sections 2 through 17 of
this act are each added to chapter 18.39 RCW.
Sec. 19. RCW 18.130.040 and 1993
c 367 s 4 are each amended to read as follows:
(1) This chapter
applies only to the secretary and the boards 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 under chapter 18.34 RCW;
(ii) Naturopaths
licensed under chapter 18.36A RCW;
(iii) Midwives licensed
under chapter 18.50 RCW;
(iv) Ocularists
licensed under chapter 18.55 RCW;
(v) Massage operators
and businesses licensed under chapter 18.108 RCW;
(vi) Dental hygienists
licensed under chapter 18.29 RCW;
(vii) Acupuncturists
certified under chapter 18.06 RCW;
(viii) Radiologic
technologists certified under chapter 18.84 RCW;
(ix) Respiratory care
practitioners certified under chapter 18.89 RCW;
(x) Persons registered
or certified under chapter 18.19 RCW;
(xi) Persons registered
as nursing pool operators;
(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) Sex offender
treatment providers certified under chapter 18.155 RCW; and
(xvi) Persons licensed
and certified under chapter 18.73 RCW or RCW 18.71.205.
(b) The boards having
authority under this chapter are as follows:
(i) The podiatric
medical board as established in chapter 18.22 RCW;
(ii) The chiropractic
disciplinary board as established in chapter 18.26 RCW governing licenses
issued under chapter 18.25 RCW;
(iii) The dental
disciplinary board as established in chapter 18.32 RCW;
(iv) The council on
hearing aids as established in chapter 18.35 RCW;
(v) ((The board of
funeral directors and embalmers as established in chapter 18.39 RCW;
(vi))) The board of examiners for nursing home administrators
as established in chapter 18.52 RCW;
(((vii))) (vi)
The optometry board as established in chapter 18.54 RCW governing licenses
issued under chapter 18.53 RCW;
(((viii))) (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;
(((ix))) (viii)
The board of pharmacy as established in chapter 18.64 RCW governing licenses
issued under chapters 18.64 and 18.64A RCW;
(((x))) (ix)
The medical disciplinary board as established in chapter 18.72 RCW governing
licenses and registrations issued under chapters 18.71 and 18.71A RCW;
(((xi))) (x)
The board of physical therapy as established in chapter 18.74 RCW;
(((xii))) (xi)
The board of occupational therapy practice as established in chapter 18.59 RCW;
(((xiii))) (xii)
The board of practical nursing as established in chapter 18.78 RCW;
(((xiv))) (xiii)
The examining board of psychology and its disciplinary committee as established
in chapter 18.83 RCW;
(((xv))) (xiv)
The board of nursing as established in chapter 18.88 RCW; and
(((xvi))) (xv)
The veterinary board of governors as established in chapter 18.92 RCW.
(3) In addition to the
authority to discipline license holders, the disciplining authority has the
authority to grant or deny licenses based on the conditions and criteria
established in this chapter and the chapters specified in subsection (2) of
this section. However, the board of chiropractic examiners has authority over
issuance and denial of licenses provided for in chapter 18.25 RCW, the board of
dental examiners has authority over issuance and denial of licenses provided
for in RCW 18.32.040, and the board of medical examiners has authority over
issuance and denial of licenses and registrations provided for in chapters
18.71 and 18.71A RCW. 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 pursuant to RCW
18.130.160 by the disciplining authority.
NEW
SECTION. Sec. 20. RCW 18.39.178 and 1987 c
150 s 29 & 1986 c 259 s 59 are each repealed.
