BILL REQ. #: S-3516.2
| State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/11/12. Referred to Committee on Health & Long-Term Care.
AN ACT Relating to registration of reflexologists; amending RCW 18.130.040, 18.120.020, 18.108.030, and 18.108.050; and adding a new chapter to Title 18 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of health.
(2) "Reflexologist" means an individual who is registered under
this chapter.
(3) "Reflexology" means a health care service limited to the use of
pressure applied to reflexes located on the feet, hands, and outer
ears. Reflexology does not include the diagnosis or treatment for
specific diseases, or joint manipulations.
(4) "Reflexology business" means the operation of a business where
reflexology is performed.
(5) "Secretary" means the secretary of the department or the
secretary's designee.
NEW SECTION. Sec. 2 (1) No person may practice reflexology or
represent oneself as a reflexologist by use of any title without being
registered to practice by the department, unless otherwise exempted by
this chapter.
(2) A person represents themselves 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.
(3) A person registered 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 chapter 18.108 RCW as
a massage practitioner.
(4) It is unlawful to advertise the practice of reflexology in a
display advertisement using the terms reflexology or any other term
that implies reflexology technique or method without printing the
registration number of the reflexologist.
NEW SECTION. Sec. 3 Nothing is this chapter may be construed to
prohibit or restrict the practice by an individual who is:
(1) Licensed, certified, or registered under the laws of this state
and performing services within the authorized scope of practice; or
(2) Employed by the government of the United States while engaged
in the performance of duties prescribed by the laws of the United
States.
NEW SECTION. Sec. 4 In addition to any other authority, the
secretary has the authority to:
(1) Adopt rules under chapter 34.05 RCW necessary to implement this
chapter;
(2) Establish all registration and renewal fees in accordance with
RCW 43.70.250;
(3) Establish forms and procedures necessary to administer this
chapter;
(4) Register applicants who have met the requirements for
registration and to deny registration to applicants who do not meet the
requirements of this chapter, except that proceedings concerning the
denial of registration based upon unprofessional conduct or impairment
is governed by the uniform disciplinary act, chapter 18.130 RCW;
(5) Hire clerical, administrative, investigative, and other staff
as needed to implement and enforce this chapter; and
(6) Maintain the official department record of all applicants and
license holders.
NEW SECTION. Sec. 5 (1) Applicants for registration under this
chapter are subject to the grounds for denial of a registration under
chapter 18.130 RCW.
(2) The secretary may issue a registration to an applicant who
completes an application form that identifies the name and address of
the applicant, the registration requested, and information required by
the secretary necessary to establish whether there are grounds for
denial of a registration.
NEW SECTION. Sec. 6 Applications for registration must be
submitted on forms provided by the secretary. The secretary may
require any information and documentation that reasonably relates to
the need to determine whether the applicant meets the criteria for
registration provided for in this chapter and chapter 18.130 RCW. Each
applicant must pay a fee determined by the secretary under RCW
43.70.250. The fee must accompany the application.
NEW SECTION. Sec. 7 The secretary must establish by rule the
procedural requirements and fees for renewal of a registration.
Failure to renew invalidates the registration and all privileges
granted by the registration.
NEW SECTION. Sec. 8 The uniform disciplinary act, chapter 18.130
RCW, governs unlicensed practice, the issuance and denial of a license,
and the discipline of persons licensed under this chapter. The
secretary is the disciplining authority under this chapter.
NEW SECTION. Sec. 9 For the purposes of ascertaining violations
of this chapter and chapter 18.130 RCW, the secretary shall have the
authority to inspect the premises of any 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.
NEW SECTION. Sec. 10 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.
Sec. 11 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 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 registered under chapter 18.--- RCW (the new
chapter created in section 15 of this act).
(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.
Sec. 12 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 registered under chapter 18.--- RCW (the new
chapter created in section 15 of this act).
(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. 13 RCW 18.108.030 and 1995 c 198 s 15 are each amended to
read as follows:
(1) 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.
(2) 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,)) acupressurist, body
therapy or body therapist, or any derivation of those terms that
implies a massage technique or method.
Sec. 14 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 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 practiced at the athletic department of any institution
maintained by the public funds of the state, or any of its political
subdivisions;
(4) Massage practiced at the athletic department of any school or
college approved by the department by rule using recognized national
professional standards;
(5) 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) Individuals who have completed a somatic education training
program approved by the secretary;
(7) Persons who limit their practice to reflexology and are
licensed to practice under chapter 18.--- RCW (the new chapter created
in section 15 of this act). 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.
NEW SECTION. Sec. 15 Sections 1 through 10 of this act
constitute a new chapter in Title