Professional Licensure, Certification, and Registration. The Department of Licensing (DOL) regulates certain businesses and professions, each of which has a separate set of laws. Some businesses and professions are under the authority of the director of DOL, while others are regulated by a board or commission charged with regulating that particular business or profession. Examples of businesses and professions regulated under DOL include:
The Professional Educator Standards Board is responsible for establishing and enforcing rules determining eligibility for certification of kindergarten through grade 12 personnel, including teachers, school counselors, school psychologists, school social workers, and paraeducators.
The Department of Financial Institutions regulates the licensing of money transmitters and currency exchangers.
The Uniform Disciplinary Act (UDA) provides a legal and policy framework for the regulation and oversight of health care providers by the relevant disciplining authorities for each health care profession. Disciplining authorities may deny an application for licensure or grant a license with conditions under certain circumstances. Responsibilities in the disciplinary process are divided between the Secretary of Health and the 16 health profession boards and commissions. Examples of professions regulated under the UDA include:
The Department of Labor and Industries administers and enforces laws related to the registration of general and specialty contractors. It also licenses plumbers, electricians, and elevator mechanics.
Some professions require an applicant to be a United States citizen in order to qualify for licensure. Professions with specific United States citizenship requirements include optometrists, notaries, private investigators, private security guards, and bail bond agents.
Money transmitter and currency exchanger licensees must have a designated responsible individual, who is an individual employed by the licensee that has principal managerial authority over the provision of money services by the licensee in this state. Applications for money transmitter and currency exchange licenses must provide certain information related to the proposed responsible individual, including the proposed responsible individual's Social Security number and documentation that the proposed responsible individual is a United States citizen or has obtained legal immigration status to work in the United States.
Federal Law. Under federal law, a person not lawfully present in the United States is ineligible for any state or local public benefit. State or local public benefit is defined to include professional and commercial licenses. However, states may provide a person not lawfully present in the United States eligibility for a state or local public benefit through the enactment of a state law that affirmatively provides for such eligibility.
An individual who is not lawfully present in the United States is eligible for a professional license, commercial license, certificate, permit, or registration as allowed under federal law. A state agency or regulatory authority may not deny an application for a professional license, commercial license, certificate, permit, or registration solely on the basis of a person's immigration or citizenship status if the person has met all other qualifications.
An applicant is permitted to provide an Individual Taxpayer Identification Number instead of a Social Security number on an application. State agencies and regulatory authorities may not disclose the Social Security number or Individual Taxpayer Identification Number of an applicant or licensee for any purpose except tax purposes, licensing purposes, and enforcement of an order for child support payments. A Social Security number or Individual Taxpayer Identification Number provided to a regulatory authority is confidential and exempt from disclosure under the Public Records Act.
The requirements of the bill apply to businesses and professions included under the title of law related to businesses and professions, which includes professions regulated by DOL and professions regulated under the UDA, amongst others. The bill does not apply to interstate compacts. The requirements also apply to businesses and professions covered by the Uniform Regulation of Business and Professions Act.
The bill does not apply to private investigators, security guards, and bail bond recovery agents.
The requirements of the bill also apply to permits and certificates regulated by the Professional Educator Standards Board, the Superintendent of Public Instruction, and the Paraeducator Board.
Provisions requiring United States citizenship as a condition for licensure as an optometrist, bail bond agent, or notary are removed. Requirements for currency exchangers and money transmitters are modified by removing the requirement that a proposed responsible individual be a United States citizen or have legal immigrant status and adding the requirement that the proposed responsible individual must reside in the United States.
The following are the professional and commercial licenses covered under the bill:
PRO: The bill is really about allowing people to work. People are hired to work from other countries and their family members may not be eligible to work. If people meet the rigorous standards and pass the tests, it should be enough to let them work. Someone can go to school and meet all the requirements, but it will not help them get a professional license and advance their career. People are told they cannot obtain a professional license due to their status. The bill will help people pursue the career of their choice. There is uncertainty for undocumented individuals when it comes to the risk of applying for a professional license. The state spends resources for undocumented students only for them to hit a barrier with professional licenses.
CON: There are privacy concerns regarding private investigators, but it appears they were removed from the bill.
PRO: Representative Amy Walen, Prime Sponsor; Paul Ryan Villanueva, Communities for Our Colleges; Daniel Gomez, Latino Community Fund of Washington; Angelita Cervantes, Communities for Our Colleges; Maria Barrios, Communities for Our Colleges; Lizbeth Cervantes; Isela Bonilla, Associated Students of WSU Vancouver; Benjamin Gonzalez, Communities for Our Colleges.
PRO: Alex Hur, OneAmerica; Minyoung Sung, Communities for our Colleges; Noel Trujillo-Garcia, Student, LD 30th; Juniper Diegel; Deepa Bhandaru, AFT 1789; Daniel Gomez, Latino Community Fund of Washington; Karen Strickland, AFT Washington; Esperanza Borboa; Jesus Mariscal, C4C.