Wash. Rev. Code § 18.130.040

Current through 3/29/2024

Section 18.130.040 - [Effective 7/1/2024] Application to certain professions-Authority of secretary-Grant or denial of licenses-Procedural rules

(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 therapists and businesses licensed under chapter 18.108 RCW;

(v) Dental hygienists licensed under chapter 18.29 RCW;

(vi) Acupuncturists or acupuncture and Eastern 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 registered, agency affiliated counselors registered, certified, or licensed, 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 or medication assistants endorsed under chapter 18.88A RCW;

(xiii) Dietitians and nutritionists certified under chapter 18.138 RCW;

(xiv) Substance use disorder professionals, substance use disorder professional trainees, or co-occurring disorder specialists certified under chapter 18.205 RCW;

(xv) Sex offender treatment providers and certified affiliate sex offender treatment providers certified under chapter 18.155 RCW;

(xvi) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205;

(xvii) Orthotists and prosthetists licensed under chapter 18.200 RCW;

(xviii) Surgical technologists registered under chapter 18.215 RCW;

(xix) Recreational therapists under chapter 18.230 RCW;

(xx) Animal massage therapists certified under chapter 18.240 RCW;

(xxi) Athletic trainers licensed under chapter 18.250 RCW;

(xxii) Home care aides certified under chapter 18.88B RCW;

(xxiii) Genetic counselors licensed under chapter 18.290 RCW;

(xxiv) Reflexologists certified under chapter 18.108 RCW;

(xxv) Medical assistants-certified, medical assistants-hemodialysis technician, medical assistants-phlebotomist, forensic phlebotomist, medical-assistant-EMT, and medical assistants-registered certified and registered under chapter 18.360 RCW;

(xxvi) Behavior analysts, assistant behavior analysts, and behavior technicians under chapter 18.380 RCW;

(xxvii) Birth doulas certified under chapter 18.47 RCW;

(xxviii) Music therapists licensed under chapter 18.233 RCW;

(xxix) Behavioral health support specialists certified under chapter 18.227 RCW; and

(xxx) Certified peer specialists and certified peer specialist trainees under chapter 18.420 RCW.

(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, licenses and registrations issued under chapter 18.260 RCW, licenses issued under chapter 18.265 RCW, and certifications issued under chapter 18.350 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 chapter 18.57 RCW;

(viii) The pharmacy quality assurance commission as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;

(ix) The Washington medical commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 , 18.71A , and 18.--- RCW (the new chapter created in section 10 of this act);

(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 board of nursing as established in chapter 18.79 RCW governing licenses and registrations issued under that chapter and under chapter 18.80 RCW;

(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;

(xv) The board of naturopathy established in chapter 18.36A RCW, governing licenses and certifications issued under that chapter; and

(xvi) The board of denturists established in chapter 18.30 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, which must be in compliance with chapter 18.--- RCW (the new chapter created in section 11 of this act).

(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.

RCW 18.130.040

Amended by 2024 c 50,§ 5, eff. 7/1/2024.

Reenacted and amended by 2024 c 362,§ 8, eff. 6/6/2024.

Reenacted and amended by 2024 c 217,§ 7, eff. 6/6/2024.

Amended by 2023 c 460,§ 15, eff. 1/1/2024.

Amended by 2023 c 469,§ 18, eff. 10/1/2023.

Amended by 2023 c 425,§ 27, eff. 10/1/2023.

Amended by 2023 c 270,§ 14, eff. 10/1/2023.

Amended by 2023 c 175,§ 11, eff. 10/1/2023.

Amended by 2023 c 123,§ 21, eff. 10/1/2023.

Amended by 2023 c 175,§ 10, eff. 7/23/2023.

Amended by 2023 c 123,§ 20, eff. 7/23/2023.

Amended by 2022 c 217,§ 5, eff. 10/1/2023.

Reenacted and amended by 2021 c 179,§ 7, eff. 7/25/2021.

Amended by 2020 c 80,§ 23, eff. 7/1/2022.

Amended by 2019 c 444,§ 11, eff. 7/28/2019.

Amended by 2019 c 308,§ 18, eff. 7/28/2019.

Amended by 2019 c 55,§ 7, eff. 7/28/2019.

Amended by 2017 c 336,§ 18, eff. 7/1/2017.

Amended by 2016 c 41,§ 18, eff. 7/1/2017.

Amended by 2015 c 118,§ 13, eff. 7/1/2017.

Amended by 2013 c 171,§ 7, eff. 7/28/2013, exp. 7/1/2016.

Amended by 2013 c 19,§ 44, eff. 7/28/2013, exp. 7/1/2016.

Amended by 2012 c 208,§ 10, eff. 7/1/2013.

Amended by 2012 c 153,§ 16, eff. 7/1/2013.

Amended by 2012 c 137,§ 19, eff. 7/1/2013.

Amended by 2012 c 23,§ 6, eff. 6/7/2012.

Amended by 2011 c 41,§ 11, eff. 7/22/2011.

Amended by 2010 c 286,§ 18, eff. 8/1/2010.

Amended by 2010 c 286,§ 17, eff. 7/1/2010, exp. 8/1/2010.

Amended by 2010 c 286,§ 16, eff. 6/10/2010, exp. 7/1/2010.

Amended by 2010 c 65,§ 3, eff. 8/1/2010.

Amended by 2010 c 65,§ 2, eff. 7/1/2010, exp. 8/1/2010.

Amended by 2010 c 65,§ 1, eff. 6/10/2010, exp. 7/1/2010.

2009 c 302 § 14; 2009 c 301 § 8; 2009 c 52 § 2; 2009 c 52 § 1; 2009 c 2 § 16 (Initiative Measure No. 1029, approved November 4, 2008); 2008 c 134 § 18; (2008 c 134 § 17 expired July 1, 2008). Prior: 2007 c 269 § 17; 2007 c 253 § 13; 2007 c 70 § 11; 2004 c 38 § 2; prior: 2003 c 275 § 2; 2003 c 258 § 7; prior: 2002 c 223 § 6; 2002 c 216 § 11; 2001 c 251 § 27; 1999 c 335 § 10; 1998 c 243 § 16; prior: 1997 c 392 § 516; 1997 c 334 § 14; 1997 c 285 § 13; 1997 c 275 § 2; prior: 1996 c 200 § 32; 1996 c 81 § 5; prior: 1995 c 336 § 2; 1995 c 323 § 16; 1995 c 260 § 11; 1995 c 1 § 19 (Initiative Measure No. 607, approved November 8, 1994); prior: 1994 sp.s. c 9 § 603; 1994 c 17 § 19; 1993 c 367 § 4; 1992 c 128 § 6; 1990 c 3 § 810; prior: 1988 c 277 § 13; 1988 c 267 § 22; 1988 c 243 § 7; prior: 1987 c 512 § 22; 1987 c 447 § 18; 1987 c 415 § 17; 1987 c 412 § 15; 1987 c 150 § 1; prior: 1986 c 259 § 3; 1985 c 326 § 29; 1984 c 279 § 4.

Effective date- 2023 c 469 § 18 : "Section 18 of this act takes effect October 1, 2023." [2023 c 469 § 24.]

Effective date- 2023 c 460 §§ 1-22 : See note following RCW 18.265.005.

Effective date- 2023 c 425 § 27 : "Section 27 of this act takes effect October 1, 2023." [2023 c 425 § 31.]

Effective date- 2023 c 270 § 14 : "Section 14 of this act takes effect October 1, 2023." [2023 c 270 § 17.]

Effective date- 2023 c 175 § 11 : "Section 11 of this act takes effect October 1, 2023." [2023 c 175 § 14.]

Effective date- 2023 c 123 § 21 : "Section 21 of this act takes effect October 1, 2023." [2023 c 123 § 34.]

Effective date- 2022 c 217 §§ 1-5 : See note following RCW 18.47.010.

Effective date- 2021 c 179 § 7 : "Section 7 of this act takes effect July 1, 2022." [2021 c 179 § 9.]

Expiration date- 2021 c 179 § 6 : "Section 6 of this act expires July 1, 2022." [2021 c 179 § 8.]

Effective date- 2020 c 80 §§ 12-59 : See note following RCW 7.68.030.

Intent- 2020 c 80 : See note following RCW 18.71A.010.

Findings- 2019 c 308 : See note following RCW 18.06.010.

Effective date- 2017 c 336 §§ 18 and 19 : "Sections 18 and 19 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2017." [2017 c 336 § 20.]

Finding- 2017 c 336 : See note following RCW 9.96.060.

Effective date- 2016 c 41 : See note following RCW 18.108.010.

Effective date- 2015 c 118 : See note following RCW 18.380.010.

Effective date- 2013 c 171 § 8 : "Section 8 of this act takes effect July 1, 2016." [2013 c 171 § 10.]

Effective date- 2013 c 19 § 45 : "Section 45 of this act takes effect July 1, 2016." [2013 c 19 § 129.]

Effective date- 2012 c 208 §§ 2-10 : See note following RCW 18.88A.020.

Findings-Rules- 2012 c 208 : See notes following RCW 18.88A.082.

Effective date- 2012 c 153 §§ 15 and 17 : See note following RCW 18.360.005.

Rules- 2012 c 153 : See note following RCW 18.360.005.

Finding-Purpose-Rules-Effective date- 2012 c 137 : See notes following RCW 18.108.005.

Effective date- 2010 c 286 § 18 : "Section 18 of this act takes effect August 1, 2010." [2010 c 286 § 22.]

Expiration date- 2010 c 286 § 17 : "Section 17 of this act expires August 1, 2010." [2010 c 286 § 21.]

Effective date- 2010 c 286 § 17 : "Section 17 of this act takes effect July 1, 2010." [2010 c 286 § 20.]

Expiration date- 2010 c 286 § 16 : "Section 16 of this act expires July 1, 2010." [2010 c 286 § 19.]

Intent- 2010 c 286 : See RCW 18.06.005.

Effective date- 2010 c 65 § 3 : "Section 3 of this act takes effect August 1, 2010." [2010 c 65 § 9.]

Expiration date- 2010 c 65 § 2 : "Section 2 of this act expires August 1, 2010." [2010 c 65 § 8.]

Effective date- 2010 c 65 § 2 : "Section 2 of this act takes effect July 1, 2010." [2010 c 65 § 7.]

Expiration date- 2010 c 65 § 1 : "Section 1 of this act expires July 1, 2010." [2010 c 65 § 6.]

Effective date-Implementation- 2009 c 302 : See RCW 18.290.900 and 18.290.901.

Intent-Implementation- 2009 c 301 : See notes following RCW 18.35.010.

Speech-language pathology assistants-Certification requirements- 2009 c 301 : See note following RCW 18.35.040.

Effective date- 2009 c 52 § 1 : "Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2009." [2009 c 52 § 3.]

Effective date- 2009 c 52 § 2 : "Section 2 of this act takes effect July 1, 2010." [2009 c 52 § 4.]

Contingent effective date- 2009 c 2 (Initiative Measure No. 1029) § 16: "Section 16 of this act takes effect if section 18, chapter 134, Laws of 2008 is signed into law by April 6, 2008." [2009 c 2 § 24 (Initiative Measure No. 1029, approved November 4, 2008).]

Intent-Findings-Construction-Short title- 2009 c 2 (Initiative Measure No. 1029): See notes following RCW 18.88B.050.

Effective date-2008 c 134 § 18: "Section 18 of this act takes effect July 1, 2008." [ 2008 c 134 § 37.]

Expiration date-2008 c 134 § 17: "Section 17 of this act expires July 1, 2008." [ 2008 c 134 § 36.]

Finding-Intent-Severability-2008 c 134: See notes following RCW 18.130.020.

Application-Implementation-2007 c 269: See RCW 18.260.900 and 18.260.901.

Effective date-Implementation-2007 c 253: See RCW 18.250.901 and 18.250.902.

Effective date-2004 c 38: See note following RCW 18.155.075.

Effective date-2003 c 275 § 2: "Section 2 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003." [ 2003 c 275 § 4.]

Severability-Effective date-2003 c 258: See notes following RCW 18.79.330.

Effective date-2002 c 216: See RCW 18.230.901.

Severability-2001 c 251: See RCW 18.225.900.

Effective dates-1998 c 243: See RCW 18.205.900.

Short title-Findings-Construction-Conflict with federal requirements-Part headings and captions not law-1997 c 392: See notes following RCW 74.39A.009.

Effective dates-1997 c 334: See note following RCW 18.89.010.

Intent-Purpose-1997 c 285: See RCW 18.200.005.

Effective date-1996 c 81: See note following RCW 70.128.120.

Effective date-1995 c 336 §§ 2 and 3: "Sections 2 and 3 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 11, 1995]." [ 1995 c 336 § 11.]

Effective date-1995 c 260 §§ 7-11: "Sections 7 through 11 of this act shall take effect July 1, 1996." [ 1995 1st sp.s. c 18 § 116; 1995 c 260 § 12.]

Short title-1995 c 1 (Initiative Measure No. 607): See RCW 18.30.900.

Severability-Headings and captions not law-Effective date-1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.

Effective date-1987 c 412: See RCW 18.84.901.

Severability-1987 c 150: See RCW 18.122.901.

Severability-1986 c 259: See note following RCW 18.130.010.

This section is set out more than once due to postponed, multiple, or conflicting amendments.