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Washington Statutes, Title 18

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Washington/Statutes

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Title 18, BUSINESSES AND PROFESSIONS

114 chapters · 2,304 sections in this title.

All chapters in Title 182,304 Ch 18.130, Regulation of health professions—Uni…66 Ch 18.64, Pharmacists.63 Ch 18.51, Nursing homes.60 Ch 18.20, Assisted living facilities.55 Ch 18.44, Escrow agent registration act.55 Ch 18.71, Physicians.55 Ch 18.79, Nursing care.53 Ch 18.85, Real estate brokers and managing bro…53 Ch 18.32, Dentistry.52 Ch 18.27, Registration of contractors.50 Ch 18.39, Embalmers—Funeral directors.43 Ch 18.35, Hearing and speech services.40 Ch 18.74, Physical therapy.39 Ch 18.16, Cosmetologists, hair designers, barb…36

66 sections·Filtered byTitle 18✕Ch 18.130✕

RCW 18.130.010 Intent.
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It is the intent of the legislature to strengthen and consolidate disciplinary and licensure procedures for the licensed health and health-related professions and businesses by providing a uniform disciplinary act with standardized procedures for the licensure of health care prof…
RCW 18.130.020 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Board" means any of those boards specified in RCW 18.130.040. (2) "Clinical expertise" means the proficiency or judgment that a license holder in a particular profess…
RCW 18.130.035 Background check activities—Fees.
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In accordance with RCW 43.135.055, to implement the background check activities conducted pursuant to RCW 18.130.064, the department may establish fees as necessary to recover the cost of these activities and, except as precluded by RCW 43.70.110, the department shall require app…
RCW 18.130.037 Application and renewal fees.
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In accordance with RCW 43.135.055, the department may annually increase application and renewal fees as necessary to recover the cost of implementing the administrative and disciplinary provisions of chapter 134, Laws of 2008. [ 2008 c 285 s 13.] Notes: Intent—Captions not law—Ef…

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RCW 18.130.039 Licensee not required to participate in third-party reimbursement program.

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No licensee subject to this chapter may be required to participate in any public or private third-party reimbursement program or any plans or products offered by a payor as a condition of licensure. [ 2013 c 293 s 5.]

RCW 18.130.040 Application to certain professions—Authority of secretary—Grant or denial of licenses—Procedural rules.

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(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 specif…

RCW 18.130.042 Required licensure information—Sale to third party prohibited—Exemptions.

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(1) All applicants who submit applications for licensure on or after January 1, 2025, shall provide the following information with their application: (a) Race; (b) Ethnicity; (c) Gender; (d) Languages spoken; (e) Provider specialty, where applicable; (f) Primary practice location…

RCW 18.130.045 Massage therapists—Procedures governing convicted prostitutes.

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RCW 18.108.085 shall govern the issuance and revocation of licenses issued or applied for under chapter 18.108 RCW to or by persons convicted of violating RCW 9A.88.030, 9A.88.070, 9A.88.080, or 9A.88.090 or equivalent local ordinances. [ 1995 c 353 s 3.]

RCW 18.130.050 Authority of disciplining authority.

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Except as provided in RCW 18.130.062, the disciplining authority has the following authority: (1) To adopt, amend, and rescind such rules as are deemed necessary to carry out this chapter; (2) To investigate all complaints or reports of unprofessional conduct as defined in this c…

RCW 18.130.055 Authority of disciplining authority—Denial of applications.

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(1) The disciplining authority may deny an application for licensure or grant a license with conditions if the applicant: (a) Has had his or her license to practice any health care profession suspended, revoked, or restricted, by competent authority in any state, federal, or fore…

RCW 18.130.057 Disciplining authority—Duties—Documents.

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(1) A disciplining authority shall provide a person or entity making a complaint or report under RCW 18.130.080 with a reasonable opportunity to supplement or amend the contents of the complaint or report. The license holder must be provided an opportunity to respond to any suppl…

RCW 18.130.060 Additional authority of secretary.

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In addition to the authority specified in RCW 18.130.050 and 18.130.062, the secretary has the following additional authority: (1) To employ such investigative, administrative, and clerical staff as necessary for the enforcement of this chapter. The secretary must, whenever pract…

RCW 18.130.062 Authority of secretary—Disciplinary process—Sexual misconduct—Victim interview training.

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(1) With regard to complaints that only allege that a license holder has committed an act or acts of unprofessional conduct involving sexual misconduct, the secretary shall serve as the sole disciplining authority in every aspect of the disciplinary process, including initiating …

RCW 18.130.063 Disclosure—Sexual misconduct.

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(1) If a license holder subject to this chapter has been sanctioned by a disciplining authority on or after October 1, 2019, for an act or acts of unprofessional conduct involving sexual misconduct, the license holder or his or her designee must provide a disclosure to any patien…

RCW 18.130.064 Authority and duties—Secretary and disciplining authority—Background checks.

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(1)(a) The secretary is authorized to receive criminal history record information that includes nonconviction data for any purpose associated with investigation or licensing and investigate the complete criminal history and pending charges of all applicants and license holders. (…

RCW 18.130.065 Rules, policies, and orders—Secretary's role.

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The secretary of health shall review and coordinate all proposed rules, interpretive statements, policy statements, and declaratory orders, as defined in chapter 34.05 RCW, that are proposed for adoption or issuance by any health profession board or commission vested with rule-ma…

RCW 18.130.070 Rules requiring reports—Court orders—Immunity from liability—Licensees required to report.

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(1)(a) The secretary shall adopt rules requiring every license holder to report to the appropriate disciplining authority any conviction, determination, or finding that another license holder has committed an act which constitutes unprofessional conduct, or to report information …

RCW 18.130.075 Temporary practice permits—Penalties.

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(1) If an individual licensed in another state that has licensing standards substantially equivalent to Washington applies for a license, the disciplining authority shall issue a temporary practice permit authorizing the applicant to practice the profession pending completion of …

RCW 18.130.077 Licensure requirements waiver for out-of-state and nationally certified applicants.

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(1) Disciplining authorities shall waive education, training, experience, and exam requirements for applicants who have been credentialed in another state or states with substantially equivalent standards for at least two years immediately preceding their application with no inte…

RCW 18.130.080 Unprofessional conduct—Complaint—Investigation—Civil penalty.

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(1)(a) An individual, an impaired practitioner program, or a voluntary substance abuse monitoring program approved by a disciplining authority, may submit a written complaint to the disciplining authority charging a license holder or applicant with unprofessional conduct and spec…

RCW 18.130.085 Communication with complainant.

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If the department communicates in writing to a complainant, or his or her representative, regarding his or her complaint, such communication shall not include the address or telephone number of the health care provider against whom he or she has complained. The department shall i…

RCW 18.130.090 Statement of charge—Request for hearing.

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(1) If the disciplining authority determines, upon investigation, that there is reason to believe a violation of RCW 18.130.180 has occurred, a statement of charge or charges shall be prepared and served upon the license holder or applicant at the earliest practical time. The sta…

RCW 18.130.095 Uniform procedural rules.

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(1)(a) The secretary, in consultation with the disciplining authorities, shall develop uniform procedural rules to respond to public inquiries concerning complaints and their disposition, active investigations, statement of charges, findings of fact, and final orders involving a …

RCW 18.130.098 Settlement—Disclosure—Conference.

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(1) The settlement process must be substantially uniform for licensees governed by disciplining authorities under this chapter. The disciplinary [disciplining] authorities may also use alternative dispute resolution to resolve complaints during adjudicative proceedings. (2) Discl…

RCW 18.130.100 Hearings—Adjudicative proceedings under chapter 34.05 RCW.

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The procedures governing adjudicative proceedings before agencies under chapter 34.05 RCW, the Administrative Procedure Act, govern all hearings before the disciplining authority. The disciplining authority has, in addition to the powers and duties set forth in this chapter, all …

RCW 18.130.110 Findings of fact—Order—Report.

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(1) In the event of a finding of unprofessional conduct, the disciplining authority shall prepare and serve findings of fact and an order as provided in chapter 34.05 RCW, the Administrative Procedure Act. If the license holder or applicant is found to have not committed unprofes…

RCW 18.130.120 Actions against license—Exception.

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The department shall not issue any license to any person whose license has been denied, revoked, or suspended by the disciplining authority except in conformity with the terms and conditions of the certificate or order of denial, revocation, or suspension, or in conformity with a…

RCW 18.130.127 License suspension—Noncompliance with support order—Reissuance.

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The secretary shall immediately suspend the license of any person subject to this chapter who has been certified by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order as provided in RCW 74.2…

RCW 18.130.130 Orders—When effective—Stay.

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An order pursuant to proceedings authorized by 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, shall take effect immediately upon its being served. The order, if appea…

RCW 18.130.135 Suspension or restriction orders—Show cause hearing.

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(1) Upon an order of a disciplining authority to summarily suspend a license, or restrict or limit a license holder's practice pursuant to RCW 18.130.050 or 18.130.062, the license holder is entitled to a show cause hearing before a panel or the secretary as identified in subsect…

RCW 18.130.140 Appeal.

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An individual who has been disciplined, whose license has been denied, or whose license has been granted with conditions by a disciplining authority may appeal the decision as provided in chapter 34.05 RCW. [ 2008 c 134 s 21; 1984 c 279 s 14.] Notes: Finding—Intent—Severability—2…

RCW 18.130.150 Reinstatement.

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A person whose license has been suspended under this chapter may petition the disciplining authority for reinstatement after an interval as determined by the disciplining authority in the order unless the disciplining authority has found, pursuant to RCW 18.130.160, that the lice…

RCW 18.130.160 Finding of unprofessional conduct—Orders—Sanctions—Stay—Costs—Stipulations.

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Upon a finding, after hearing, that a license holder has committed unprofessional conduct or is unable to practice with reasonable skill and safety due to a physical or mental condition, the disciplining authority shall issue an order including sanctions adopted in accordance wit…

RCW 18.130.165 Enforcement of fine.

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Where an order for payment of a fine is made as a result of a citation under RCW 18.130.230 or a hearing under RCW 18.130.100 or 18.130.190 and timely payment is not made as directed in the final order, the disciplining authority may enforce the order for payment in the superior …

RCW 18.130.170 Capacity of license holder to practice—Hearing—Mental or physical examination—Implied consent.

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(1) If the disciplining authority believes a license holder may be unable to practice with reasonable skill and safety to consumers by reason of any mental or physical condition, a statement of charges in the name of the disciplining authority shall be served on the license holde…

RCW 18.130.172 Evidence summary and stipulations.

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(1) Prior to serving a statement of charges under RCW 18.130.090 or 18.130.170, the disciplinary [disciplining] authority may furnish a statement of allegations to the licensee along with a detailed summary of the evidence relied upon to establish the allegations and a proposed s…

RCW 18.130.175 Physician health and voluntary substance use disorder monitoring programs.

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(1) In lieu of disciplinary action under RCW 18.130.160 and if the disciplining authority determines that the unprofessional conduct may be the result of an applicable impairing or potentially impairing health condition, the disciplining authority may refer the license holder to …

RCW 18.130.177 Physician well-being program records—Disclosure.

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(1)(a) Physician well-being program records relating to well-being program participants created specifically for, and collected and maintained by the physician well-being program, are confidential and exempt from disclosure under chapter 42.56 RCW and shall not be subject to disc…

RCW 18.130.180 Unprofessional conduct.

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Except as provided in RCW 18.130.450, the following conduct, acts, or conditions constitute unprofessional conduct for any license holder under the jurisdiction of this chapter: (1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the pra…

RCW 18.130.185 Injunctive relief for violations of RCW 18.130.170 or 18.130.180.

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If a person or business regulated by this chapter violates RCW 18.130.170 or 18.130.180, the attorney general, any prosecuting attorney, the secretary, the board, or any other person may maintain an action in the name of the state of Washington to enjoin the person from committin…

RCW 18.130.186 Voluntary substance abuse monitoring program—Content—License surcharge.

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(1) To implement a substance abuse monitoring program for license holders specified under RCW 18.130.040, who are impaired by substance abuse, the disciplinary [disciplining] authority may enter into a contract with a voluntary substance abuse program under RCW 18.130.175. The pr…

RCW 18.130.190 Practice without license—Investigation of complaints—Cease and desist orders—Injunctions—Penalties.

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(1) The secretary shall investigate complaints concerning practice by unlicensed persons of a profession or business for which a license is required by the chapters specified in RCW 18.130.040. In the investigation of the complaints, the secretary shall have the same authority as…

RCW 18.130.195 Violation of injunction—Penalty.

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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, which shall be placed in the health professions account. For the purpose of this section, the superior …

RCW 18.130.200 Fraud or misrepresentation in obtaining or maintaining a license—Penalty.

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A person who attempts to obtain, obtains, or attempts to maintain a license by willful misrepresentation or fraudulent representation is guilty of a gross misdemeanor. [ 1997 c 392 s 517; 1986 c 259 s 12; 1984 c 279 s 20.] Notes: Short title—Findings—Construction—Conflict with fe…

RCW 18.130.210 Crime by license holder—Notice to attorney general or county prosecuting attorney.

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If the disciplining authority determines or has cause to believe that a license holder has committed a crime, the disciplining authority, immediately subsequent to issuing findings of fact and a final order, shall notify the attorney general or the county prosecuting attorney in …

RCW 18.130.230 Production of documents—Administrative fines.

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(1)(a) A licensee must produce documents, records, or other items that are within his or her possession or control within twenty-one calendar days of service of a request by a disciplining authority. If the twenty-one calendar day limit results in a hardship upon the licensee, he…

RCW 18.130.250 Retired active license status.

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The disciplining authority may adopt rules pursuant to this section authorizing a retired active license status. An individual credentialed by a disciplining authority regulated in the state under RCW 18.130.040, who is practicing only in emergent or intermittent circumstances as…

RCW 18.130.270 Continuing competency pilot projects.

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The disciplinary [disciplining] authorities are authorized to develop and require licensees' participation in continuing competency pilot projects for the purpose of developing flexible, cost-efficient, effective, and geographically accessible competency assurance methods. The se…

RCW 18.130.300 Immunity from liability.

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(1) The secretary, members of the boards or commissions, or individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any disciplinary proceedings or other official acts performed in the course of their duties. (2) A voluntary substance ab…

RCW 18.130.310 Biennial report—Contents—Format.

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(1) Subject to RCW 40.07.040, the disciplinary [disciplining] authority shall submit a biennial report to the legislature on its proceedings during the biennium, detailing the number of complaints made, investigated, and adjudicated and manner of disposition. In addition, the rep…