RCW 18.71B.160 — Washington Code / Title 18 / Chapter 71B / Section 160
RCW 18.71B.160: State enforcement—Judicial notice—Service of process.
Status: in_force

(1) The executive, legislative, and judicial branches of state government in each member state shall enforce the compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of the compact and the rules promulgated hereunder shall have standing as statutory law but shall not override existing state authority to regulate the practice of medicine. (2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject manner [matter] of the compact which may affect the powers, responsibilities, or actions of the interstate commission. (3) The interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the interstate commission shall render a judgment or order void as to the interstate commission, the compact, or promulgated rules.
RCW 18.74.095 — Washington Code / Title 18 / Chapter 74 / Section 095
RCW 18.74.095: False advertising—Injunctions.
Status: in_force

If any person violates the provisions of this chapter, the attorney general, prosecuting attorney, the secretary, the board, or any citizen of the same county, may maintain an action in the name of the state to enjoin such person from practicing or holding himself or herself out as practicing physical therapy. The injunction shall not relieve criminal prosecution but the remedy by injunction shall be in addition to the liability of such offender for criminal prosecution and the suspension or revocation of his or her license.
RCW 18.85.311 — Washington Code / Title 18 / Chapter 85 / Section 311
RCW 18.85.311: Distribution of interest from brokers' trust accounts.
Status: in_force

Remittances received by the state treasurer pursuant to RCW 18.85.285 shall be divided between the housing trust fund created by RCW 43.185A.130 , which shall receive seventy-five percent and the real estate education program account created by RCW 18.85.321 , which shall receive twenty-five percent.
RCW 18.30.150 — Washington Code / Title 18 / Chapter 30 / Section 150
RCW 18.30.150: Partnerships with dentists.
Status: in_force

Notwithstanding any other provision of state law, a licensed denturist may enter into a partnership or other business association with a dentist, provided that such association does not impede the independent professional judgment of either party.Any person who violates any provisions of this chapter, or who causes or induces another to violate any provisions of this chapter, shall be guilty of a misdemeanor punishable by a fine of not more than five thousand dollars, or imprisonment in the county jail for not more than six months, or both.
RCW 18.108.250 — Washington Code / Title 18 / Chapter 108 / Section 250
RCW 18.108.250: Intraoral massage—Endorsement.
Status: in_force

(1) A massage therapist licensed under this chapter may apply for an endorsement to perform intraoral massage upon completion of training determined by the board and specified in rules. Training must include intraoral massage techniques, cranial anatomy, physiology, and kinesiology, hygienic practices, safety and sanitation, pathology, and contraindications. (2) A massage therapist who has obtained an intraoral massage endorsement to his or her massage therapist license may practice intraoral massage.
RCW 18.22.810 — Washington Code / Title 18 / Chapter 22 / Section 810
RCW 18.22.810: Opioid drugs—Right to refuse.
Status: in_force

By January 1, 2020, the board must adopt or amend its rules to require podiatric physicians who prescribe opioids to inform patients of their right to refuse an opioid prescription or order for any reason. If a patient indicates a desire to not receive an opioid, the podiatric physician must document the patient's request and avoid prescribing or ordering opioids, unless the request is revoked by the patient.
RCW 48.44.470 — Washington Code / Title 18 / Chapter 44 / Section 470
RCW 48.44.470: Nonresident pharmacies.
Status: in_force

For the purposes of this chapter, a nonresident pharmacy is defined as any pharmacy located outside this state that ships, mails, or delivers, in any manner, except when delivered in person to an enrolled participant or his/her representative, controlled substances, legend drugs, or devices into this state. After October 1, 1991, a health care service contractor providing coverage of prescription drugs from nonresident pharmacies may only provide coverage from licensed nonresident pharmacies. The health care service contractors shall obtain proof of current licensure in conformity with this section and RCW 18.64.350 through 18.64.400 from the nonresident pharmacy and keep that proof of licensure on file. The department may request from the health care service contractor the proof of current licensure for all nonresident pharmacies through which the insurer is providing coverage for prescription drugs for residents of the state of Washington. This information, which may constitute a full or partial customer list, shall be confidential and exempt from public disclosure, and from the requirements of chapter 42.56 RCW. The board or the department shall not be restricted in the disclosure of the name of a nonresident pharmacy that is or has been licensed under RCW 18.64.360 or 18.64.370 or of the identity of a nonresident pharmacy disciplined under RCW 18.64.350 through 18.64.400 .Upon application by the director or any other interested party and upon a showing that the interest of the creditors so requires, the superior court may appoint a receiver to take over, operate, or liquidate any escrow office in this state.
RCW 18.91.090 — Washington Code / Title 18 / Chapter 91 / Section 090
RCW 18.91.090: Rule making.
Status: in_force

(1) The commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rule-making authority in a manner that is beyond the scope and purposes of the compact, or the powers granted hereunder, or based upon another applicable standard of review. (2) For purposes of the compact, the rules of the commission shall have the force of law in each member state. (3) The commission shall exercise its rule-making powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules shall become binding as of the date specified in each rule. (4) If a majority of the legislatures of the member states rejects a rule or portion of a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state. (5) Rules shall be adopted at a regular or special meeting of the commission. (6) Prior to adoption of a proposed rule, the commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments. (7) Prior to adoption of a proposed rule by the commission, and at least 30 days in advance of the meeting at which the commission will hold a public hearing on the proposed rule, the commission shall provide a notice of proposed rule making: (a) On the website of the commission or other publicly accessible platform; (b) To persons who have requested notice of the commission's notices of proposed rule making; and (c) In such other way(s) as the commission may by rule specify. (8) The notice of proposed rule making shall include: (a) The time, date, and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the commission will consider and vote on the proposed rule; (b) If the hearing is held via telecommunication, videoconference, or other electronic means, the mechanism for access to the hearing in the notice of proposed rule making; (c) The text of the proposed rule and the reason therefor; (d) A request for comments on the proposed rule from any interested person; and (e) The manner in which interested persons may submit written comments. (9) All hearings will be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed rule shall be available to the public. (10) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section. (11) The commission shall, by majority vote of all commissioners, take final action on the proposed rule based on the rule-making record and the full text of the rule. (a) The commission may adopt changes to the proposed rule provided the changes are consistent with the original purpose of the proposed rule. (b) The commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters. (c) The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection (12) of this section, the effective date of the rule shall be no sooner than 30 days after issuing the notice that it adopted or amended the rule. (12) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 24 hours' notice, and with opportunity to comment, provided that the usual rule-making procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to: (a) Meet an imminent threat to public health, safety, or welfare; (b) Prevent a loss of commission or member state funds; (c) Meet a deadline for the promulgation of a rule that is established by federal law or rule; or (d) Protect public health and safety. (13) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission. (14)(a) No member state's rule-making process or procedural requirements shall apply to the commission. (b) The commission shall have no authority over any member state's rule-making process or procedural requirements that do not pertain to the compact. (15) Nothing in this compact, nor any rule or regulation of the commission, shall be construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations, or other rules related to the practice of respiratory therapy in that state, where those laws, regulations, or other rules are not inconsistent with the provisions of this compact.
RCW 18.53.060 — Washington Code / Title 18 / Chapter 53 / Section 060
RCW 18.53.060: License applicants—Eligibility—Qualifications—Examinations—Exception.
Status: in_force

From and after January 1, 1940, in order to be eligible for examination for registration, a person shall have a preliminary education of or equal to four years in a state accredited high school and has completed a full attendance course in a regularly chartered school of optometry maintaining a standard which is deemed sufficient and satisfactory by the optometry board, who is a person of good moral character, who has a visual acuity in at least one eye, of a standard known as 20/40 under correction: PROVIDED, That from and after January 1, 1975, in order to be eligible for examination for a license, a person shall have the following qualifications: (1) Be a graduate of a state accredited high school or its equivalent; (2) Have a diploma or other certificate of completion from an accredited college of optometry or school of optometry, maintaining a standard which is deemed sufficient and satisfactory by the optometry board, conferring its degree of doctor of optometry or its equivalent, maintaining a course of four scholastic years in addition to preprofessional college-level studies, and teaching substantially all of the following subjects: General anatomy, anatomy of the eyes, physiology, physics, chemistry, pharmacology, biology, bacteriology, general pathology, ocular pathology, ocular neurology, ocular myology, psychology, physiological optics, optometrical mechanics, clinical optometry, visual field charting and orthoptics, general laws of optics and refraction and use of the ophthalmoscope, retinoscope and other clinical instruments necessary in the practice of optometry; and (3) Be of good moral character. Such person shall file an application for an examination and license with said board at any time thirty days prior to the time fixed for such examination, or at a later date if approved by the board, and such application must be on forms approved by the board, and properly attested, and if found to be in accordance with the provisions of this chapter shall entitle the applicant upon payment of the proper fee, to take the examination prescribed by the board. Such examination shall not be out of keeping with the established teachings and adopted textbooks of the recognized schools of optometry, and shall be confined to such subjects and practices as are recognized as essential to the practice of optometry. All candidates without discrimination, who shall successfully pass the prescribed examination, shall be registered by the board and shall, upon payment of the proper fee, be issued a license. Any license to practice optometry in this state issued by the secretary, and which shall be in full force and effect at the time of passage of chapter 69, Laws of 1975 1st ex. sess., shall be continued.
RCW 18.64.360 — Washington Code / Title 18 / Chapter 64 / Section 360
RCW 18.64.360: Nonresident pharmacies—Definition—Requirements—Exemption—Reciprocity with Canadian pharmacies.
Status: in_force

(1) For the purposes of this chapter any pharmacy located outside this state that ships, mails, or delivers, in any manner, except when delivered in person to an individual, controlled substances, legend drugs, or devices into this state is a nonresident pharmacy, and shall be licensed by the department of health, and shall disclose to the department the following: (a) The location, names, and titles of all owners including corporate officers and all pharmacists employed by the pharmacy who are dispensing controlled substances, legend drugs, or devices to residents of this state. A report containing this information shall be made on an annual basis and within ninety days after a change of location, corporate officer, or pharmacist; (b) Proof of compliance with all lawful directions and requests for information from the regulatory or licensing agency of the state or Canadian province in which it is licensed as well as with all requests for information made by the department of health under this section. The nonresident pharmacy shall maintain, at all times, a valid unexpired license, permit, or registration to operate the pharmacy in compliance with the laws of the state or Canadian province in which it is located. As a prerequisite for initial licensure and renewal of a license by the department of health, the nonresident pharmacy must submit a copy of an inspection report: (i) Conducted by an inspection program approved by the commission as having substantially equivalent standards to those of the commission; and (ii) Issued within two years of application or renewal of a license; and (c) Proof that it maintains its records of controlled substances, legend drugs, or devices dispensed to patients in this state so that the records are readily retrievable from the records of other drugs dispensed. (2) Any pharmacy subject to this section shall, during its regular hours of operation, provide a toll-free telephone service to facilitate communication between patients in this state and a pharmacist at the pharmacy who has access to the patient's records. This toll-free number shall be disclosed on the label affixed to each container of drugs dispensed to patients in this state. (3) A pharmacy subject to this section shall comply with commission rules regarding the maintenance and use of patient medication record systems. (4) A pharmacy subject to this section shall comply with commission rules regarding the provision of drug information to the patient. Drug information may be contained in written form setting forth directions for use and any additional information necessary to assure the proper utilization of the medication prescribed. A label bearing the expiration date of the prescription must be affixed to each box, bottle, jar, tube, or other container of a prescription that is dispensed in this state by a pharmacy subject to this section. (5) A pharmacy subject to this section shall not dispense medication in a quantity greater than authorized by the prescriber. (6) The license fee specified by the secretary, in accordance with the provisions of RCW 43.70.250 , shall not exceed the fee charged to a pharmacy located in this state. (7) The license requirements of this section apply to nonresident pharmacies that ship, mail, or deliver controlled substances, legend drugs, and devices into this state only under a prescription. The commission may grant an exemption from licensing under this section upon application by an out-of-state pharmacy that restricts its dispensing activity in Washington to isolated transactions. (8) Each nonresident pharmacy that ships, mails, or delivers legend drugs or devices into this state shall designate a resident agent in Washington for service of process. The designation of such an agent does not indicate that the nonresident pharmacy is a resident of Washington for tax purposes. (9) The commission shall attempt to develop a reciprocal licensing agreement for licensure of nonresident pharmacies with Health Canada or an applicable Canadian province. If the commission is unable to develop such an agreement, the commission shall develop a process to license participating Canadian nonresident pharmacies through on-site inspection and certification.
RCW 18.210.130 — Washington Code / Title 18 / Chapter 210 / Section 130
RCW 18.210.130: Issuance of license.
Status: in_force

(1) The director shall issue a license to any applicant who meets the requirements of this chapter. The issuance of a license by the director is evidence that the person named is entitled to the rights and privileges of a licensed on-site wastewater treatment system designer as long as the license remains valid. (2) Each person licensed under this chapter shall obtain an inking stamp, of a design authorized by the board, that contains the licensee's name and license number. Plans, specifications, and reports prepared by the registrant must be signed, dated, and stamped. Signature and stamping constitute certification by the licensee that a plan, specification, or report was prepared by or under the direct supervision of a licensee. (3) Those persons who obtain a certificate of competency as provided in chapter 70A.105 RCW do not have the privileges granted to a license holder under this chapter and do not have authority to obtain and use a stamp as described in this section.
RCW 18.74.160 — Washington Code / Title 18 / Chapter 74 / Section 160
RCW 18.74.160: Authorization to practice—Referral to appropriate practitioner—Standards of ethics—Electroneuromyographic examinations—Authorization to purchase, store, and administer certain drugs or medication.
Status: in_force

(1) A physical therapist licensed under this chapter is fully authorized to practice physical therapy as defined in this chapter. (2) A physical therapist shall refer persons under his or her care to appropriate health care practitioners if the physical therapist has reasonable cause to believe symptoms or conditions are present that require services beyond the scope of practice under this chapter or when physical therapy is contraindicated. (3) Physical therapists and physical therapist assistants shall adhere to the recognized standards of ethics of the physical therapy profession and as further established by rule. (4) A physical therapist may perform electroneuromyographic examinations for the purpose of testing neuromuscular function only by referral from an authorized health care practitioner identified in *RCW 18.74.010 (7) and only upon demonstration of further education and training in electroneuromyographic examinations as established by rule. Within two years after July 1, 2005, the secretary shall waive the requirement for further education and training for those physical therapists licensed under this chapter who perform electroneuromyographic examinations. (5) A physical therapist licensed under this chapter may purchase, store, and administer medications such as hydrocortisone, fluocinonide, topical anesthetics, silver sulfadiazine, lidocaine, magnesium sulfate, zinc oxide, and other similar medications, and may administer such other drugs or medications as prescribed by an authorized health care practitioner for the practice of physical therapy. A pharmacist who dispenses such drugs to a licensed physical therapist is not liable for any adverse reactions caused by any method of use by the physical therapist.
RCW 18.390.010 — Washington Code / Title 18 / Chapter 390 / Section 010
RCW 18.390.010: Definitions.
Status: in_force

*** CHANGE IN 2026 *** (SEE 2384-S2.SL ) ***

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Application fee" means a fee charged to an individual or individuals prior to the execution of a residency agreement, apart from an entrance fee. (2) "Care" means nursing, medical, or other health-related services, protection or supervision, assistance with activities of daily living, or any combination of those services. (3) "Continuing care" means directly providing or indirectly making available, upon payment of an entrance fee and under a residency agreement, housing and care for a period of greater than one year. (4) "Continuing care retirement community" means an entity that agrees to provide continuing care to a resident under a residency agreement. "Continuing care retirement community" does not include an assisted living facility licensed under chapter 18.20 RCW that does not directly, or through a contractual arrangement with a separately owned and incorporated skilled nursing facility, offer or provide services under chapter 74.42 RCW. (5) "Department" means the department of social and health services. (6) "Entrance fee" means an initial or deferred transfer to a continuing care retirement community of a sum of money or other property made or promised to be made as full or partial consideration for acceptance of one or more residents in a continuing care retirement community. "Entrance fee" does not include deposits of ten thousand dollars or less or any amount that is based on rental or lease payments of one month or more. (7) "Prospective resident" means a person who has completed an application for admission to a continuing care retirement community and makes a refundable deposit to reserve a unit, excluding applicable administrative fees. (8) "Residency agreement" means a contract between a continuing care retirement community and a resident for the provision of continuing care for a period of greater than one year. (9) "Resident" means a person who enters into a residency agreement with a continuing care retirement community or who is designated in a residency agreement to be a person being provided with continuing care.
RCW 18.410.010 — Washington Code / Title 18 / Chapter 410 / Section 010
RCW 18.410.010: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Department" means the department of licensing. (2) "Director" means the director of licensing.
RCW 18.320.010 — Washington Code / Title 18 / Chapter 320 / Section 010
RCW 18.320.010: Representation as social worker.
Status: in_force

(1) To address the goal of safeguarding Washington residents from the unqualified or improper practice of social work, a person may not represent himself or herself as a social worker unless qualified as a social worker as defined in this section. (2) For purposes of this section, "social worker" means a person who meets one of the following qualifications: (a) Is licensed under RCW 18.225.090 (1)(a) or 18.225.145 (1)(a); or (b) Has graduated with at least a bachelor's degree from a social work educational program accredited by the council on social work education. (3) A public agency or private entity doing business in Washington may not use the title of social worker, or a form of the title, for describing or designating volunteer or employment positions or within contracts for services, reference materials, manuals, or other documents, unless the volunteers or employees working in those positions are qualified as a social worker as defined in this section. (4) This section does not apply to: (a) Persons employed in Washington on January 1, 2012, under the job title of social worker so long as the person continues to be employed by the same agency as on January 1, 2012; (b) Persons employed by the state of Washington on January 1, 2012, under the job title of social worker so long as the person continues to be employed by the state and who shall continue to have the same layoff, reversion, transfer, and promotional opportunities as were available to the employee on January 1, 2012; (c) Individuals employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States; or (d) Persons providing services as an educational staff associate who are certified by the Washington professional educator standards board. However, this section applies to a certified educational staff associate providing services outside the school setting. (5) As used in subsection (4) of this section, "agency" means any private employer or any agency of state government.
RCW 18.16.400 — Washington Code / Title 18 / Chapter 16 / Section 400
RCW 18.16.400: Cosmetology licensure compact.
Status: reserved

ARTICLE 1 PURPOSE The purpose of this compact is to facilitate the interstate practice and regulation of cosmetology with the goal of improving public access to, and the safety of, cosmetology services and reducing unnecessary burdens related to cosmetology licensure. Through this compact, the member states seek to establish a regulatory framework which provides for a new multistate licensing program. Through this new licensing program, the member states seek to provide increased value and mobility to licensed cosmetologists in the member states, while ensuring the provision of safe, effective, and reliable services to the public. This compact is designed to achieve the following objectives, and the member states hereby ratify the same intentions by subscribing hereto: (1) Provide opportunities for interstate practice by cosmetologists who meet uniform requirements for multistate licensure; (2) Enhance the abilities of member states to protect public health and safety, and prevent fraud and unlicensed activity within the profession; (3) Ensure and encourage cooperation between member states in the licensure and regulation of the practice of cosmetology; (4) Support relocating military members and their spouses; (5) Facilitate the exchange of information between member states related to the licensure, investigation, and discipline of the practice of cosmetology; (6) Provide for the licensure and mobility of the workforce in the profession, while addressing the shortage of workers and lessening the associated burdens on the member states. ARTICLE 2 DEFINITIONS As used in this compact, and except as otherwise provided, the following definitions shall govern the terms herein: (1) "Active military member" means any person with full-time duty status in the armed forces of the United States, including members of the national guard and reserve. (2) "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a member state's laws which is imposed by a state licensing authority or other regulatory body against a cosmetologist, including actions against an individual's license or authorization to practice such as revocation, suspension, probation, monitoring of the licensee, limitation of the licensee's practice, or any other encumbrance on a license affecting an individual's ability to participate in the cosmetology industry, including the issuance of a cease and desist order. (3) "Alternative program" means a nondisciplinary monitoring or prosecutorial diversion program approved by a member state's state licensing authority. (4) "Authorization to practice" means a legal authorization associated with a multistate license permitting the practice of cosmetology in that remote state, which shall be subject to the enforcement jurisdiction of the state licensing authority in that remote state. (5) "Background check" means the submission of information for an applicant for the purpose of obtaining that applicant's criminal history record information, as further defined in 28 C.F.R. Sec. 20.3(d), from the federal bureau of investigation and the agency responsible for retaining state criminal or disciplinary history in the applicant's home state. (6) "Charter member state" means member states who have enacted legislation to adopt this compact where such legislation predates the effective date of this compact as defined in Article 13 of this compact. (7) "Commission" means the government agency whose membership consists of all states that have enacted this compact, which is known as the cosmetology licensure compact commission, as defined in Article 9 of this compact, and which shall operate as an instrumentality of the member states. (8) "Cosmetologist" means an individual licensed in their home state to practice cosmetology. (9) "Cosmetology," "cosmetology services," and the "practice of cosmetology" mean the care and services provided by a cosmetologist as set forth in the member state's statutes and regulations in the state where the services are being provided. (10) "Current significant investigative information" means: (a) Investigative information that a state licensing authority, after an inquiry or investigation that complies with a member state's due process requirements, has reason to believe is not groundless and, if proved true, would indicate a violation of that state's laws regarding fraud or the practice of cosmetology; or (b) Investigative information that indicates that a licensee has engaged in fraud or represents an immediate threat to public health and safety, regardless of whether the licensee has been notified and had an opportunity to respond. (11) "Data system" means a repository of information about licensees including, but not limited to, license status, investigative information, and adverse actions. (12) "Disqualifying event" means any event which shall disqualify an individual from holding a multistate license under this compact, which the commission may by rule or order specify. (13) "Encumbered license" means a license in which an adverse action restricts the practice of cosmetology by a licensee, or where said adverse action has been reported to the commission. (14) "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of cosmetology by a state licensing authority. (15) "Executive committee" means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, the commission. (16) "Home state" means the member state which is a licensee's primary state of residence, and where that licensee holds an active and unencumbered license to practice cosmetology. (17) "Investigative information" means information, records, or documents received or generated by a state licensing authority pursuant to an investigation or other inquiry. (18) "Jurisprudence requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of cosmetology in a state. (19) "Licensee" means an individual who currently holds a license from a member state to practice as a cosmetologist. (20) "Member state" means any state that has adopted this compact. (21) "Multistate license" means a license issued by and subject to the enforcement jurisdiction of the state licensing authority in a licensee's home state, which authorizes the practice of cosmetology in member states and includes authorizations to practice cosmetology in all remote states pursuant to this compact. (22) "Remote state" means any member state, other than the licensee's home state. (23) "Rule" means any rule or regulation promulgated by the commission under this compact which has the force of law. (24) "Single-state license" means a cosmetology license issued by a member state that authorizes practice of cosmetology only within the issuing state and does not include any authorization outside of the issuing state. (25) "State" means a state, territory, or possession of the United States and the District of Columbia. (26) "State licensing authority" means a member state's regulatory body responsible for issuing cosmetology licenses or otherwise overseeing the practice of cosmetology in that state. ARTICLE 3 MEMBER STATE REQUIREMENTS (1) To be eligible to join this compact, and to maintain eligibility as a member state, a state must: (a) License and regulate cosmetology; (b) Have a mechanism or entity in place to receive and investigate complaints about licensees practicing in that state; (c) Require that licensees within the state pass a cosmetology competency examination prior to being licensed to provide cosmetology services to the public in that state; (d) Require that licensees satisfy educational or training requirements in cosmetology prior to being licensed to provide cosmetology services to the public in that state; (e) Implement procedures for considering one or more of the following categories of information from applicants for licensure: Criminal history; disciplinary history; or background check. Such procedures may include the submission of information by applicants for the purpose of obtaining an applicant's background check as defined in this compact; (f) Participate in the data system, including through the use of unique identifying numbers; (g) Share information related to adverse actions with the commission and other member states, both through the data system and otherwise; (h) Notify the commission and other member states, in compliance with the terms of the compact and rules of the commission, of the existence of investigative information or current significant investigative information in the state's possession regarding a licensee practicing in that state; (i) Comply with such rules as may be enacted by the commission to administer this compact; and (j) Accept licensees from other member states as established in this compact. (2) Member states may charge a fee for granting a license to practice cosmetology. (3) Individuals not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting a multistate license to provide services in any other member state. (4) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license. (5) A multistate license issued to a licensee by a home state to a resident of that state shall be recognized by each member state as authorizing a licensee to practice cosmetology in each member state. (6) At no point shall the commission have the power to define the educational or professional requirements for a license to practice cosmetology. The member states shall retain sole jurisdiction over the provision of these requirements. ARTICLE 4 MULTISTATE LICENSE (1) To be eligible to apply to their home state's state licensing authority for an initial multistate license under this compact, a licensee must hold an active and unencumbered single-state license to practice cosmetology in their home state. (2) Upon the receipt of an application for a multistate license, according to the rules of the commission, a member state's state licensing authority shall ascertain whether the applicant meets the requirements for a multistate license under this compact. (3) If an applicant meets the requirements for a multistate license under this compact and any applicable rules of the commission, the state licensing authority in receipt of the application shall, within a reasonable time, grant a multistate license to that applicant, and inform all member states of the grant of said multistate license. (4) A multistate license to practice cosmetology issued by a member state's state licensing authority shall be recognized by each member state as authorizing the practice thereof as though that licensee held a single-state license to do so in each member state, subject to the restrictions in this compact. (5) A multistate license granted pursuant to this compact may be effective for a definite period of time, concurrent with the licensure renewal period in the home state. (6) To maintain a multistate license under this compact, a licensee must: (a) Agree to abide by the rules of the state licensing authority, and the state scope of practice laws governing the practice of cosmetology, of any member state in which the licensee provides services; (b) Pay all required fees related to the application and process, and any other fees which the commission may by rule require; and (c) Comply with any and all other requirements regarding multistate licenses which the commission may by rule provide. (7) A licensee practicing in a member state is subject to all scope of practice laws governing cosmetology services in that state. (8) The practice of cosmetology under a multistate license granted pursuant to this compact will subject the licensee to the jurisdiction of the state licensing authority, the courts, and the laws of the member state in which the cosmetology services are provided. ARTICLE 5 REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE (1) A licensee may hold a multistate license, issued by their home state, in only one member state at any given time. (2)If a licensee changes their home state by moving between two member states: (a) The licensee shall immediately apply for the reissuance of their multistate license in their new home state. The licensee shall pay all applicable fees and notify the prior home state in accordance with the rules of the commission. (b) Upon receipt of an application to reissue a multistate license, the new home state shall verify that the multistate license is active, unencumbered, and eligible for reissuance under the terms of the compact and the rules of the commission. The multistate license issued by the prior home state will be deactivated and all member states notified in accordance with the applicable rules adopted by the commission. (c) If required for initial licensure, the new home state may require a background check as specified in the laws of that state, or the compliance with any jurisprudence requirements of the new home state. (d) Notwithstanding any other provision of this compact, if a licensee does not meet the requirements set forth in this compact for the reissuance of a multistate license by the new home state, then the licensee shall be subject to the new home state requirements for the issuance of a single-state license in that state. (3) If a licensee changes their primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, then the licensee shall be subject to the state requirements for the issuance of a single-state license in the new home state. (4) Nothing in this compact shall interfere with a licensee's ability to hold a single-state license in multiple states; however, for the purposes of this compact, a licensee shall have only one home state, and only one multistate license. (5) Nothing in this compact shall interfere with the requirements established by a member state for the issuance of a single-state license. ARTICLE 6 AUTHORITY OF THE COMPACT COMMISSION AND MEMBER STATE LICENSING AUTHORITIES (1) Nothing in this compact, nor any rule or regulation of the commission, shall be construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations, or other rules related to the practice of cosmetology in that state, where those laws, regulations, or other rules are not inconsistent with the provisions of this compact. (2) Insofar as practical, a member state's state licensing authority shall cooperate with the commission and with each entity exercising independent regulatory authority over the practice of cosmetology according to the provisions of this compact. (3) Discipline shall be the sole responsibility of the state in which cosmetology services are provided. Accordingly, each member state's state licensing authority shall be responsible for receiving complaints about individuals practicing cosmetology in that state, and for communicating all relevant investigative information about any such adverse action to the other member states through the data system in addition to any other methods the commission may by rule require. ARTICLE 7 ADVERSE ACTIONS (1) A licensee's home state shall have exclusive power to impose an adverse action against a licensee's multistate license issued by the home state. (2) A home state may take adverse action on a multistate license based on the investigative information, current significant investigative information, or adverse action of a remote state. (3) In addition to the powers conferred by state law, each remote state's state licensing authority shall have the power to: (a) Take adverse action against a licensee's authorization to practice cosmetology through the multistate license in that member state, provided that: (i) Only the licensee's home state shall have the power to take adverse action against the multistate license issued by the home state; and (ii) For the purposes of taking adverse action, the home state's state licensing authority shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine the appropriate action; (b) Issue cease and desist orders or impose an encumbrance on a licensee's authorization to practice within that member state; (c) Complete any pending investigations of a licensee who changes their primary state of residence during the course of such an investigation. The state licensing authority shall also be empowered to report the results of such an investigation to the commission through the data system as described in this compact; (d) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a state licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings before it. The issuing state licensing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located; (e) If otherwise permitted by state law, recover from the affected licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee; (f) Take adverse action against the licensee's authorization to practice in that state based on the factual findings of another remote state. (4) A licensee's home state shall complete any pending investigation(s) of a cosmetologist who changes their primary state of residence during the course of the investigation(s). The home state shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the data system. (5) If an adverse action is taken by the home state against a licensee's multistate license, the licensee's authorization to practice in all other member states shall be deactivated until all encumbrances have been removed from the home state license. All home state disciplinary orders that impose an adverse action against a licensee's multistate license shall include a statement that the cosmetologist's authorization to practice is deactivated in all member states during the pendency of the order. (6) Nothing in this compact shall override a member state's authority to accept a licensee's participation in an alternative program in lieu of adverse action. A licensee's multistate license shall be suspended for the duration of the licensee's participation in any alternative program. (7) Joint investigations. (a) In addition to the authority granted to a member state by its respective scope of practice laws or other applicable state law, a member state may participate with other member states in joint investigations of licensees. (b) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this compact. ARTICLE 8 ACTIVE MILITARY MEMBERS AND THEIR SPOUSES Active military members, or their spouses, shall designate a home state where the individual has a current license to practice cosmetology in good standing. The individual may retain their home state designation during any period of service when that individual or their spouse is on active duty assignment. ARTICLE 9 ESTABLISHMENT AND OPERATION OF THE COSMETOLOGY LICENSURE COMPACT COMMISSION (1) The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the compact known as the cosmetology licensure compact commission. The commission is an instrumentality of the compact member states acting jointly and not an instrumentality of any one state. The commission shall come into existence on or after the effective date of the compact as set forth in Article 13 of this compact. (2) Membership, voting, and meetings. (a) Each member state shall have and be limited to one delegate selected by that member state's state licensing authority. (b) The delegate shall be an administrator of the state licensing authority of the member state or their designee. (c) The commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits. (d) The commission may recommend removal or suspension of any delegate from office. (e) A member state's state licensing authority shall fill any vacancy of its delegate occurring on the commission within 60 days of the vacancy. (f) Each delegate shall be entitled to one vote on all matters that are voted on by the commission. (g) The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, videoconference, or other similar electronic means. (3) The commission shall have the following powers: (a) Establish the fiscal year of the commission; (b) Establish code of conduct and conflict of interest policies; (c) Adopt rules and bylaws; (d) Maintain its financial records in accordance with the bylaws; (e) Meet and take such actions as are consistent with the provisions of this compact, the commission's rules, and the bylaws; (f) Initiate and conclude legal proceedings or actions in the name of the commission, provided that the standing of any state licensing authority to sue or be sued under applicable law shall not be affected; (g) Maintain and certify records and information provided to a member state as the authenticated business records of the commission, and designate an agent to do so on the commission's behalf; (h) Purchase and maintain insurance and bonds; (i) Borrow, accept, or contract for services of personnel including, but not limited to, employees of a member state; (j) Conduct an annual financial review; (k) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; (l) As set forth in the commission rules, charge a fee to a licensee for the grant of a multistate license and thereafter, as may be established by commission rule, charge the licensee a multistate license renewal fee for each renewal period. Nothing in this compact shall be construed to prevent a home state from charging a licensee a fee for a multistate license or renewals of a multistate license, or a fee for the jurisprudence requirement if the member state imposes such a requirement for the grant of a multistate license; (m) Assess and collect fees; (n) Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest; (o) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein; (p) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed; (q) Establish a budget and make expenditures; (r) Borrow money; (s) Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws; (t) Provide and receive information from, and cooperate with, law enforcement agencies; (u) Elect a chair, vice chair, secretary, and treasurer and such other officers of the commission as provided in the commission's bylaws; (v) Establish and elect an executive committee, including a chair and a vice chair; (w) Adopt and provide to the member states an annual report; (x) Determine whether a state's adopted language is materially different from the model compact language such that the state would not qualify for participation in the compact; and (y) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact. (4) The executive committee. (a) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee shall include: (i) Overseeing the day-to-day activities of the administration of the compact including compliance with the provisions of the compact, the commission's rules and bylaws, and other such duties as deemed necessary; (ii) Recommending to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees; (iii) Ensuring compact administration services are appropriately provided, including by contract; (iv) Preparing and recommending the budget; (v) Maintaining financial records on behalf of the commission; (vi) Monitoring compact compliance of member states and providing compliance reports to the commission; (vii) Establishing additional committees as necessary; (viii) Exercising the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and (ix) Other duties as provided in the rules or bylaws of the commission. (b)(i) The executive committee shall be composed of up to seven voting members: (A) The chair and vice chair of the commission and any other members of the commission who serve on the executive committee shall be voting members of the executive committee; and (B) Other than the chair, vice chair, secretary, and treasurer, the commission shall elect three voting members from the current membership of the commission. (ii) The commission may elect ex officio, nonvoting members from a recognized national cosmetology professional association as approved by the commission. The commission's bylaws shall identify qualifying organizations and the manner of appointment if the number of organizations seeking to appoint an ex officio member exceeds the number of members specified in this Article. (c) The commission may remove any member of the executive committee as provided in the commission's bylaws. (d) The executive committee shall meet at least annually. (i) Annual executive committee meetings, as well as any executive committee meeting at which it does not take or intend to take formal action on a matter for which a commission vote would otherwise be required, shall be open to the public, except that the executive committee may meet in a closed, nonpublic session of a public meeting when dealing with any of the matters covered under subsection (6)(d) of this Article. (ii) The executive committee shall give five business days' advance notice of its public meetings, posted on its website and as determined to provide notice to persons with an interest in the public matters the executive committee intends to address at those meetings. (e) The executive committee may hold an emergency meeting when acting for the commission to: (i) Meet an imminent threat to public health, safety, or welfare; (ii) Prevent a loss of commission or member state funds; or (iii) Protect public health and safety. (5) The commission shall adopt and provide to the member states an annual report. (6) Meetings of the commission. (a) All meetings of the commission that are not closed pursuant to (d) of this subsection shall be open to the public. Notice of public meetings shall be posted on the commission's website at least 30 days prior to the public meeting. (b) Notwithstanding (a) of this subsection, the commission may convene an emergency public meeting by providing at least 24 hours' prior notice on the commission's website, and any other means as provided in the commission's rules, for any of the reasons it may dispense with notice of proposed rule making under Article 11(12) of this compact. The commission's legal counsel shall certify that one of the reasons justifying an emergency public meeting has been met. (c) Notice of all commission meetings shall provide the time, date, and location of the meeting, and if the meeting is to be held or accessible via telecommunication, videoconference, or other electronic means, the notice shall include the mechanism for access to the meeting. (d) The commission may convene in a closed, nonpublic meeting for the commission to discuss: (i) Noncompliance of a member state with its obligations under the compact; (ii) The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures; (iii) Current or threatened discipline of a licensee by the commission or by a member state's state licensing authority; (iv) Current, threatened, or reasonably anticipated litigation; (v) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; (vi) Accusing any person of a crime or formally censuring any person; (vii) Trade secrets or commercial or financial information that is privileged or confidential; (viii) Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (ix) Investigative records compiled for law enforcement purposes; (x) Information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; (xi) Legal advice; (xii) Matters specifically exempted from disclosure to the public by federal or member state law; or (xiii) Other matters as promulgated by the commission by rule. (e) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes. (f) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction. (7) Financing of the commission. (a) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. (b) The commission may accept any and all appropriate sources of revenue, donations, and grants of money, equipment, supplies, materials, and services. (c) The commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a multistate license to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based upon a formula that the commission shall promulgate by rule. (d) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any member states, except by and with the authority of the member state. (e) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the commission. (8) Qualified immunity, defense, and indemnification. (a) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing in this subsection (8)(a) shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the commission shall not in any way compromise or limit the immunity granted hereunder. (b) The commission shall defend any member, officer, executive director, employee, and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct. (c) The commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person. (d) Nothing herein shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws. (e) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member state's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman act, Clayton act, or any other state or federal antitrust or anticompetitive law or regulation. (f) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the member states or by the commission. ARTICLE 10 DATA SYSTEM (1) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system. (2) The commission shall assign each applicant for a multistate license a unique identifier, as determined by the rules of the commission. (3) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including: (a) Identifying information; (b) Licensure data; (c) Adverse actions against a license and information related thereto; (d) Nonconfidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation; (e) Any denial of application for licensure, and the reason(s) for such denial (excluding the reporting of any criminal history record information where prohibited by law); (f) The existence of investigative information; (g) The existence of current significant investigative information; and (h) Other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the commission. (4) The records and information provided to a member state pursuant to this compact or through the data system, when certified by the commission or an agent thereof, shall constitute the authenticated business records of the commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a member state. (5) The existence of current significant investigative information and the existence of investigative information pertaining to a licensee in any member state will only be available to other member states. (6) It is the responsibility of the member states to monitor the database to determine whether adverse action has been taken against such a licensee or license applicant. Adverse action information pertaining to a licensee or license applicant in any member state will be available to any other member state. (7) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state. (8) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system. ARTICLE 11 RULE MAKING (1) The commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of this compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rule-making authority in a manner that is beyond the scope and purposes of the compact, or the powers granted hereunder, or based upon another applicable standard of review. (2) The rules of the commission shall have the force of law in each member state, provided however that where the rules of the commission conflict with the laws of the member state that establish the member state's scope of practice laws governing the practice of cosmetology as held by a court of competent jurisdiction, the rules of the commission shall be ineffective in that state to the extent of the conflict. (3) The commission shall exercise its rule-making powers pursuant to the criteria set forth in this Article and the rules adopted thereunder. Rules shall become binding as of the date specified by the commission for each rule. (4) If a majority of the legislatures of the member states rejects a rule or portion of a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state or to any state applying to participate in the compact. (5) Rules shall be adopted at a regular or special meeting of the commission. (6) Prior to adoption of a proposed rule, the commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments. (7) Prior to adoption of a proposed rule by the commission, and at least 30 days in advance of the meeting at which the commission will hold a public hearing on the proposed rule, the commission shall provide a notice of proposed rule making: (a) On the website of the commission or other publicly accessible platform; (b) To persons who have requested notice of the commission's notices of proposed rule making; and (c) In such other way(s) as the commission may by rule specify. (8) The notice of proposed rule making shall include: (a) The time, date, and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the commission will consider and vote on the proposed rule; (b) If the hearing is held via telecommunication, videoconference, or other electronic means, the commission shall include the mechanism for access to the hearing in the notice of proposed rule making; (c) The text of the proposed rule and the reason therefor; (d) A request for comments on the proposed rule from any interested person; and (e) The manner in which interested persons may submit written comments. (9) All hearings will be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed rule shall be available to the public. (10) Nothing in this Article shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this Article. (11) The commission shall, by majority vote of all members, take final action on the proposed rule based on the rule-making record and the full text of the rule. (a) The commission may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the proposed rule. (b) The commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters. (c) The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in Article 11(12) of this compact, the effective date of the rule shall be no sooner than 45 days after the commission issuing the notice that it adopted or amended the rule. (12) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with five days' notice, with opportunity to comment, provided that the usual rule-making procedures provided in the compact and in this Article shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately to: (a) Meet an imminent threat to public health, safety, or welfare; (b) Prevent a loss of commission or member state funds; (c) Meet a deadline for the promulgation of a rule that is established by federal law or rule; or (d) Protect public health and safety. (13) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission. (14) No member state's rule-making requirements shall apply under this compact. ARTICLE 12 OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT (1) Oversight. (a) The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement the compact. (b) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter. (c) The commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission service of process shall render a judgment or order void as to the commission, this compact, or promulgated rules. (2) Default, technical assistance, and termination. (a) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the commission may take, and shall offer training and specific technical assistance regarding the default. (b) The commission shall provide a copy of the notice of default to the other member states. (c) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the delegates of the member states, and all rights, privileges, and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default. (d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, the defaulting state's state licensing authority, and each of the member states' state licensing authority. (e) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. (f) Upon the termination of a state's membership from this compact, that state shall immediately provide notice to all licensees who hold a multistate license within that state of such termination. The terminated state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of said notice of termination. (g) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state. (h) The defaulting state may appeal the action of the commission by petitioning the United States district court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees. (3) Dispute resolution. (a) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states. (b) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. (4) Enforcement. (a) The commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact and the commission's rules. (b) By majority vote as provided by commission rule, the commission may initiate legal action against a member state in default in the United States district court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or the defaulting member state's law. (c) A member state may initiate legal action against the commission in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees. (d) No individual or entity other than a member state may enforce this compact against the commission. ARTICLE 13 EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT (1) The compact shall come into effect on the date on which the compact statute is enacted into law in the seventh member state. (a) On or after the effective date of the compact, the commission shall convene and review the enactment of each of the charter member states to determine if the statute enacted by each such charter member state is materially different than the model compact statute. (i) A charter member state whose enactment is found to be materially different from the model compact statute shall be entitled to the default process set forth in Article 12 of this compact. (ii) If any member state is later found to be in default, or is terminated or withdraws from the compact, the commission shall remain in existence and the compact shall remain in effect even if the number of member states should be less than seven. (b) Member states enacting the compact subsequent to the charter member states shall be subject to the process set forth in Article 9(3)(x) of this compact to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in the compact. (c) All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission. (d) Any state that joins the compact shall be subject to the commission's rules and bylaws as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state. (2) Any member state may withdraw from this compact by enacting a statute repealing that state's enactment of the compact. (a) A member state's withdrawal shall not take effect until 180 days after enactment of the repealing statute. (b) Withdrawal shall not affect the continuing requirement of the withdrawing state's state licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal. (c) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of such notice of withdrawal. (3) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact. (4) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states. ARTICLE 14 CONSTRUCTION AND SEVERABILITY (1) This compact and the commission's rule-making authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the commission's rule-making authority solely for those purposes. (2) The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is held by a court of competent jurisdiction to be contrary to the Constitution of any member state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person, or circumstance shall not be affected thereby. (3) Notwithstanding subsection (2) of this Article, the commission may deny a state's participation in the compact or, in accordance with the requirements of Article 12 of this compact, terminate a member state's participation in the compact, if it determines that a constitutional requirement of a member state is a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the Constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters. ARTICLE 15 CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS (1) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact. (2) Any laws, statutes, regulations, or other legal requirements in a member state in conflict with the compact are superseded to the extent of the conflict. (3) All permissible agreements between the commission and the member states are binding in accordance with their terms.
RCW 18.83A.900 — Washington Code / Title 18 / Chapter 83A / Section 900
RCW 18.83A.900: Short title—2022 c 5.
Status: in_force

Chapter 5, Laws of 2022 may be known and cited as the psychology interjurisdictional compact act.
RCW 18.130.175 — Washington Code / Title 18 / Chapter 130 / Section 175
RCW 18.130.175: Physician health and voluntary substance use disorder monitoring programs.
Status: in_force

(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 a physician health program or a voluntary substance use disorder monitoring program approved by the disciplining authority. The cost of evaluation and treatment shall be the responsibility of the license holder, but the responsibility does not preclude payment by an employer, existing insurance coverage, or other sources. Evaluation and treatment shall be provided by providers approved by the entity or the commission. The disciplining authority may also approve the use of out-of-state programs. Referral of the license holder to the physician health program or voluntary substance use disorder monitoring program shall be done only with the consent of the license holder. Referral to the physician health program or voluntary substance use disorder monitoring program may also include probationary conditions for a designated period of time. If the license holder does not consent to be referred to the program or does not successfully complete the program, the disciplining authority may take appropriate action under RCW 18.130.160 which includes suspension of the license unless or until the disciplining authority, in consultation with the director of the applicable program, determines the license holder is able to practice safely. The secretary shall adopt uniform rules for the evaluation by the disciplining authority of return to substance use or program violation on the part of a license holder in the program. The evaluation shall encourage program participation with additional conditions, in lieu of disciplinary action, when the disciplining authority determines that the license holder is able to continue to practice with reasonable skill and safety. (2) In addition to approving the physician health program or the voluntary substance use disorder monitoring program that may receive referrals from the disciplining authority, the disciplining authority may establish by rule requirements for participation of license holders who are not being investigated or monitored by the disciplining authority. License holders voluntarily participating in the approved programs without being referred by the disciplining authority shall not be subject to disciplinary action under RCW 18.130.160 for their impairing or potentially impairing health condition, and shall not have their participation made known to the disciplining authority, if they meet the requirements of this section and the program in which they are participating. (3) The license holder shall sign a waiver allowing the program to release information to the disciplining authority if the licensee does not comply with the requirements of this section or is unable to practice with reasonable skill or safety. The physician health program or voluntary substance use disorder program shall report to the disciplining authority any license holder who fails to comply with the requirements of this section or the program or who, in the opinion of the program, is unable to practice with reasonable skill or safety. License holders shall report to the disciplining authority if they fail to comply with this section or do not complete the program's requirements. License holders may, upon the agreement of the program and disciplining authority, reenter the program if they have previously failed to comply with this section. (4) Program records including, but not limited to, case notes, progress notes, laboratory reports, evaluation and treatment records, electronic and written correspondence within the program, and between the program and the participant or other involved entities including, but not limited to, employers, credentialing bodies, referents, or other collateral sources, relating to license holders referred to or voluntarily participating in approved programs are confidential and exempt from disclosure under chapter 42.56 RCW and shall not be subject to discovery by subpoena or admissible as evidence except: (a) To defend any civil action by a license holder regarding the restriction or revocation of that individual's clinical or staff privileges, or termination of a license holder's employment. In such an action, the program will, upon subpoena issued by either party to the action, and upon the requesting party seeking a protective order for the requested disclosure, provide to both parties of the action written disclosure that includes the following information: (i) Verification of a health care professional's participation in the physician health program or voluntary substance use disorder monitoring program as it relates to aspects of program involvement at issue in the civil action; (ii) The dates of participation; (iii) Whether or not the program identified an impairing or potentially impairing health condition; (iv) Whether the health care professional was compliant with the requirements of the physician health program or voluntary substance use disorder monitoring program; and (v) Whether the health care professional successfully completed the physician health program or voluntary substance use disorder monitoring program; and (b) Records provided to the disciplining authority for cause as described in subsection (3) of this section. Program records relating to license holders mandated to the program, through order or by stipulation, by the disciplining authority or relating to license holders reported to the disciplining authority by the program for cause, must be released to the disciplining authority at the request of the disciplining authority. Records held by the disciplining authority under this section are exempt from chapter 42.56 RCW and are not subject to discovery by subpoena except by the license holder. (5) This section does not affect an employer's right or ability to make employment-related decisions regarding a license holder. This section does not restrict the authority of the disciplining authority to take disciplinary action for any other unprofessional conduct. (6) A person who, in good faith, reports information or takes action in connection with this section is immune from civil liability for reporting information or taking the action. (a) The immunity from civil liability provided by this section shall be liberally construed to accomplish the purposes of this section, and applies to both license holders and students and trainees when students and trainees of the applicable professions are served by the program. The persons entitled to immunity shall include: (i) An approved physician health program or voluntary substance use disorder monitoring program; (ii) The professional association affiliated with the program; (iii) Members, employees, or agents of the program or associations; (iv) Persons reporting a license holder as being possibly impaired or providing information about the license holder's impairment; and (v) Professionals supervising or monitoring the course of the program participant's treatment or rehabilitation. (b) The courts are strongly encouraged to impose sanctions on program participants and their attorneys whose allegations under this subsection are not made in good faith and are without either reasonable objective, substantive grounds, or both. (c) The immunity provided in this section is in addition to any other immunity provided by law. (7) In the case of a person who is applying to be a substance use disorder professional or substance use disorder professional trainee certified under chapter 18.205 RCW, an agency affiliated counselor credentialed under chapter 18.19 RCW, or a peer support specialist or peer support specialist trainee certified under chapter 18.420 RCW, if the person is: (a) Less than one year in recovery from a substance use disorder, the duration of time that the person may be required to participate in an approved substance use disorder monitoring program may not exceed the amount of time necessary for the person to achieve one year in recovery; or (b) At least one year in recovery from a substance use disorder, the person may not be required to participate in the approved substance use disorder monitoring program. (8) The provisions of subsection (7) of this section apply to any person employed as a peer support specialist as of July 1, 2025, participating in a program under this section as of July 1, 2025, and applying to become a certified peer support specialist under RCW 18.420.050 , regardless of when the person's participation in a program began. To this extent, subsection (7) of this section applies retroactively, but in all other respects it applies prospectively.
RCW 18.35.050 — Washington Code / Title 18 / Chapter 35 / Section 050
RCW 18.35.050: Examination—Required—When offered—Review.
Status: in_force

Except as otherwise provided in this chapter an applicant for license shall appear at a time and place and before such persons as the department may designate to be examined by written or practical tests, or both. Examinations in hearing aid specialist, speech-language pathology, and audiology shall be held within the state at least once a year. The examinations shall be reviewed annually by the board and the department, and revised as necessary. The examinations shall include appropriate subject matter to ensure the competence of the applicant. Nationally recognized examinations in the fields of fitting and dispensing of hearing instruments, speech-language pathology, and audiology may be used to determine if applicants are qualified for licensure. An applicant who fails an examination may apply for reexamination upon payment of a reexamination fee. The hearing aid specialist reexamination fee for hearing aid specialists and audiologists shall be set by the secretary under RCW 43.70.250 .
RCW 18.360.060 — Washington Code / Title 18 / Chapter 360 / Section 060
RCW 18.360.060: Delegation—Health care practitioner duties.
Status: in_force

(1) Prior to delegation of any of the functions in RCW 18.360.050 , a health care practitioner shall determine to the best of his or her ability each of the following: (a) That the task is within that health care practitioner's scope of licensure or authority; (b) That the task is indicated for the patient; (c) The appropriate level of supervision; (d) That no law prohibits the delegation; (e) That the person to whom the task will be delegated is competent to perform that task; and (f) That the task itself is one that should be appropriately delegated when considering the following factors: (i) That the task can be performed without requiring the exercise of judgment based on clinical knowledge; (ii) That results of the task are reasonably predictable; (iii) That the task can be performed without a need for complex observations or critical decisions; (iv) That the task can be performed without repeated clinical assessments; and (v)(A) For a medical assistant other than a medical assistant-hemodialysis technician, that the task, if performed improperly, would not present life-threatening consequences or the danger of immediate and serious harm to the patient; and (B) For a medical assistant-hemodialysis technician, that the task, if performed improperly, is not likely to present life-threatening consequences or the danger of immediate and serious harm to the patient. (2) Nothing in this section prohibits the use of protocols that do not involve clinical judgment and do not involve the administration of medications, other than vaccines.
RCW 18.200.010 — Washington Code / Title 18 / Chapter 200 / Section 010
RCW 18.200.010: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Advisory committee" means the orthotics and prosthetics advisory committee. (2) "Department" means the department of health. (3) "Secretary" means the secretary of health or the secretary's designee. (4) "Orthotics" means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing, as well as providing the initial training necessary to accomplish the fitting of, an orthosis for the support, correction, or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity. The practice of orthotics encompasses evaluation, treatment, and consultation. With basic observational gait and postural analysis, orthotists assess and design orthoses to maximize function and provide not only the support but the alignment necessary to either prevent or correct deformity or to improve the safety and efficiency of mobility or locomotion, or both. Orthotic practice includes providing continuing patient care in order to assess its effect on the patient's tissues and to assure proper fit and function of the orthotic device by periodic evaluation. (5) "Orthotist" means a person licensed to practice orthotics under this chapter. (6) "Orthosis" means a custom-fabricated, definitive brace or support that is designed for long-term use. Except for the treatment of scoliosis, orthosis does not include prefabricated or direct-formed orthotic devices, as defined in this section, or any of the following assistive technology devices: Commercially available knee orthoses used following injury or surgery; spastic muscle tone-inhibiting orthoses; upper extremity adaptive equipment; finger splints; hand splints; custom-made, leather wrist gauntlets; face masks used following burns; wheelchair seating that is an integral part of the wheelchair and not worn by the patient independent of the wheelchair; fabric or elastic supports; corsets; arch supports, also known as foot orthotics; low-temperature formed plastic splints; trusses; elastic hose; canes; crutches; cervical collars; dental appliances; and other similar devices as determined by the secretary, such as those commonly carried in stock by a pharmacy, department store, corset shop, or surgical supply facility. Prefabricated orthoses, also known as custom-fitted, or off-the-shelf, are devices that are manufactured as commercially available stock items for no specific patient. Direct-formed orthoses are devices formed or shaped during the molding process directly on the patient's body or body segment. Custom-fabricated orthoses, also known as custom-made orthoses, are devices designed and fabricated, in turn, from raw materials for a specific patient and require the generation of an image, form, or mold that replicates the patient's body or body segment and, in turn, involves the rectification of dimensions, contours, and volumes to achieve proper fit, comfort, and function for that specific patient. (7) "Prosthetics" means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, aligning, adjusting, or servicing, as well as providing the initial training necessary to accomplish the fitting of, a prosthesis through the replacement of external parts of a human body lost due to amputation or congenital deformities or absences. The practice of prosthetics also includes the generation of an image, form, or mold that replicates the patient's body or body segment and that requires rectification of dimensions, contours, and volumes for use in the design and fabrication of a socket to accept a residual anatomic limb to, in turn, create an artificial appendage that is designed either to support body weight or to improve or restore function or cosmesis, or both. Involved in the practice of prosthetics is observational gait analysis and clinical assessment of the requirements necessary to refine and mechanically fix the relative position of various parts of the prosthesis to maximize the function, stability, and safety of the patient. The practice of prosthetics includes providing continuing patient care in order to assess the prosthetic device's effect on the patient's tissues and to assure proper fit and function of the prosthetic device by periodic evaluation. (8) "Prosthetist" means a person who is licensed to practice prosthetics under this chapter. (9) "Prosthesis" means a definitive artificial limb that is alignable or articulated, or, in lower extremity applications, capable of weight bearing. Prosthesis means an artificial medical device that is not surgically implanted and that is used to replace a missing limb, appendage, or other external human body part including an artificial limb, hand, or foot. The term does not include artificial eyes, ears, fingers or toes, dental appliances, ostomy products, devices such as artificial breasts, eyelashes, wigs, or other devices as determined by the secretary that do not have a significant impact on the musculoskeletal functions of the body. In the lower extremity of the body, the term prosthesis does not include prostheses required for amputations distal to and including the transmetatarsal level. In the upper extremity of the body, the term prosthesis does not include prostheses that are provided to restore function for amputations distal to and including the carpal level. (10) "Authorized health care practitioner" means licensed physicians, physician's assistants, osteopathic physicians, chiropractors, naturopaths, podiatric physicians and surgeons, dentists, and *advanced registered nurse practitioners.
RCW 18.104.097 — Washington Code / Title 18 / Chapter 104 / Section 097
RCW 18.104.097: Resource protection well operator's training license.
Status: in_force

The department may issue a resource protection well operator's training license if the person: (1) Has submitted a completed application to the department on forms provided by the department and has paid to the department the application fee required by rules adopted pursuant to this chapter; (2) Has acquired field experience and educational training required by rules adopted pursuant to this chapter; (3) Has passed a written examination as provided for in RCW 18.104.080 ; (4) Has passed an on-site examination by the department; and (5) Presents a statement by a person licensed under this chapter, other than a trainee, signed under penalty of perjury as provided in chapter 5.50 RCW, verifying that the applicant has the field experience required by rules adopted pursuant to this chapter and assuming liability for any and all well construction activities of the person seeking the training license. A person with a resource protection well construction operator's training license may operate a drilling rig without direct supervision of a licensed operator if a licensed operator is accessible by radio, telephone, or other means of communication.
RCW 18.420.050 — Washington Code / Title 18 / Chapter 420 / Section 050
RCW 18.420.050: Certification requirements.
Status: in_force

(1) Beginning July 1, 2025, except as provided in subsections (2) and (3) of this section, the secretary shall issue a certificate to practice as a certified peer support specialist to any applicant who demonstrates to the satisfaction of the secretary that the applicant meets the following requirements: (a) Submission of an attestation to the department that the applicant self-identifies as: (i) A person with one or more years of recovery from a mental health condition, substance use disorder, or both; or (ii) The parent or legal guardian of a youth who is receiving or has received behavioral health services; (b) Successful completion of the education course developed and offered by the health care authority under RCW 71.24.920 ; (c) Successful passage of an oral examination administered by the health care authority upon completion of the education course offered by the health care authority under RCW 71.24.920 ; (d) Successful passage of a written examination administered by the health care authority upon completion of the education course offered by the health care authority under RCW 71.24.920 ; (e) Successful completion of an experience requirement of at least 1,000 supervised hours as a certified peer support specialist trainee engaged in the volunteer or paid practice of peer support services, in accordance with the standards in RCW 18.420.060 ; and (f) Payment of the appropriate fee required under this chapter. (2) The secretary shall establish criteria for the issuance of a certificate to engage in the practice of peer support services based on prior experience as a peer specialist attained before July 1, 2025. The criteria shall establish equivalency standards necessary to be deemed to have met the requirements of subsection (1) of this section. An applicant under this subsection shall have until July 1, 2026, to complete any standards in which the applicant is determined to be deficient. (3) The secretary shall issue a certificate to engage in the practice of peer support services based on completion of an apprenticeship program registered and approved under chapter 49.04 RCW. (4) A certificate to engage in the practice of peer support services is valid for two years. A certificate may be renewed upon demonstrating to the department that the certified peer support specialist has successfully completed 30 hours of continuing education approved by the department. As part of the continuing education requirement, every six years the applicant must submit proof of successful completion of at least three hours of suicide prevention training and at least six hours of coursework in professional ethics and law, which may include topics under RCW 18.130.180 .
RCW 18.16.110 — Washington Code / Title 18 / Chapter 16 / Section 110
RCW 18.16.110: Issuance of licenses—Renewals—Reinstatement—Duplicates.
Status: in_force

(1) The director shall issue the appropriate license to any applicant who meets the requirements as outlined in this chapter. (2) Except as provided in RCW 18.16.260 : (a) Failure to renew a license by its expiration date subjects the holder to a penalty fee and payment of each year's renewal fee, at the current rate; and (b) A person whose license has not been renewed within one year after its expiration date shall have the license canceled and shall be required to submit an application, pay the license fee, meet current licensing requirements, and pass any applicable examination or examinations, in addition to the other requirements of this chapter, before the license may be reinstated, provided that a person whose license expired on or after March 1, 2020, may renew the license, including if the license was canceled, until June 30, 2023. (3) In lieu of the requirements of subsection (2)(a) of this section, a license placed on inactive status under RCW 18.16.290 may be reinstated to good standing upon receipt by the department of: (a) Payment of a renewal fee, without penalty, for a two-year license commencing on the date the license is reinstated; and (b) if the license was on inactive status during any time that the board finds that a health or other requirement applicable to the license has changed, evidence showing that the holder of the license has successfully completed, from a school licensed under RCW 18.16.140 , at least the number of curriculum clock hours of instruction that the board deems necessary for a licensee to be brought current with respect to such changes, but in no case may the number of hours required under this subsection exceed four hours per year that the license was on inactive status. (4) Nothing in this section authorizes a person whose license has expired or is on inactive status to engage in a practice prohibited under RCW 18.16.060 until the license is renewed or reinstated. (5) Upon request and payment of an additional fee to be established by rule by the director, the director shall issue a duplicate license to an applicant.No person shall act, assume to act, or advertise as a collection agency or out-of-state collection agency as defined in this chapter, except as authorized by this chapter, without first having applied for and obtained a license from the director. Nothing contained in this section shall be construed to require a regular employee of a collection agency or out-of-state collection agency duly licensed under this chapter to procure a collection agency license.
RCW 18.420.020 — Washington Code / Title 18 / Chapter 420 / Section 020
RCW 18.420.020: Authority of secretary.
Status: in_force

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 certification, examination, and renewal fees for certified peer support specialists in accordance with RCW 43.70.110 and 43.70.250 ; (3) Establish forms and procedures necessary to administer this chapter; (4) Issue certificates to applicants who have met the education, training, and examination requirements for obtaining a certificate and to deny a certificate to applicants who do not meet the requirements; (5) Coordinate with the health care authority to confirm an applicants' successful completion of the certified peer support specialist education course offered by the health care authority under RCW 71.24.920 and successful passage of the associated oral examination as proof of eligibility to take a qualifying written examination for applicants for obtaining a certificate; (6) Establish practice parameters consistent with the definition of the practice of peer support services; (7) Determine which states have credentialing requirements equivalent to those of this state, and issue certificates to applicants credentialed in those states without examination; (8) Define and approve any supervised experience requirements for certification; (9) Adopt rules implementing a continuing competency program; and (10) Establish by rule the procedures for an appeal of an examination failure.
RCW 18.205.020 — Washington Code / Title 18 / Chapter 205 / Section 020
RCW 18.205.020: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Agency" means (a) a community behavioral health agency or facility operated, licensed, or certified by the state of Washington; (b) a federally recognized Indian tribe located within the state; (c) a county; (d) a federally qualified health center; or (e) a hospital. (2) "Certification" means a voluntary process recognizing an individual who qualifies by examination and meets established educational prerequisites, and which protects the title of practice. (3) "Co-occurring disorder specialist" means an individual possessing an enhancement that certifies the individual to provide substance use disorder counseling subject to the practice limitations under RCW 18.205.105 . (4) "Committee" means the substance use disorder professional certification advisory committee established under this chapter. (5) "Core competencies of substance use disorder counseling" means competency in the nationally recognized knowledge, skills, and attitudes of professional practice, including assessment and diagnosis of substance use disorders, substance use disorder treatment planning and referral, patient and family education in the disease of substance use disorders, individual and group counseling, relapse prevention counseling, and case management, all oriented to assist individuals with substance use disorder in their recovery. (6) "Counseling" means employing any therapeutic techniques including, but not limited to, social work, mental health counseling, marriage and family therapy, and hypnotherapy, for a fee, that offer, assist, or attempt to assist an individual or individuals in the amelioration or adjustment of mental, emotional, or behavioral problems, and includes therapeutic techniques to achieve sensitivity and awareness of self and others and the development of human potential. For the purposes of this chapter, nothing may be construed to imply that the practice of hypnotherapy is necessarily limited to counseling. (7) "Department" means the department of health. (8) "Health profession" means a profession providing health services regulated under the laws of this state. (9) "Recovery" means a process of change through which individuals improve their health and wellness, live self-directed lives, and strive to reach their full potential. Recovery often involves achieving remission from active substance use disorder. (10) "Secretary" means the secretary of health or the secretary's designee. (11) "Substance use disorder counseling" means employing the core competencies of substance use disorder counseling to assist or attempt to assist individuals with substance use disorder in their recovery. (12) "Substance use disorder professional" means an individual certified in substance use disorder counseling under this chapter. (13) "Substance use disorder professional trainee" means an individual working toward the education and experience requirements for certification as a substance use disorder professional.
RCW 18.170.140 — Washington Code / Title 18 / Chapter 170 / Section 140
RCW 18.170.140: Regulatory provisions exclusive—Authority of the state and political subdivisions.
Status: in_force

(1) The provisions of this chapter relating to the licensing for regulatory purposes of private security guards, armed private security guards, and private security companies are exclusive. No governmental subdivision of this state may enact any laws or rules licensing for regulatory purposes such persons, except as provided in subsections (2) and (3) of this section. (2) This section shall not be construed to prevent a political subdivision of this state from levying a business license fee, business and occupation tax, or other tax upon private security companies if such fees or taxes are levied on other types of businesses within its boundaries. (3) This section shall not be construed to prevent this state or a political subdivision of this state from licensing or regulating private security companies with respect to activities performed or offered that are not of a security nature.
RCW 18.185.040 — Washington Code / Title 18 / Chapter 185 / Section 040
RCW 18.185.040: License applications.
Status: in_force

(1) Applications for licenses required under this chapter shall be filed with the director on a form provided by the director. The director may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria, including fingerprints. (2) Applicants for licensure or endorsement as a bail bond recovery agent must complete a records check through the Washington state patrol criminal identification system and through the federal bureau of investigation at the applicant's expense. Such record check shall include a fingerprint check using a Washington state patrol approved fingerprint card. The Washington state patrol shall forward the fingerprints of applicants to the federal bureau of investigation for a national criminal history records check. The director may accept proof of a recent national crime information center/III criminal background report or any national or interstate criminal background report in addition to fingerprints to accelerate the licensing and endorsement process. The director is authorized to periodically perform a background investigation of licensees to identify criminal convictions subsequent to the renewal of a license or endorsement.
RCW 18.210.200 — Washington Code / Title 18 / Chapter 210 / Section 200
RCW 18.210.200: Account—Budget request—Fees.
Status: in_force

(1) The board shall set fees at a level adequate to pay the costs of administering this chapter. All fees and fines collected under this chapter shall be paid into the professional engineers' account established under RCW 18.43.150 . Moneys in the account may be spent only after appropriation and must be used to carry out all the purposes and provisions of this chapter and chapter 18.43 RCW, including the cost of administering this chapter. (2) The director shall biennially prepare a budget request based on the anticipated cost of administering licensing and certification activities. The budget request shall include the estimated income from fees contained in this chapter.
RCW 18.200.030 — Washington Code / Title 18 / Chapter 200 / Section 030
RCW 18.200.030: Use of title—Prohibited without license—Posting of license.
Status: in_force

No person may represent himself or herself as a licensed orthotist or prosthetist, use a title or description of services, or engage in the practice of orthotics or prosthetics without applying for licensure, meeting the required qualifications, and being licensed by the department of health, unless otherwise exempted by this chapter. A person not licensed with the secretary must not represent himself or herself as being so licensed and may not use in connection with his or her name the words or letters "L.O.," "L.P.," or "L.P.O.," or other letters, words, signs, numbers, or insignia indicating or implying that he or she is either a licensed orthotist or a licensed prosthetist, or both. No person may practice orthotics or prosthetics without first having a valid license. The license must be posted in a conspicuous location at the person's worksite.
RCW 18.122.040 — Washington Code / Title 18 / Chapter 122 / Section 040
RCW 18.122.040: Exemptions.
Status: in_force

Nothing in this chapter shall be construed to prohibit or restrict: (1) The practice by an individual licensed, certified, or registered under the laws of this state and performing services within the authorized scope of practice; (2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States; (3) The practice by a person who is a regular student in an educational program approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor.
RCW 18.11.121 — Washington Code / Title 18 / Chapter 11 / Section 121
RCW 18.11.121: Surety bond or security required.
Status: in_force

(1) Except as provided in this section, each auctioneer and each auction company shall as a condition to the granting and retention of a license have on file with the department an approved surety bond or other security in lieu of a bond. However, if an auction company is a sole proprietorship or a partnership and has on file with the department a surety bond or other security approved by the director in the amount that would otherwise be required for an auction company to be granted or to retain a license under this section, then no separate bond or bonds shall be required for the sole proprietor or any individual partner to act as an auctioneer for the sole proprietorship or partnership. The bond or other security of an auctioneer shall be in the amount of five thousand dollars. (2) The bond or other security of an auction company shall be in an amount not less than five thousand dollars and not more than twenty-five thousand dollars. The amount shall be based on the value of the goods and real estate sold at auctions conducted, supervised, arranged, sponsored, or managed by the auction company during the previous calendar year or, for a new auction company, the estimated value of the goods and real estate to be sold at auction during the current calendar year. The director shall establish by rule the procedures to be used for determining the amount of auction company bonds or other security. (3) In lieu of a surety bond, an auctioneer or auction company may deposit with the department any of the following: (a) Savings accounts assigned to the director; (b) Certificates of deposit payable to the director; (c) Investment certificates or share accounts assigned to the director; or (d) Any other security acceptable to the director. All obligations and remedies relating to surety bonds authorized by this section shall apply to deposits filed with the director. (4) Each bond shall comply with all of the following: (a) Be executed by the person seeking the license as principal and by a corporate surety licensed to do business in the state; (b) Be payable to the state; (c) Be conditioned on compliance with all provisions of this chapter and the agency rules adopted pursuant to this chapter, including payment of any administrative fines assessed against the licensee; and (d) Remain in effect for one year after expiration, revocation, or suspension of the license. (5) If any licensee fails or is alleged to have failed to comply with the provisions of this chapter or the agency rules adopted pursuant to this chapter, the director may hold a hearing in accordance with chapter 34.05 RCW, determine those persons who are proven claimants under the bond, and, if appropriate, distribute the bond proceeds to the proven claimants. The state or an injured person may also bring an action against the bond in superior court. The liability of the surety shall be only for actual damages and shall not exceed the amount of the bond. (6) Damages that exceed the amount of the bond may be remedied by actions against the auctioneer or the auction company under RCW 18.11.260 or other available remedies at law.
RCW 18.130.064 — Washington Code / Title 18 / Chapter 130 / Section 064
RCW 18.130.064: Authority and duties—Secretary and disciplining authority—Background checks.
Status: in_force

(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. (b) Dissemination or use of nonconviction data for purposes other than that authorized in this section is prohibited. Disciplining authorities shall restrict the use of background check results in determining the individual's suitability for a license and in conducting disciplinary functions. (2)(a) The secretary shall establish requirements for each applicant for an initial license to obtain a state background check through the state patrol prior to the issuance of any license. The background check may be fingerprint-based at the discretion of the department. (b) The secretary shall specify those situations where a background check under (a) of this subsection is inadequate and an applicant for an initial license must obtain an electronic fingerprint-based national background check through the state patrol and federal bureau of investigation. Situations where a background check is inadequate may include instances where an applicant has recently lived out of state or where the applicant has a criminal record in Washington. The secretary shall issue a temporary practice permit to an applicant who must have a national background check conducted if the background check conducted under (a) of this subsection does not reveal a criminal record in Washington, and if the applicant meets the provisions of RCW 18.130.075 . (3) In addition to the background check required in subsection (2) of this section, an investigation may include an examination of state and national criminal identification data. The disciplining authority shall use the information for determining eligibility for licensure or renewal. The disciplining authority may also use the information when determining whether to proceed with an investigation of a report under RCW 18.130.080 . For a national criminal history records check, the department shall require fingerprints be submitted to and searched through the Washington state patrol identification and criminal history section. The Washington state patrol shall forward the fingerprints to the federal bureau of investigation. (4) The secretary shall adopt rules to require license holders to report to the disciplining authority any arrests, convictions, or other determinations or findings by a law enforcement agency occurring after June 12, 2008, for a criminal offense. The report must be made within fourteen days of the conviction. (5) The secretary shall conduct an annual review of a representative sample of all license holders who have previously obtained a background check through the department. The selection of the license holders to be reviewed must be representative of all categories of license holders and geographic locations. (6)(a) When deciding whether or not to issue an initial license, the disciplining authority shall consider the results of any background check conducted under subsection (2) of this section that reveals a conviction for any criminal offense that constitutes unprofessional conduct under this chapter or the chapters specified in RCW 18.130.040 (2) or a series of arrests that when considered together demonstrate a pattern of behavior that, without investigation, may pose a risk to the safety of the license holder's patients. (b) If the background check conducted under subsection (2) of this section reveals any information related to unprofessional conduct that has not been previously disclosed to the disciplining authority, the disciplining authority shall take appropriate disciplinary action against the license holder. (7) The department shall: (a) Require the applicant or license holder to submit full sets of fingerprints if necessary to complete the background check; (b) Require the applicant to submit any information required by the state patrol; and (c) Notify the applicant if their background check reveals a criminal record. Only when the background check reveals a criminal record will an applicant receive a notice. Upon receiving such a notice, the applicant may request and the department shall provide a copy of the record to the extent permitted under RCW 10.97.050 , including making accessible to the applicant for their personal use and information any records of arrest, charges, or allegations of criminal conduct or other nonconviction data pursuant to RCW 10.97.050 (4). (8) Criminal justice agencies shall provide the secretary with both conviction and nonconviction information that the secretary requests for investigations under this chapter. (9) There is established a unit within the department for the purpose of detection, investigation, and prosecution of any act prohibited or declared unlawful under this chapter. The secretary will employ supervisory, legal, and investigative personnel for the unit who must be qualified by training and experience. (10) For purposes of issuing multistate licenses under chapter 18.80 RCW, the board of nursing is authorized to receive criminal history record information that includes nonconviction data for any purpose associated with licensing and investigate the complete criminal history and pending charges of all applicants and license holders.
RCW 18.51.540 — Washington Code / Title 18 / Chapter 51 / Section 540
RCW 18.51.540: Cost disclosure to attending physicians.
Status: in_force

(1) The legislature finds that the spiraling costs of nursing home care continue to surmount efforts to contain them, increasing at approximately twice the inflationary rate. The causes of this phenomenon are complex. By making nursing home facilities and care providers more aware of the cost consequences of care services for consumers, these providers may be inclined to exercise more restraint in providing only the most relevant and cost-beneficial services and care, with a potential for reducing the utilization of those services. The requirement of the nursing home to inform physicians, consumers, and other care providers of the charges of the services that they order may have a positive effect on containing health costs. (2) All nursing home administrators in facilities licensed under this chapter shall be required to develop and maintain a written procedure for disclosing patient charges to attending physicians with admitting privileges. The nursing home administrator shall have the capability to provide an itemized list of the charges for all health care services that may be ordered by a physician. The information shall be made available on request of consumers, or the physicians or other appropriate health care providers responsible for prescribing care.
RCW 18.233.010 — Washington Code / Title 18 / Chapter 233 / Section 010
RCW 18.233.010: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Advisory committee" means the music therapy advisory committee. (2) "Commission" means the Washington medical commission. (3) "Department" means the department of health. (4) "Music therapist" means a person licensed to practice music therapy pursuant to this chapter. (5)(a) "Music therapy" means the clinical and evidence-based use of music interventions to accomplish individualized goals of music therapy clients by employing strategies and tools that include but are not limited to: (i) Accepting referrals for music therapy services from health care or educational professionals, family members, or caregivers; (ii) Conducting music therapy assessments of a client to determine appropriate music therapy services; (iii) Developing and implementing individualized music therapy treatment plans that identify goals, objectives, and strategies of music therapy that are appropriate for clients; (iv) Using music therapy techniques such as improvisation, performance, receptive music listening, song writing, lyric discussion, guided imagery with music, learning through music, and movement to music; (v) During the provision of music therapy services to a client, collaborating, as applicable, with the client's treatment team, including physicians, psychologists, occupational therapists, licensed clinical social workers, or other mental health professionals. During the provision of music therapy services to a client with a communication disorder, the licensed professional music therapist shall collaborate and discuss the music therapy treatment plan with the client's audiologist, occupational therapist, or speech-language pathologist. When providing educational or health care services, a music therapist may not replace the services provided by an audiologist, occupational therapist, or speech-language pathologist; (vi) Evaluating a client's response to music therapy techniques and the individualized music therapy treatment plan; (vii) Any necessary modification of the client's individualized music therapy treatment plan; (viii) Any necessary collaboration with other health care professionals treating a client; (ix) Minimizing barriers that may restrict a client's ability to receive or fully benefit from music therapy services; and (x) Developing a plan for determining when the provision of music therapy services is no longer needed. (b) "Music therapy" does not include the screening, diagnosis, or assessment of any physical, mental, or communication disorder. (6) "Secretary" means the secretary of health or his or her designee.
RCW 18.59.180 — Washington Code / Title 18 / Chapter 59 / Section 180
RCW 18.59.180: Occupational therapy licensure compact.
Status: in_force

OCCUPATIONAL THERAPY LICENSURE COMPACT ARTICLE 1 PURPOSE The purpose of this compact is to facilitate interstate practice of occupational therapy with the goal of improving public access to occupational therapy services. The practice of occupational therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. This compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives: (1) Increase public access to occupational therapy services by providing for the mutual recognition of other member state licenses; (2) Enhance the states' ability to protect the public's health and safety; (3) Encourage the cooperation of member states in regulating multistate occupational therapy practice; (4) Support spouses of relocating military members; (5) Enhance the exchange of licensure, investigative, and disciplinary information between member states; (6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards; and (7) Facilitate the use of telehealth technology in order to increase access to occupational therapy services. ARTICLE 2 DEFINITIONS As used in this compact, and except as otherwise provided, the following definitions shall apply: (1) "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C. chapters 1209 and 1211. (2) "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against an occupational therapist or occupational therapy assistant, including actions against an individual's license or compact privilege such as censure, revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's practice. (3) "Alternative program" means a nondisciplinary monitoring process approved by an occupational therapy licensing board. (4) "Compact privilege" means the authorization, which is equivalent to a license, granted by a remote state to allow a licensee from another member state to practice as an occupational therapist or practice as an occupational therapy assistant in the remote state under its laws and rules. The practice of occupational therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter. (5) "Continuing competence/education" means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work. (6) "Current significant investigative information" means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the occupational therapist or occupational therapy assistant to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction. (7) "Data system" means a repository of information about licensees including, but not limited to, license status, investigative information, compact privileges, and adverse actions. (8) "Encumbered license" means a license in which an adverse action restricts the practice of occupational therapy by the licensee or said adverse action has been reported to the national practitioners data bank. (9) "Executive committee" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission. (10) "Home state" means the member state that is the licensee's primary state of residence. (11) "Impaired practitioner" means an individual whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions. (12) "Investigative information" means information, records, and/or documents received or generated by an occupational therapy licensing board pursuant to an investigation. (13) "Jurisprudence requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of occupational therapy in a state. (14) "Licensee" means an individual who currently holds an authorization from the state to practice as an occupational therapist or as an occupational therapy assistant. (15) "Member state" means a state that has enacted the compact. (16) "Occupational therapist" means an individual who is licensed by a state to practice occupational therapy. (17) "Occupational therapy," "occupational therapy practice," and "practice of occupational therapy" mean the care and services provided by an occupational therapist or an occupational therapy assistant as set forth in the member state's statutes and regulations. (18) "Occupational therapy assistant" means an individual who is licensed by a state to assist in the practice of occupational therapy. (19) "Occupational therapy compact commission" or "commission" means the national administrative body whose membership consists of all states that have enacted the compact. (20) "Occupational therapy licensing board" or "licensing board" means the agency of a state that is authorized to license and regulate occupational therapists and occupational therapy assistants. (21) "Primary state of residence" means the state, also known as the home state, in which an occupational therapist or occupational therapy assistant who is not active duty military declares a primary residence for legal purposes as verified by: Driver's license, federal income tax return, lease, deed, mortgage, or voter registration, or other verifying documentation as further defined by commission rules. (22) "Remote state" means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege. (23) "Rule" means a regulation promulgated by the commission that has the force of law. (24) "Single-state license" means an occupational therapist or occupational therapy assistant license issued by a member state that authorizes practice only within the issuing state and does not include a compact privilege in any other member state. (25) "State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of occupational therapy. (26) "Telehealth" means the application of telecommunication technology to deliver occupational therapy services for assessment, intervention, and/or consultation. ARTICLE 3 STATE PARTICIPATION IN THIS COMPACT (1) To participate in this compact, a member state shall: (a) License occupational therapists and occupational therapy assistants; (b) Participate fully in the commission's data system including, but not limited to, using the commission's unique identifier as defined in rules of the commission; (c) Have a mechanism in place for receiving and investigating complaints about licensees; (d) Notify the commission, in compliance with the terms of this compact and rules, of any adverse action or the availability of investigative information regarding a licensee; (e) Implement or utilize procedures for considering the criminal history records of applicants for an initial compact privilege. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records. (i) A member state shall, within a time frame established by the commission, require a criminal background check for a licensee seeking or applying for a compact privilege whose primary state of residence is that member state, by receiving the results of the federal bureau of investigation criminal record search, and shall use the results in making licensure decisions. (ii) Communication between a member state, the commission, and among member states regarding the verification of eligibility for licensure through this compact shall not include any information received from the federal bureau of investigation relating to a federal criminal records check performed by a member state under P.L. 92-544; (f) Comply with the rules of the commission; (g) Utilize only a recognized national examination as a requirement for licensure pursuant to the rules of the commission; and (h) Have continuing competence/education requirements as a condition for license renewal. (2) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of this compact and rules. (3) Member states may charge a fee for granting a compact privilege. (4) A member state shall provide for the state's delegate to attend all occupational therapy compact commission meetings. (5) Individuals not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting the compact privilege in any other member state. (6) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license. ARTICLE 4 COMPACT PRIVILEGE (1) To exercise the compact privilege under the terms and provisions of this compact, the licensee shall: (a) Hold a license in the home state; (b) Have a valid United States social security number or national practitioner identification number; (c) Have no encumbrance on any state license; (d) Be eligible for a compact privilege in any member state in accordance with subsections (4), (6), (7), and (8) of this Article; (e) Have paid all fines and completed all requirements resulting from any adverse action against any license or compact privilege, and two years have elapsed from the date of such completion; (f) Notify the commission that the licensee is seeking the compact privilege within a remote state or states; (g) Pay any applicable fees, including any state fee, for the compact privilege; (h) Complete a criminal background check in accordance with subsection (1)(e) of Article 3 of this compact. The licensee shall be responsible for the payment of any fee associated with the completion of a criminal background check; (i) Meet any jurisprudence requirements established by the remote state or states in which the licensee is seeking a compact privilege; and (j) Report to the commission adverse action taken by any nonmember state within 30 days from the date the adverse action is taken. (2) The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection (1) of this Article to maintain the compact privilege in the remote state. (3) A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state. (4) Occupational therapy assistants practicing in a remote state shall be supervised by an occupational therapist licensed or holding a compact privilege in that remote state. (5) A licensee providing occupational therapy in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee may be ineligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid. (6) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur: (a) The home state license is no longer encumbered; and (b) Two years have elapsed from the date on which the home state license is no longer encumbered in accordance with (a) of this subsection. (7) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (1) of this Article to obtain a compact privilege in any remote state. (8) If a licensee's compact privilege in any remote state is removed, the individual may lose the compact privilege in any other remote state until the following occur: (a) The specific period of time for which the compact privilege was removed has ended; (b) All fines have been paid and all conditions have been met; (c) Two years have elapsed from the date of completing requirements for (a) and (b) of this subsection; and (d) The compact privileges are reinstated by the commission, and the compact data system is updated to reflect reinstatement. (9) If a licensee's compact privilege in any remote state is removed due to an erroneous charge, privileges shall be restored through the compact data system. (10) Once the requirements of subsection (8) of this Article have been met, the licensee must meet the requirements in subsection (1) of this Article to obtain a compact privilege in a remote state. ARTICLE 5 OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF COMPACT PRIVILEGE (1) An occupational therapist or occupational therapy assistant may hold a home state license, which allows for compact privileges in member states, in only one member state at a time. (2) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving between two member states: (a) The occupational therapist or occupational therapy assistant shall file an application for obtaining a new home state license by virtue of a compact privilege, pay all applicable fees, and notify the current and new home state in accordance with applicable rules adopted by the commission. (b) Upon receipt of an application for obtaining a new home state license by virtue of compact privilege, the new home state shall verify that the occupational therapist or occupational therapy assistant meets the pertinent criteria outlined in Article 4 of this compact via the data system, without need for primary source verification except for: (i) A federal bureau of investigation fingerprint-based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the commission in accordance with P.L. 92-544; (ii) Other criminal background check as required by the new home state; and (iii) Submission of any requisite jurisprudence requirements of the new home state. (c) The former home state shall convert the former home state license into a compact privilege once the new home state has activated the new home state license in accordance with applicable rules adopted by the commission. (d) Notwithstanding any other provision of this compact, if the occupational therapist or occupational therapy assistant cannot meet the criteria in Article 4 of this compact, the new home state shall apply its requirements for issuing a new single-state license. (e) The occupational therapist or the occupational therapy assistant shall pay all applicable fees to the new home state in order to be issued a new home state license. (3) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, the state criteria shall apply for issuance of a single-state license in the new state. (4) Nothing in this compact shall interfere with a licensee's ability to hold a single-state license in multiple states; however, for the purposes of this compact, a licensee shall have only one home state license. (5) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license. ARTICLE 6 ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES Active duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change his or her home state through application for licensure in the new state or through the process described in Article 5 of this compact. ARTICLE 7 ADVERSE ACTIONS (1) Home state shall have exclusive power to impose adverse action against an occupational therapist's or occupational therapy assistant's license issued by the home state. (2) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to: (a) Take adverse action against an occupational therapist's or occupational therapy assistant's compact privilege within that member state; and (b) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located. (3) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action. (4) The home state shall complete any pending investigations of an occupational therapist or occupational therapy assistant who changes primary state of residence during the course of the investigations. The home state, where the investigations were initiated, shall also have the authority to take appropriate action or actions and shall promptly report the conclusions of the investigations to the occupational therapy compact commission data system. The occupational therapy compact commission data system administrator shall promptly notify the new home state of any adverse actions. (5) A member state, if otherwise permitted by state law, may recover from the affected occupational therapist or occupational therapy assistant the costs of investigations and disposition of cases resulting from any adverse action taken against that occupational therapist or occupational therapy assistant. (6) A member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action. (7) Joint investigations. (a) In addition to the authority granted to a member state by its respective state occupational therapy laws and regulations or other applicable state law, any member state may participate with other member states in joint investigations of licensees. (b) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this compact. (8) If an adverse action is taken by the home state against an occupational therapist's or occupational therapy assistant's license, the occupational therapist's or occupational therapy assistant's compact privilege in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an occupational therapist's or occupational therapy assistant's license shall include a statement that the occupational therapist's or occupational therapy assistant's compact privilege is deactivated in all member states during the pendency of the order. (9) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states. (10) Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action. ARTICLE 8 ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COMPACT COMMISSION (1) The compact member states hereby create and establish a joint public agency known as the occupational therapy compact commission. (a) The commission is an instrumentality of the compact states. (b) Venue is proper, and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. (c) Nothing in this compact shall be construed to be a waiver of sovereign immunity. (2) Membership, voting, and meetings. (a) Each member state shall have and be limited to one delegate selected by that member state's licensing board. (b) The delegate shall be either: (i) A current member of the licensing board, who is an occupational therapist, occupational therapy assistant, or public member; or (ii) An administrator of the licensing board. (c) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. (d) The member state board shall fill any vacancy occurring in the commission within 90 days. (e) Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication. (f) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws. (g) The commission shall establish by rule a term of office for delegates. (3) The commission shall have the following powers and duties: (a) Establish a code of ethics for the commission; (b) Establish the fiscal year of the commission; (c) Establish bylaws; (d) Maintain its financial records in accordance with the bylaws; (e) Meet and take such actions as are consistent with the provisions of this compact and the bylaws; (f) Promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states; (g) Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state occupational therapy licensing board to sue or be sued under applicable law shall not be affected; (h) Purchase and maintain insurance and bonds; (i) Borrow, accept, or contract for services of personnel including, but not limited to, employees of a member state; (j) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; (k) Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety and/or conflict of interest; (l) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use, any property, real, personal, or mixed; provided that at all times the commission shall avoid any appearance of impropriety; (m) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed; (n) Establish a budget and make expenditures; (o) Borrow money; (p) Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws; (q) Provide and receive information from, and cooperate with, law enforcement agencies; (r) Establish and elect an executive committee; and (s) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of occupational therapy licensure and practice. (4) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact. (a) The executive committee shall be composed of nine members: (i) Seven voting members who are elected by the commission from the current membership of the commission; (ii) One ex officio, nonvoting member from a recognized national occupational therapy professional association; and (iii) One ex officio, nonvoting member from a recognized national occupational therapy certification organization. (b) The ex officio members will be selected by their respective organizations. (c) The commission may remove any member of the executive committee as provided in the bylaws. (d) The executive committee shall meet at least annually. (e) The executive committee shall have the following duties and responsibilities: (i) Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues, and any commission compact fee charged to licensees for the compact privilege; (ii) Ensure compact administration services are appropriately provided, contractual or otherwise; (iii) Prepare and recommend the budget; (iv) Maintain financial records on behalf of the commission; (v) Monitor compact compliance of member states and provide compliance reports to the commission; (vi) Establish additional committees as necessary; and (vii) Perform other duties as provided in the rules or bylaws. (5) Meetings of the commission. (a) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rule-making provisions in Article 10 of this compact. (b) The commission or the executive committee or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive committee or other committees of the commission must discuss: (i) Noncompliance of a member state with its obligations under this compact; (ii) The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures; (iii) Current, threatened, or reasonably anticipated litigation; (iv) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; (v) Accusing any person of a crime or formally censuring any person; (vi) Disclosure of trade secrets or commercial or financial information that is privileged or confidential; (vii) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (viii) Disclosure of investigative records compiled for law enforcement purposes; (ix) Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this compact; or (x) Matters specifically exempted from disclosure by federal or member state statute. (c) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. (d) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction. (6) Financing of the commission. (a) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. (b) The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services. (c) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved by the commission each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states. (d) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state. (e) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in, and become part of, the annual report of the commission. (7) Qualified immunity, defense, and indemnification. (a) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to, or loss of, property or personal injury or other civil liability caused by, or arising out of, any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing in this subsection (7)(a) shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. (b) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct. (c) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person. ARTICLE 9 DATA SYSTEM (1) The commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. (2) A member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable, utilizing a unique identifier, as required by the rules of the commission, including: (a) Identifying information; (b) Licensure data; (c) Adverse actions against a license or compact privilege; (d) Nonconfidential information related to alternative program participation; (e) Any denial of application for licensure, and the reason or reasons for such denial; (f) Other information that may facilitate the administration of this compact, as determined by the rules of the commission; and (g) Current significant investigative information. (3) Current significant investigative information and other investigative information pertaining to a licensee in any member state will only be available to other member states. (4) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state. (5) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state. (6) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system. ARTICLE 10 RULE MAKING (1) The commission shall exercise its rule-making powers pursuant to the criteria set forth in this Article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment. (2) The commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the event the commission exercises its rule-making authority in a manner that is beyond the scope of the purposes of this compact, or the powers granted hereunder, then such an action by the commission shall be invalid and have no force and effect. (3) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt this compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state. (4) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission. (5) Prior to promulgation and adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rule making: (a) On the website of the commission or other publicly accessible platform; and (b) On the website of each member state occupational therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules. (6) The notice of proposed rule making shall include: (a) The proposed time, date, and location of the meeting in which the rule will be considered and voted upon; (b) The text of the proposed rule or amendment and the reason for the proposed rule; (c) A request for comments on the proposed rule from any interested person; and (d) The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments. (7) Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public. (8) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by: (a) At least 25 persons; (b) A state or federal governmental subdivision or agency; or (c) An association or organization having at least 25 members. (9) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing. (a) All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing. (b) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. (c) All hearings will be recorded. A copy of the recording will be made available on request. (d) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this Article. (10) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received. (11) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing. (12) The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rule-making record and the full text of the rule. (13) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rule-making procedures provided in this compact and in this Article shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to: (a) Meet an imminent threat to public health, safety, or welfare; (b) Prevent a loss of commission or member state funds; (c) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or (d) Protect public health and safety. (14) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission. ARTICLE 11 OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT (1) Oversight. (a) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate this compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law. (b) All courts shall take judicial notice of this compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission. (c) The commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or promulgated rules. (2) Default, technical assistance, and termination. (a) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall: (i) Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default, and/or any other action to be taken by the commission; and (ii) Provide remedial training and specific technical assistance regarding the default. (b) If a state in default fails to cure the default, the defaulting state may be terminated from this compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default. (c) Termination of membership in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states. (d) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. (e) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from this compact, unless agreed upon in writing between the commission and the defaulting state. (f) The defaulting state may appeal the action of the commission by petitioning the United States district court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorneys' fees. (3) Dispute resolution. (a) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states. (b) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. (4) Enforcement. (a) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact. (b) By majority vote, the commission may initiate legal action in the United States district court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of this compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorneys' fees. (c) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law. ARTICLE 12 DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR OCCUPATIONAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT (1) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of. Thereafter, the commission shall meet and exercise rule-making powers necessary to the implementation and administration of this compact. (2) Any state that joins this compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which this compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day this compact becomes law in that state. (3) Any member state may withdraw from this compact by enacting a statute repealing the same. (a) A member state's withdrawal shall not take effect until six months after enactment of the repealing statute. (b) Withdrawal shall not affect the continuing requirement of the withdrawing state's occupational therapy licensing board to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal. (4) Nothing contained in this compact shall be construed to invalidate or prevent any occupational therapy licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact. (5) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states. ARTICLE 13 CONSTRUCTION AND SEVERABILITY This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, this compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters. ARTICLE 14 BINDING EFFECT OF COMPACT AND OTHER LAWS (1) A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state. (2) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact. (3) Any laws in a member state in conflict with this compact are superseded to the extent of the conflict. (4) Any lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding upon the member states. (5) All agreements between the commission and the member states are binding in accordance with their terms. (6) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
RCW 18.43.180 — Washington Code / Title 18 / Chapter 43 / Section 180
RCW 18.43.180: Uniform regulation of business and professions act.
Status: in_force

The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
RCW 18.300.020 — Washington Code / Title 18 / Chapter 300 / Section 020
RCW 18.300.020: Authority of director.
Status: in_force

In addition to any other duties imposed by law, including RCW 18.235.030 and 18.235.040 , the director has the following powers and duties: (1) To set all license, examination, and renewal fees in accordance with RCW 43.24.086 ; (2) To adopt rules necessary to implement this chapter; (3) To prepare and administer or approve the preparation and administration of licensing; (4) To establish minimum safety and sanitation standards for practitioners of body art, body piercing, or tattooing as determined by the department of health; (5) To maintain the official department record of applicants and licensees; (6) To set license expiration dates and renewal periods for all licenses consistent with this chapter; (7) To ensure that all informational notices produced and mailed by the department regarding statutory and regulatory changes affecting any particular class of licensees are mailed to each licensee in good standing in the affected class whose mailing address on record with the department has not resulted in mail being returned as undeliverable for any reason; and (8) To make information available to the department of revenue to assist in collecting taxes from persons and businesses required to be licensed under this chapter.
RCW 18.55.030 — Washington Code / Title 18 / Chapter 55 / Section 030
RCW 18.55.030: Licenses—Renewal.
Status: in_force

The secretary shall determine administrative procedures, administrative requirements, and fees for licenses and renewals as provided in RCW 43.70.250 and 43.70.280 .(1) Application for licensing as a registered tow truck operator shall be made on forms furnished by the department, shall be accompanied by an inspection certification from the Washington state patrol, shall be signed by the applicant or an agent, and shall include the following information: (a) The name and address of the person, firm, partnership, association, or corporation under whose name the business is to be conducted; (b) The names and addresses of all persons having an interest in the business, or if the owner is a corporation, the names and addresses of the officers of the corporation; (c) The names and addresses of all employees who serve as tow truck drivers; (d) Proof of minimum insurance required by subsection (3) of this section; (e) The vehicle license and vehicle identification numbers of all tow trucks of which the applicant is the registered owner; (f) Any other information the department may require; and (g) A certificate of approval from the Washington state patrol certifying that: (i) The applicant has an established place of business and that mail is received at the address shown on the application; (ii) The address of any storage locations where vehicles may be stored is correctly stated on the application; (iii) The place of business has an office area that is accessible to the public without entering the storage area; and (iv) The place of business has adequate and secure storage facilities, as defined in this chapter and the rules of the department, where vehicles and their contents can be properly stored and protected. (2) Before issuing a registration certificate to an applicant the department shall require the applicant to file with the department a surety bond in the amount of five thousand dollars running to the state and executed by a surety company authorized to do business in this state. The bond shall be approved as to form by the attorney general and conditioned that the operator shall conduct his or her business in conformity with the provisions of this chapter pertaining to abandoned or unauthorized vehicles, and to compensate any person, company, or the state for failure to comply with this chapter or the rules adopted hereunder, or for fraud, negligence, or misrepresentation in the handling of these vehicles. Any person injured by the tow truck operator's failure to fully perform duties imposed by this chapter and the rules adopted hereunder, or an ordinance or resolution adopted by a city, town, or county is entitled to recover actual damages, including reasonable attorney's fees against the surety and the tow truck operator. Successive recoveries against the bond shall be permitted, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. As a condition of authority to do business, the operator shall keep the bond in full force and effect. Failure to maintain the penalty value of the bond or cancellation of the bond by the surety automatically cancels the operator's registration. (3) Before the department may issue a registration certificate to an applicant, the applicant shall provide proof of minimum insurance requirements of: (a) One hundred thousand dollars for liability for bodily injury or property damage per occurrence; and (b) Fifty thousand dollars of legal liability per occurrence, to protect against vehicle damage, including but not limited to fire and theft, from the time a vehicle comes into the custody of an operator until it is redeemed or sold. Cancellation of or failure to maintain the insurance required by (a) and (b) of this subsection automatically cancels the operator's registration. (4) The fee for each original registration and annual renewal is one hundred dollars per company, plus fifty dollars per truck. The department shall forward the registration fee to the state treasurer for deposit in the motor vehicle fund. (5) The applicant must submit an inspection certificate from the state patrol before the department may issue or renew an operator's registration certificate or tow truck permits. (6) Upon approval of the application, the department shall issue a registration certificate to the registered operator to be displayed prominently at the operator's place of business.
RCW 18.83A.080 — Washington Code / Title 18 / Chapter 83A / Section 080
RCW 18.83A.080: Regulatory authority—Powers and duties—Investigations.
Status: in_force

(1) In addition to any other powers granted under state law, a compact state's psychology regulatory authority may: (a) Issue subpoenas, for both hearings and investigations, which require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a compact state's psychology regulatory authority for the attendance and testimony of witnesses, or the production of evidence from another compact state must be enforced in the latter state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing state psychology regulatory authority must pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence are located; and (b) Issue cease and desist or injunctive relief orders to revoke a psychologist's authority to practice interjurisdictional telepsychology or temporary authorization to practice. (2) During the course of any investigation, a psychologist may not change his or her home state licensure. A home state psychology regulatory authority may complete any pending investigations of a psychologist and take any actions appropriate under its law. The home state psychology regulatory authority must promptly report the conclusions of the investigations to the commission. Once an investigation has been completed, and pending the outcome of the investigation, the psychologist may change his or her home state licensure. The commission must promptly notify the new home state of any such decisions as provided in the rules of the commission. All information provided to the commission or distributed by compact states under the investigation of the psychologist is confidential, filed under seal, and used for investigatory or disciplinary matters. The commission may create additional rules for mandated or discretionary sharing of information by compact states.
RCW 18.210.020 — Washington Code / Title 18 / Chapter 210 / Section 020
RCW 18.210.020: Unprofessional conduct.
Status: in_force

In addition to the unprofessional conduct described in RCW 18.235.130 , the following conduct, acts, and conditions constitute unprofessional conduct: (1) Practicing with a *practice permit or license issued under this chapter that is expired, suspended, or revoked; (2) Being willfully untruthful or deceptive in any document, report, statement, testimony, or plan that pertains to the design or construction of an on-site wastewater treatment system; (3) Submission of a design or as-built record to a local health jurisdiction, to the department of health, or to the department of ecology, that is knowingly based upon false, incorrect, misleading, or fabricated information; and (4) Submission of any application for licensure or certification that contains false, fraudulent, or misleading information.
RCW 18.185.080 — Washington Code / Title 18 / Chapter 185 / Section 080
RCW 18.185.080: Relation of this chapter to local regulation, taxation.
Status: in_force

(1) The provisions of this chapter relating to the licensing for regulatory purposes of bail bond agents and bail bond agencies are exclusive. No governmental subdivision of this state may enact any laws or rules licensing for regulatory purposes such persons, except as provided in subsections (2) and (3) of this section. (2) This section shall not be construed to prevent a political subdivision of this state from levying a business fee, business and occupation tax, or other tax upon bail bond agencies if such fees or taxes are levied by the political subdivision on other types of businesses within its boundaries. (3) This section shall not be construed to prevent this state or a political subdivision of this state from licensing for regulatory purposes bail bond agencies with respect to activities that are not regulated under this chapter.
RCW 18.35A.020 — Washington Code / Title 18 / Chapter 35A / Section 020
RCW 18.35A.020: Definitions.
Status: in_force

As used in this compact, and except as otherwise provided, the following definitions shall apply: (1) "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C., chapters 1209 and 1211. (2) "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual's license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's practice. (3) "Alternative program" means a nondisciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners. (4) "Audiologist" means an individual who is licensed by a state to practice audiology. (5) "Audiology" means the care and services provided by a licensed audiologist as set forth in the member state's statutes and rules. (6) "Audiology and speech-language pathology compact commission" or "commission" means the national administrative body whose membership consists of all states that have enacted the compact. (7) "Audiology and speech-language pathology licensing board," "audiology licensing board," "speech-language pathology licensing board," or "licensing board" means the agency of a state that is responsible for the licensing and regulation of audiologists, speech-language pathologists, or both. (8) "Compact privilege" means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. The practice of audiology or speech-language pathology occurs in the member state where the patient, client, or student is located at the time of the patient, client, or student encounter. (9) "Current significant investigative information" means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech-language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction. (10) "Data system" means a repository of information about licensees including, but not limited to, continuing education, examination, licensure, investigative, compact privilege, and adverse action. (11) "Encumbered license" means a license in which an adverse action restricts the practice of audiology or speech-language pathology by the licensee and said adverse action has been reported to the national practitioners data bank. (12) "Executive committee" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission. (13) "Home state" means the member state that is the licensee's primary state of residence. (14) "Impaired practitioner" means individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions. (15) "Licensee" means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech-language pathologist. (16) "Member state" means a state that has enacted the compact. (17) "Privilege to practice" means a legal authorization permitting the practice of audiology or speech-language pathology in a remote state. (18) "Remote state" means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege. (19) "Rule" means a regulation, principle, or directive promulgated by the commission that has the force of law. (20) "Single-state license" means an audiology or speech-language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state. (21) "Speech-language pathologist" means an individual who is licensed by a state to practice speech-language pathology. (22) "Speech-language pathology" means the care and services provided by a licensed speech-language pathologist as set forth in the member state's statutes and rules. (23) "State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of audiology and speech-language pathology. (24) "State practice laws" means a member state's laws, rules, and regulations that govern the practice of audiology or speech-language pathology, define the scope of audiology or speech-language pathology practice, and create the methods and grounds for imposing discipline. (25) "Telehealth" means the application of telecommunication, audio-visual, or other technologies that meet the applicable standard of care to deliver audiology or speech-language pathology services at a distance for assessment, intervention, or consultation.
RCW 18.96.120 — Washington Code / Title 18 / Chapter 96 / Section 120
RCW 18.96.120: Unprofessional conduct—Grounds for disciplinary action.
Status: in_force

The board may impose any action in RCW 18.235.110 upon the following grounds: (1) Offering to pay, paying, or accepting, either directly or indirectly, any substantial gift, bribe, or other consideration to influence the award of professional work; (2) Being willfully untruthful or deceptive in any professional report, statement, or testimony; (3) Having a financial interest in the bidding for or the performance of a contract to supply labor or materials for or to construct a project for which employed or retained as a landscape architect except with the consent of the client or employer after disclosure of such facts; or allowing an interest in any business to affect a decision regarding landscape architectural work for which retained, employed, or called upon to perform; (4) Signing or permitting a seal to be affixed to any drawings or specifications that were not prepared or reviewed by the landscape architect or under the landscape architect's personal supervision by persons subject to the landscape architect's direction and control; or (5) Willfully evading or trying to evade any law, ordinance, code, or regulation governing site or landscape construction.
RCW 18.44.191 — Washington Code / Title 18 / Chapter 44 / Section 191
RCW 18.44.191: Director—Educational conferences—Examinations.
Status: in_force

The director shall have the authority to hold educational conferences for the benefit of the industry and shall conduct examinations for licenses as an escrow officer.
RCW 18.22.015 — Washington Code / Title 18 / Chapter 22 / Section 015
RCW 18.22.015: Board—Duties—Rules.
Status: in_force

The board shall: (1) Administer all laws placed under its jurisdiction; (2) Prepare, grade, and administer or determine the nature, grading, and administration of examinations for applicants for podiatric physician and surgeon licenses; (3) Examine and investigate all applicants for podiatric physician and surgeon licenses and certify to the secretary all applicants it judges to be properly qualified; (4) Adopt any rules which it considers necessary or proper to carry out the purposes of this chapter; (5) Adopt rules governing the administration of sedation and anesthesia in the offices of persons licensed under this chapter, including necessary training and equipment; (6) Determine which schools of podiatric medicine and surgery will be approved.
RCW 18.73.120 — Washington Code / Title 18 / Chapter 73 / Section 120
RCW 18.73.120: Certificate of advanced first aid qualification.
Status: in_force

The secretary shall recognize a current certificate of advanced first aid qualification for those who provide proof of advanced Red Cross training or its equivalent.