reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.098 - Settlement—Disclosure—Conference.

RCW 18.130.098
Settlement—Disclosure—Conference.
(1) The settlement process must be substantially uniform for licensees governed by disciplining authorities under this chapter. The disciplinary [disciplining] authorities may also use alternative dispute resolution to resolve complaints during adjudicative proceedings.
(2) Disclosure of the identity of reviewing disciplining authority members who participate in the settlement process is available to the respondent or his or her representative upon request.
(3) The settlement conference will occur only if a settlement is not achieved through written documents. The respondent will have the opportunity to conference either by phone or in person with the reviewing disciplining authority member if the respondent chooses. The respondent may also have his or her attorney conference either by phone or in person with the reviewing disciplining authority member without the respondent being present personally.
(4) If the respondent wants to meet in person with the reviewing disciplining authority member, he or she will travel to the reviewing disciplining authority member and have such a conference with a department representative in attendance either by phone or in person.
[ 1995 c 336 § 7; 1994 sp.s. c 9 § 604.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.100 - Hearings—Adjudicative proceedings under chapter 34.05 RCW.

RCW 18.130.100
Hearings—Adjudicative proceedings under chapter 34.05 RCW.
The procedures governing adjudicative proceedings before agencies under chapter 34.05 RCW, the Administrative Procedure Act, govern all hearings before the disciplining authority. The disciplining authority has, in addition to the powers and duties set forth in this chapter, all of the powers and duties under chapter 34.05 RCW, which include, without limitation, all powers relating to the administration of oaths, the receipt of evidence, the issuance and enforcing of subpoenas, and the taking of depositions.
[ 1989 c 175 § 69; 1984 c 279 § 10.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.110 - Findings of fact—Order—Report.

RCW 18.130.110
Findings of fact—Order—Report.
(1) In the event of a finding of unprofessional conduct, the disciplining authority shall prepare and serve findings of fact and an order as provided in chapter 34.05 RCW, the Administrative Procedure Act. If the license holder or applicant is found to have not committed unprofessional conduct, the disciplining authority shall forthwith prepare and serve findings of fact and an order of dismissal of the charges, including public exoneration of the licensee or applicant. The findings of fact and order shall be retained by the disciplining authority as a permanent record.
(2) The disciplining authority shall report the issuance of statements of charges and final orders in cases processed by the disciplining authority to:
(a) The person or agency who brought to the disciplining authority's attention information which resulted in the initiation of the case;
(b) Appropriate organizations, public or private, which serve the professions;
(c) The public. Notification of the public shall include press releases to appropriate local news media and the major news wire services; and
(d) Counterpart licensing boards in other states, or associations of state licensing boards.
(3) This section shall not be construed to require the reporting of any information which is exempt from public disclosure under chapter 42.56 RCW.
[ 2005 c 274 § 232; 1989 c 175 § 70; 1984 c 279 § 11.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.120 - Actions against license—Exception.

RCW 18.130.120
Actions against license—Exception.
The department shall not issue any license to any person whose license has been denied, revoked, or suspended by the disciplining authority except in conformity with the terms and conditions of the certificate or order of denial, revocation, or suspension, or in conformity with any order of reinstatement issued by the disciplining authority, or in accordance with the final judgment in any proceeding for review instituted under this chapter.
[ 1984 c 279 § 12.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.127 - License suspension—Noncompliance with support order—Reissuance.

RCW 18.130.127
License suspension—Noncompliance with support order—Reissuance.
The secretary shall immediately suspend the license of any person subject to this chapter who has been certified by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order as provided in RCW 74.20A.320.
[ 1997 c 58 § 830.]
NOTES:
*Reviser's note: 1997 c 58 § 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.130 - Orders—When effective—Stay.

RCW 18.130.130
Orders—When effective—Stay.
An order pursuant to proceedings authorized by this chapter, after due notice and findings in accordance with this chapter and chapter 34.05 RCW, or an order of summary suspension entered under this chapter, shall take effect immediately upon its being served. The order, if appealed to the court, shall not be stayed pending the appeal unless the disciplining authority or court to which the appeal is taken enters an order staying the order of the disciplining authority, which stay shall provide for terms necessary to protect the public.
[ 1986 c 259 § 7; 1984 c 279 § 13.]
NOTES:
Severability—1986 c 259: See note following RCW 18.130.010.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.135 - Suspension or restriction orders—Show cause hearing.

RCW 18.130.135
Suspension or restriction orders—Show cause hearing.
(1) Upon an order of a disciplining authority to summarily suspend a license, or restrict or limit a license holder's practice pursuant to RCW 18.130.050 or 18.130.062, the license holder is entitled to a show cause hearing before a panel or the secretary as identified in subsection (2) of this section within fourteen days of requesting a show cause hearing. The license holder must request the show cause hearing within twenty days of the issuance of the order. At the show cause hearing, the disciplining authority has the burden of demonstrating that more probable than not, the license holder poses an immediate threat to the public health and safety. The license holder must request a hearing regarding the statement of charges in accordance with RCW 18.130.090.
(2)(a) In the case of a license holder who is regulated by a board or commission identified in RCW 18.130.040(2)(b), the show cause hearing must be held by a panel of the appropriate board or commission.
(b) In the case of a license holder who is regulated by the secretary under RCW 18.130.040(2)(a), the show cause hearing must be held by the secretary.
(3) At the show cause hearing, the show cause hearing panel or the secretary may consider the statement of charges, the motion, and documents supporting the request for summary action, the respondent's answer to the statement of charges, and shall provide the license holder with an opportunity to provide documentary evidence and written testimony, and be represented by counsel. Prior to the show cause hearing, the disciplining authority shall provide the license holder with all documentation in support of the charges against the license holder.
(4)(a) If the show cause hearing panel or secretary determines that the license holder does not pose an immediate threat to the public health and safety, the panel or secretary may overturn the summary suspension or restriction order.
(b) If the show cause hearing panel or secretary determines that the license holder poses an immediate threat to the public health and safety, the summary suspension or restriction order shall remain in effect. The show cause hearing panel or secretary may amend the order as long as the amended order ensures that the license holder will no longer pose an immediate threat to the public health and safety.
(5) Within forty-five days of the show cause hearing panel's or secretary's determination to sustain the summary suspension or place restrictions on the license, the license holder may request a full hearing on the merits of the disciplining authority's decision to suspend or restrict the license. A full hearing must be provided within forty-five days of receipt of the request for a hearing, unless stipulated otherwise.
[ 2008 c 134 § 6.]
NOTES:
Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.140 - Appeal.

RCW 18.130.140
Appeal.
An individual who has been disciplined, whose license has been denied, or whose license has been granted with conditions by a disciplining authority may appeal the decision as provided in chapter 34.05 RCW.
[ 2008 c 134 § 21; 1984 c 279 § 14.]
NOTES:
Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.150 - Reinstatement.

RCW 18.130.150
Reinstatement.
A person whose license has been suspended under this chapter may petition the disciplining authority for reinstatement after an interval as determined by the disciplining authority in the order unless the disciplining authority has found, pursuant to RCW 18.130.160, that the licensee can never be rehabilitated or can never regain the ability to practice with reasonable skill and safety. The disciplining authority shall hold hearings on the petition and may deny the petition or may order reinstatement and impose terms and conditions as provided in RCW 18.130.160 and issue an order of reinstatement. The disciplining authority may require successful completion of an examination as a condition of reinstatement.
A person whose license has been suspended for noncompliance with a support order or visitation order under RCW 74.20A.320 may petition for reinstatement at any time by providing the secretary a release issued by the department of social and health services stating that the person is in compliance with the order. If the person has continued to meet all other requirements for reinstatement during the suspension, the secretary shall automatically reissue the person's license upon receipt of the release, and payment of a reinstatement fee, if any.
[ 2008 c 134 § 22; 1997 c 58 § 831; 1984 c 279 § 15.]
NOTES:
Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.165 - Enforcement of fine.

RCW 18.130.165
Enforcement of fine.
Where an order for payment of a fine is made as a result of a citation under RCW 18.130.230 or a hearing under RCW 18.130.100 or 18.130.190 and timely payment is not made as directed in the final order, the disciplining authority may enforce the order for payment in the superior court in the county in which the hearing was held. This right of enforcement shall be in addition to any other rights the disciplining authority may have as to any licensee ordered to pay a fine but shall not be construed to limit a licensee's ability to seek judicial review under RCW 18.130.140.
In any action for enforcement of an order of payment of a fine, the disciplining authority's order is conclusive proof of the validity of the order of payment of a fine and the terms of payment.
[ 2008 c 134 § 23; 1993 c 367 § 20; 1987 c 150 § 4.]
NOTES:
Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020.
Severability—1987 c 150: See RCW 18.122.901.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.172 - Evidence summary and stipulations.

RCW 18.130.172
Evidence summary and stipulations.
(1) Prior to serving a statement of charges under RCW 18.130.090 or 18.130.170, the disciplinary [disciplining] authority may furnish a statement of allegations to the licensee along with a detailed summary of the evidence relied upon to establish the allegations and a proposed stipulation for informal resolution of the allegations. These documents shall be exempt from public disclosure until such time as the allegations are resolved either by stipulation or otherwise.
(2) The disciplinary [disciplining] authority and the licensee may stipulate that the allegations may be disposed of informally in accordance with this subsection. The stipulation shall contain a statement of the facts leading to the filing of the complaint; the act or acts of unprofessional conduct alleged to have been committed or the alleged basis for determining that the licensee is unable to practice with reasonable skill and safety; a statement that the stipulation is not to be construed as a finding of either unprofessional conduct or inability to practice; an acknowledgment that a finding of unprofessional conduct or inability to practice, if proven, constitutes grounds for discipline under this chapter; and an agreement on the part of the licensee that the sanctions set forth in RCW 18.130.160, except RCW 18.130.160 (1), (2), (6), and (8), may be imposed as part of the stipulation, except that no fine may be imposed but the licensee may agree to reimburse the disciplinary [disciplining] authority the costs of investigation and processing the complaint up to an amount not exceeding one thousand dollars per allegation; and an agreement on the part of the disciplinary [disciplining] authority to forego further disciplinary proceedings concerning the allegations. A stipulation entered into pursuant to this subsection shall not be considered formal disciplinary action.
(3) If the licensee declines to agree to disposition of the charges by means of a stipulation pursuant to subsection (2) of this section, the disciplinary [disciplining] authority may proceed to formal disciplinary action pursuant to RCW 18.130.090 or 18.130.170.
(4) Upon execution of a stipulation under subsection (2) of this section by both the licensee and the disciplinary [disciplining] authority, the complaint is deemed disposed of and shall become subject to public disclosure on the same basis and to the same extent as other records of the disciplinary [disciplining] authority. Should the licensee fail to pay any agreed reimbursement within thirty days of the date specified in the stipulation for payment, the disciplinary [disciplining] authority may seek collection of the amount agreed to be paid in the same manner as enforcement of a fine under RCW 18.130.165.
[ 2008 c 134 § 24; 2000 c 171 § 29; 1993 c 367 § 7.]
NOTES:
Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.185 - Injunctive relief for violations of RCW 18.130.170 or 18.130.180.

RCW 18.130.185
Injunctive relief for violations of RCW 18.130.170 or 18.130.180.
If a person or business regulated by this chapter violates RCW 18.130.170 or 18.130.180, the attorney general, any prosecuting attorney, the secretary, the board, or any other person may maintain an action in the name of the state of Washington to enjoin the person from committing the violations. The injunction shall not relieve the offender from criminal prosecution, but the remedy by injunction shall be in addition to the liability of the offender to criminal prosecution and disciplinary action.
[ 1993 c 367 § 8; 1987 c 150 § 8; 1986 c 259 § 15.]
NOTES:
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.186 - Voluntary substance abuse monitoring program—Content—License surcharge.

RCW 18.130.186
Voluntary substance abuse monitoring program—Content—License surcharge.
(1) To implement a substance abuse monitoring program for license holders specified under RCW 18.130.040, who are impaired by substance abuse, the disciplinary [disciplining] authority may enter into a contract with a voluntary substance abuse program under RCW 18.130.175. The program may include any or all of the following:
(a) Contracting with providers of treatment programs;
(b) Receiving and evaluating reports of suspected impairment from any source;
(c) Intervening in cases of verified impairment;
(d) Referring impaired license holders to treatment programs;
(e) Monitoring the treatment and rehabilitation of impaired license holders including those ordered by the disciplinary [disciplining] authority;
(f) Providing education, prevention of impairment, posttreatment monitoring, and support of rehabilitated impaired license holders; and
(g) Performing other activities as agreed upon by the disciplinary [disciplining] authority.
(2) A contract entered into under subsection (1) of this section may be financed by a surcharge on each license issuance or renewal to be collected by the department of health from the license holders of the same regulated health profession. These moneys shall be placed in the health professions account to be used solely for the implementation of the program.
[ 1993 c 367 § 9; 1989 c 125 § 3.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.195 - Violation of injunction—Penalty.

RCW 18.130.195
Violation of injunction—Penalty.
A person or business that violates an injunction issued under this chapter shall pay a civil penalty, as determined by the court, of not more than twenty-five thousand dollars, which shall be placed in the health professions account. For the purpose of this section, the superior court issuing any injunction shall retain jurisdiction and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for the recovery of civil penalties.
[ 1987 c 150 § 5.]
NOTES:
Severability—1987 c 150: See RCW 18.122.901.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.200 - Fraud or misrepresentation in obtaining or maintaining a license—Penalty.

RCW 18.130.200
Fraud or misrepresentation in obtaining or maintaining a license—Penalty.
A person who attempts to obtain, obtains, or attempts to maintain a license by willful misrepresentation or fraudulent representation is guilty of a gross misdemeanor.
[ 1997 c 392 § 517; 1986 c 259 § 12; 1984 c 279 § 20.]
NOTES:
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.
Severability—1986 c 259: See note following RCW 18.130.010.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.210 - Crime by license holder—Notice to attorney general or county prosecuting attorney.

RCW 18.130.210
Crime by license holder—Notice to attorney general or county prosecuting attorney.
If the disciplining authority determines or has cause to believe that a license holder has committed a crime, the disciplining authority, immediately subsequent to issuing findings of fact and a final order, shall notify the attorney general or the county prosecuting attorney in the county in which the act took place of the facts known to the disciplining authority.
[ 1986 c 259 § 13; 1984 c 279 § 22.]
NOTES:
Severability—1986 c 259: See note following RCW 18.130.010.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.230 - Production of documents—Administrative fines.

RCW 18.130.230
Production of documents—Administrative fines.
(1)(a) A licensee must produce documents, records, or other items that are within his or her possession or control within twenty-one calendar days of service of a request by a disciplining authority. If the twenty-one calendar day limit results in a hardship upon the licensee, he or she may request, for good cause, an extension not to exceed thirty additional calendar days.
(b) In the event the licensee fails to produce the documents, records, or other items as requested by the disciplining authority or fails to obtain an extension of the time for response, the disciplining authority may issue a written citation and assess a fine of up to one hundred dollars per day for each day after the issuance of the citation until the documents, records, or other items are produced.
(c) In no event may the administrative fine assessed by the disciplining authority exceed five thousand dollars for each investigation made with respect to the violation.
(2) Citations issued under this section must include the following:
(a) A statement that the citation represents a determination that the person named has failed to produce documents, records, or other items as required by this section and that the determination is final unless contested as provided in this section;
(b) A statement of the specific circumstances;
(c) A statement of the monetary fine, which is up to one hundred dollars per day for each day after the issuance of the citation;
(d) A statement informing the licensee that if the licensee desires a hearing to contest the finding of a violation, the hearing must be requested by written notice to the disciplining authority within twenty days of the date of issuance of the citation. The hearing is limited to the issue of whether the licensee timely produced the requested documents, records, or other items or had good cause for failure to do so; and
(e) A statement that in the event a licensee fails to pay a fine within thirty days of the date of assessment, the full amount of the assessed fine must be added to the fee for renewal of the license unless the citation is being appealed.
(3) RCW 18.130.165 governs proof and enforcement of the fine.
(4) Administrative fines collected under this section must be deposited in the health professions account created in RCW 43.70.320.
(5) Issuance of a citation under this section does not preclude the disciplining authority from pursuing other action under this chapter.
(6) The disciplining authority shall establish and make available to licensees the maximum daily monetary fine that may be issued under subsection (2)(c) of this section. The disciplining authority shall review the maximum fine on a regular basis, but at a minimum, each biennium.
[ 2008 c 134 § 20.]
NOTES:
Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.250 - Retired active license status.

RCW 18.130.250
Retired active license status.
The disciplining authority may adopt rules pursuant to this section authorizing a retired active license status. An individual credentialed by a disciplining authority regulated in the state under RCW 18.130.040, who is practicing only in emergent or intermittent circumstances as defined by rule established by the disciplining authority, may hold a retired active license at a reduced renewal fee established by the secretary under RCW 43.70.250 or, for a physician regulated pursuant to chapter 18.71 RCW who resides and practices in Washington and holds a retired active license, at no renewal fee. Except as provided in RCW 18.71.080, such a license shall meet the continuing education or continued competency requirements, if any, established by the disciplining authority for renewals, and is subject to the provisions of this chapter. Individuals who have entered into retired status agreements with the disciplinary [disciplining] authority in any jurisdiction shall not qualify for a retired active license under this section.
[ 2009 c 403 § 3; 1991 c 229 § 1.]
NOTES:
Finding—Intent—2009 c 403: See note following RCW 18.71.080.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.270 - Continuing competency pilot projects.

RCW 18.130.270
Continuing competency pilot projects.
The disciplinary [disciplining] authorities are authorized to develop and require licensees' participation in continuing competency pilot projects for the purpose of developing flexible, cost-efficient, effective, and geographically accessible competency assurance methods. The secretary shall establish criteria for development of pilot projects and shall select the disciplinary [disciplining] authorities that will participate from among the professions requesting participation. The department shall administer the projects in mutual cooperation with the disciplinary [disciplining] authority and shall allot and administer the budget for each pilot project. The department shall report to the legislature in January of each odd-numbered year concerning the progress and findings of the projects and shall make recommendations on the expansion of continued competency requirements to other licensed health professions.
Each disciplinary [disciplining] authority shall establish its pilot project in rule and may support the projects from a surcharge on each of the affected profession's license renewal in an amount established by the secretary.
[ 1991 c 332 § 3.]
NOTES:
Application to scope of practice—Captions not law—1991 c 332: See notes following RCW 18.130.010.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.300 - Immunity from liability.

RCW 18.130.300
Immunity from liability.
(1) The secretary, members of the boards or commissions, or individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any disciplinary proceedings or other official acts performed in the course of their duties.
(2) A voluntary substance abuse monitoring program or an impaired practitioner program approved by a disciplining authority, or individuals acting on their behalf, are immune from suit in a civil action based on any disciplinary proceedings or other official acts performed in the course of their duties.
[ 1998 c 132 § 11; 1994 sp.s. c 9 § 605; 1993 c 367 § 10; 1984 c 279 § 21.]
NOTES:
Finding—Intent—Severability—1998 c 132: See notes following RCW 18.71.0195.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.310 - Biennial report—Contents—Format.

RCW 18.130.310
Biennial report—Contents—Format.
(1) Subject to RCW 40.07.040, the disciplinary [disciplining] authority shall submit a biennial report to the legislature on its proceedings during the biennium, detailing the number of complaints made, investigated, and adjudicated and manner of disposition. In addition, the report must provide data on the department's background check activities conducted under RCW 18.130.064 and the effectiveness of those activities in identifying potential license holders who may not be qualified to practice safely. The report must summarize the distribution of the number of cases assigned to each attorney and investigator for each profession. The identity of the attorney and investigator must remain anonymous. The report may include recommendations for improving the disciplinary process, including proposed legislation. The department shall develop a uniform report format.
(2) Each disciplining authority identified in RCW 18.130.040(2)(b) may submit a biennial report to complement the report required under subsection (1) of this section. Each report may provide additional information about the disciplinary activities, rule-making and policy activities, and receipts and expenditures for the individual disciplining authority.
[ 2009 c 518 § 22; 2008 c 134 § 13; 1989 1st ex.s. c 9 § 313; 1987 c 505 § 5; 1984 c 279 § 23.]
NOTES:
Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.340 - Opiate therapy guidelines.

RCW 18.130.340
Opiate therapy guidelines.
The secretary of health shall coordinate and assist the regulatory boards and commissions of the health professions with prescriptive authority in the development of uniform guidelines for addressing opiate therapy for acute pain, and chronic pain associated with cancer and other terminal diseases, or other chronic or intractable pain conditions. The purpose of the guidelines is to assure the provision of effective medical treatment in accordance with recognized national standards and consistent with requirements of the public health and safety.
[ 1995 c 336 § 10.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.350 - Application—Use of records or exchange of information not affected.

RCW 18.130.350
Application—Use of records or exchange of information not affected.
This chapter does not affect the use of records, obtained from the secretary or the disciplining authorities, in any existing investigation or action by any state agency. Nor does this chapter limit any existing exchange of information between the secretary or the disciplining authorities and other state agencies.
[ 1997 c 270 § 3.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.360 - Retired volunteer medical worker license—Supervision—Rules.

RCW 18.130.360
Retired volunteer medical worker license—Supervision—Rules.
(1) As used in this section, "emergency or disaster" has the same meaning as in RCW 38.52.010.
(2) The secretary shall issue a retired volunteer medical worker license to any applicant who:
(a) Has held an active license issued by a disciplining authority under RCW 18.130.040 no more than ten years prior to applying for an initial license under this section;
(b) Does not have any current restrictions on the ability to obtain a license for violations of this chapter; and
(c) Submits proof of registration as a volunteer with a local organization for emergency services or management as defined by chapter 38.52 RCW.
(3) License holders under this section must be supervised and may practice only those duties that correspond to the scope of their emergency worker assignment not to exceed their scope of practice prior to retirement.
(4) The department shall adopt rules and policies to implement this section.
(5) The department shall establish standards for the renewal of licenses issued under this section, including continuing competency requirements.
(6) License holders under this section are subject to the provisions of this chapter as they may apply to the issuance and denial of credentials, unauthorized practice, and discipline for acts of unprofessional conduct.
(7) Nothing in this section precludes a health care professional who holds an active license from providing medical services during an emergency or disaster.
(8) The cost of regulatory activities for license holders under this section must be borne in equal proportion by all health care providers holding a license issued by a disciplining authority under RCW 18.130.040.
[ 2006 c 72 § 1.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.370 - Prohibition on practicing in another state—Prohibited from practicing in this state until proceedings of appropriate disciplining authority are completed.

RCW 18.130.370
Prohibition on practicing in another state—Prohibited from practicing in this state until proceedings of appropriate disciplining authority are completed.
Any individual who applies for a license or temporary practice permit or holds a license or temporary practice permit and is prohibited from practicing a health care profession in another state because of an act of unprofessional conduct that is substantially equivalent to an act of unprofessional conduct prohibited by this chapter or any of the chapters specified in RCW 18.130.040 is prohibited from practicing a health care profession in this state until proceedings of the appropriate disciplining authority have been completed under RCW 18.130.050.
[ 2006 c 99 § 3.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.390 - Sanctioning schedule—Development.

RCW 18.130.390
Sanctioning schedule—Development.
(1) Each of the disciplining authorities identified in RCW 18.130.040(2)(b) shall appoint a representative to review the secretary's sanctioning guidelines, as well as guidelines adopted by any of the boards and commissions, and collaborate to develop a schedule that defines appropriate ranges of sanctions that are applicable upon a determination that a license holder has committed unprofessional conduct as defined in this chapter or the chapters specified in RCW 18.130.040(2). The schedule must identify aggravating and mitigating circumstances that may enhance or reduce the sanction imposed by the disciplining authority for unprofessional conduct. The schedule must apply to all disciplining authorities. In addition, the disciplining authorities shall make provisions for instances in which there are multiple findings of unprofessional conduct. When establishing the proposed schedule, the disciplining authorities shall consider maintaining consistent sanction determinations that maximize the protection of the public's health and while maintaining the rights of health care providers of the different health professions. The disciplining authorities shall submit the proposed schedule and recommendations to modify or adopt the secretary's guidelines to the secretary no later than November 15, 2008.
(2) The secretary shall adopt rules establishing a uniform sanctioning schedule that is consistent with the proposed schedule developed under subsection (1) of this section. The schedule shall be applied to all disciplinary actions commenced under this chapter after January 1, 2009. The secretary shall use his or her emergency rule-making authority pursuant to the procedures under chapter 34.05 RCW, to adopt rules that take effect no later than January 1, 2009, to implement the schedule.
(3) The disciplining authority may determine that a case presents unique circumstances that the schedule adopted under this section does not adequately address. The disciplining authority may deviate from the schedule adopted under this section when selecting appropriate sanctions, but the disciplining authority must issue a written explanation in the order of the basis for not following the schedule.
(4) The secretary shall report to the legislature by January 15, 2009, on the adoption of the sanctioning schedule.
[ 2008 c 134 § 12.]
NOTES:
Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.400 - Abuse of vulnerable adult—Prohibition on practice.

RCW 18.130.400
Abuse of vulnerable adult—Prohibition on practice.
Any individual who applies for a license or temporary practice permit or holds a license or temporary practice permit and has a final finding issued by the department of social and health services of abuse or neglect of a minor or abuse, abandonment, neglect, or financial exploitation of a vulnerable adult is prohibited from practicing a health care profession in this state until proceedings of the appropriate disciplining authority have been completed under RCW 18.130.050.
[ 2013 c 86 § 1.]
NOTES:
Effective date—2013 c 86: "This act takes effect January 1, 2014." [ 2013 c 86 § 3.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.430 - Pelvic exams.

RCW 18.130.430
Pelvic exams.
(1) A health care provider licensed under this title may not knowingly perform or authorize a student practicing under their authority to perform a pelvic examination on a patient who is anesthetized or unconscious unless:
(a) The patient or a person authorized to make health care decisions for the patient gave specific informed consent to the examination;
(b) The examination is necessary for diagnostic or treatment purposes; or
(c) Sexual assault is suspected, evidence may be collected if the patient is not capable of informed consent due to longer term medical condition, or if evidence will be lost.
(2) A licensed health care provider who violates subsection (1) of this section is subject to discipline pursuant to this chapter, the uniform disciplinary act.
[ 2020 c 187 § 1.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.440 - Educational materials on nationwide 988 phone number—Veterans crisis line and resources.

RCW 18.130.440
Educational materials on nationwide 988 phone number—Veterans crisis line and resources.
(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall consult with the department of veterans affairs to create educational materials informing health care providers regulated under this chapter about the availability of the nationwide 988 phone number for individuals in crisis to connect with suicide prevention and mental health crisis counselors. The educational materials must include information about the veterans crisis line for veterans and service members, and, beginning July 1, 2023, information about the resources developed under RCW 43.60A.280.
(2) The department shall:
(a) Determine the health professions to which this section shall apply; and
(b) Collaborate with the corresponding disciplining authority under RCW 18.130.020 to ensure that the educational materials are distributed electronically to appropriate licensed health care providers when a provider renews his or her license.
(3) Beginning July 1, 2023, all health care providers are strongly encouraged to inquire with new patients entering care whether the patient is a veteran, member of the military, or a family member of a veteran or member of the military. If the patient responds in the affirmative, the provider is encouraged to share the educational materials created under this section with the patient.
[ 2022 c 191 § 6.]
NOTES:
Findings—Intent—2022 c 191: See note following RCW 43.60A.260.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.460 - Female genital mutilation—Minors—Prohibition on procedure.

RCW 18.130.460
Female genital mutilation—Minors—Prohibition on procedure.
(1) A health care provider licensed under this title shall not perform any procedure constituting female genital mutilation on a minor.
(2) A licensed health care provider who violates subsection (1) of this section is subject to discipline under this chapter.
(3) For purposes of this section:
(a) "Female genital mutilation" means any procedure performed for nonmedical reasons that involves partial or total removal of, or other injury to, the external female genitalia, including but not limited to a clitoridectomy or the partial or total removal of the clitoris or the prepuce or clitoral hood, excision or the partial or total removal (with or without excision of the clitoris) of the labia minora or the labia majora, or both, infibulation or the narrowing of the vaginal opening (with or without excision of the clitoris), or other procedures that are harmful to the external female genitalia, including pricking, incising, scraping, or cauterizing the genital area; and
(b) "Minor" means any person under the age of 18.
[ 2023 c 122 § 3.]
NOTES:
Finding—Intent—Effective date—2023 c 122: See notes following RCW 9A.36.170.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.800 - Rule making—Licensure requirements.

RCW 18.130.800
Rule making—Licensure requirements.
(1) By July 1, 2024, the department and the examining board of psychology shall adopt emergency rules to implement changes to licensing requirements to remove barriers to entering and remaining in the health care workforce and to streamline and shorten the credentialing process. Pursuant to RCW 34.05.350, the legislature finds that the rules adopted under this section are necessary for the preservation of the public health, safety, or general welfare and observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest. The disciplining authorities shall, therefore, adopt the rules required under this section as emergency rules.
(2) By July 1, 2025, the department and the examining board of psychology shall adopt permanent rules to implement changes to licensing requirements to remove barriers to entering and remaining in the health care workforce and to streamline and shorten the credentialing process.
[ 2023 c 425 § 6.]
NOTES:
Effective date—2023 c 425 §§ 1-7, 13-20, and 22-26: See note following RCW 18.83.170.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.900 - Short title—Applicability.

RCW 18.130.900
Short title—Applicability.
(1) This chapter shall be known and cited as the uniform disciplinary act.
(2) This chapter applies to any conduct, acts, or conditions occurring on or after June 11, 1986.
(3) This chapter does not apply to or govern the construction of and disciplinary action for any conduct, acts, or conditions occurring prior to June 11, 1986. Such conduct, acts, or conditions must be construed and disciplinary action taken according to the provisions of law existing at the time of the occurrence in the same manner as if this chapter had not been enacted.
[ 1986 c 259 § 14; 1984 c 279 § 24.]
NOTES:
Severability—1986 c 259: See note following RCW 18.130.010.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.130 - Regulation of Health Professions—Uniform Disciplinary Act. › 18.130.901 - Severability—1984 c 279.

RCW 18.130.901
Severability—1984 c 279.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
[ 1984 c 279 § 95.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.138 - Dietitians and Nutritionists. › 18.138.010 - Definitions.

RCW 18.138.010
Definitions.
(1) "Dietetics" is the integration and application of scientific principles of food, nutrition, biochemistry, physiology, management, and behavioral and social sciences in counseling people to achieve and maintain health. Unique functions of dietetics include, but are not limited to:
(a) Assessing individual and community food practices and nutritional status using anthropometric, biochemical, clinical, dietary, and demographic data for clinical, research, and program planning purposes;
(b) Establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints;
(c) Providing nutrition counseling and education as components of preventive, curative, and restorative health care;
(d) Developing, implementing, managing, and evaluating nutrition care systems; and
(e) Evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition care services.
(2) "General nutrition services" means the counseling and/or educating of groups or individuals in the selection of food to meet normal nutritional needs for health maintenance, which includes, but is not restricted to:
(a) Assessing the nutritional needs of individuals and groups by planning, organizing, coordinating, and evaluating the nutrition components of community health care services;
(b) Supervising, administering, or teaching normal nutrition in colleges, universities, clinics, group care homes, nursing homes, hospitals, private industry, and group meetings.
(3) "Certified dietitian" means any person certified to practice dietetics under this chapter.
(4) "Certified nutritionist" means any person certified to provide general nutrition services under this chapter.
(5) "Department" means the department of health.
(6) "Secretary" means the secretary of health or the secretary's designee.
[ 1991 c 3 § 278; 1988 c 277 § 1.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.138 - Dietitians and Nutritionists. › 18.138.020 - Certification required.

RCW 18.138.020
Certification required.
(1) No persons shall represent themselves as certified dietitians or certified nutritionists unless certified as provided for in this chapter.
(2) Persons represent themselves as certified dietitians or certified nutritionists when any title or any description of services is used which incorporates one or more of the following items or designations: "Certified dietitian," "certified dietician," "certified nutritionist," "D.," "C.D.," or "C.N."
(3) The secretary may by rule proscribe or regulate advertising and other forms of patient solicitation which are likely to mislead or deceive the public as to whether someone is certified under this chapter.
[ 1991 c 3 § 279; 1988 c 277 § 2.]