reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.16 - Cosmetologists, Hair Designers, Barbers, Manicurists, and Estheticians. › 18.16.290 - License—Inactive status.

RCW 18.16.290
License—Inactive status.
(1) If the holder of an individual license in good standing submits a written and notarized request that the licensee's cosmetology, hair design, barber, manicurist, esthetician and master esthetician, or instructor license be placed on inactive status, together with a fee equivalent to that established by rule for a duplicate license, the department shall place the license on inactive status until the expiration date of the license. If the date of the request is no more than six months before the expiration date of the license, a request for a two-year extension of the inactive status, as provided under subsection (2) of this section, may be submitted at the same time as the request under this subsection.
(2) If the holder of a license placed on inactive status under this section submits, by the expiration date of the license, a written and notarized request to extend that status for an additional two years, the department shall, without additional fee, extend the expiration date of: (a) The licensee's individual license; and (b) the inactive status for two years from the expiration date of the license.
(3) A license placed on inactive status under this section may not be extended more frequently than once in any twenty-four month period or for more than six consecutive years.
(4) If, by the expiration date of a license placed on inactive status under this section, a licensee is unable, or fails, to request that the status be extended and the license is not renewed, the license shall be canceled.
[ 2015 c 62 § 11; 2013 c 187 § 12; 2004 c 51 § 2.]
NOTES:
Notice of chapter 51, Laws of 2004—Effective date—2004 c 51: See notes following RCW 18.16.060.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.16 - Cosmetologists, Hair Designers, Barbers, Manicurists, and Estheticians. › 18.16.300 - Military training or experience.

RCW 18.16.300
Military training or experience.
An applicant with military training or experience satisfies the training or experience requirements of this chapter unless the director determines that the military training or experience is not substantially equivalent to the standards of this state.
[ 2011 c 351 § 3.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.16 - Cosmetologists, Hair Designers, Barbers, Manicurists, and Estheticians. › 18.16.305 - Recognition as institution of postsecondary study.

RCW 18.16.305
Recognition as institution of postsecondary study.
Schools shall be recognized as institutions of postsecondary study under the following conditions:
(1) The school admits as regular students only those individuals who have earned a recognized high school diploma or the equivalent of a recognized high school diploma, or who are beyond the age of compulsory education as provided in RCW 28A.225.010; and
(2) The school is licensed by name by the department under this chapter to offer one or more training programs beyond the secondary level.
[ 2013 c 201 § 2.]
NOTES:
Intent—2013 c 201: "It is the intent of the legislature to maintain and expand access to postsecondary education and improve opportunities for students. The legislature recognizes that access to federal financial aid is a major avenue for overcoming financial barriers to higher education for many students in Washington. The legislature recognizes that recent federal changes in federal regulations require the adjustment of definitions of certain postsecondary institutions in state statutes to ensure that those schools that currently meet the requirements are eligible for student financial aid programs provided by the federal government." [ 2013 c 201 § 1.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.16 - Cosmetologists, Hair Designers, Barbers, Manicurists, and Estheticians. › 18.16.320 - Department of licensing tuition recovery trust fund—State treasurer.

RCW 18.16.320
Department of licensing tuition recovery trust fund—State treasurer.
The department of licensing tuition recovery trust fund is created in the custody of the state treasurer. All receipts from each school owner under RCW 18.16.310 must be deposited into the fund. Expenditures from the fund may be used only for the purposes in RCW 18.16.310. Only the director or the director's designee may authorize expenditures from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2018 c 203 § 10.]
NOTES:
Finding—Intent—2018 c 203: See note following RCW 28B.85.095.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.16 - Cosmetologists, Hair Designers, Barbers, Manicurists, and Estheticians. › 18.16.900 - Short title.

RCW 18.16.900
Short title.
This chapter shall be known and may be cited as the "Washington cosmetologists, hair designers, barbers, manicurists, and estheticians act."
[ 2015 c 62 § 12; 2002 c 111 § 17; 1984 c 208 § 20.]
NOTES:
Effective date—2002 c 111: See note following RCW 18.16.010.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.16 - Cosmetologists, Hair Designers, Barbers, Manicurists, and Estheticians. › 18.16.907 - Effective date—1984 c 208.

RCW 18.16.907
Effective date—1984 c 208.
This act shall take effect July 1, 1984.
[ 1984 c 208 § 23.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.17 - Interstate Counseling Compact. › 18.17.005 - Purpose.

RCW 18.17.005
Purpose.
The purpose of this compact is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. The practice of professional counseling occurs in the state where the client is located at the time of the counseling services. The 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 professional counseling 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 practice for licensed professional counselors;
(4) Support spouses of relocating active duty military personnel;
(5) Enhance the exchange of licensure, investigative, and disciplinary information among member states;
(6) Allow for the use of telehealth technology to facilitate increased access to professional counseling services;
(7) Support the uniformity of professional counseling licensure requirements throughout the states to promote public safety and public health benefits;
(8) Invest all member states with the authority to hold a licensed professional counselor accountable for meeting all state practice laws in the state in which the client is located at the time care is rendered through the mutual recognition of member state licenses;
(9) Eliminate the necessity for licenses in multiple states; and
(10) Provide opportunities for interstate practice by licensed professional counselors who meet uniform licensure requirements.
[ 2023 c 58 § 1.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.17 - Interstate Counseling Compact. › 18.17.040 - Obtaining a new home state license based on a privilege to practice.

RCW 18.17.040
Obtaining a new home state license based on a privilege to practice.
(1) A licensed professional counselor may hold a home state license, which allows for a privilege to practice in other member states, in only one member state at a time.
(2) If a licensed professional counselor changes primary state of residence by moving between two member states:
(a) The licensed professional counselor shall file an application for obtaining a new home state license based on a privilege to practice, 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 a privilege to practice, the new home state shall verify that the licensed professional counselor meets the pertinent criteria outlined in RCW 18.17.030 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 Public Law 92-544;
(ii) Other criminal background check as required by the new home state; and
(iii) Completion of any requisite jurisprudence requirements of the new home state.
(c) The former home state shall convert the former home state license into a privilege to practice 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 licensed professional counselor cannot meet the criteria in RCW 18.17.030, the new home state may apply its requirements for issuing a new single state license.
(e) The licensed professional counselor shall pay all applicable fees to the new home state in order to be issued a new home state license.
(3) If a licensed professional counselor 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.
[ 2023 c 58 § 5.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.17 - Interstate Counseling Compact. › 18.17.050 - Active duty military personnel or their spouses.

RCW 18.17.050
Active duty military personnel or their spouses.
Active duty military personnel, or their spouse, 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 their home state through application for licensure in the new state, or through the process outlined in RCW 18.17.040.
[ 2023 c 58 § 6.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.17 - Interstate Counseling Compact. › 18.17.060 - Compact privilege to practice telehealth.

RCW 18.17.060
Compact privilege to practice telehealth.
(1) Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with RCW 18.17.020 and under rules promulgated by the commission, to practice professional counseling in any member state via telehealth under a privilege to practice as provided in the compact and rules promulgated by the commission.
(2) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state.
[ 2023 c 58 § 7.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.17 - Interstate Counseling Compact. › 18.17.090 - Data system.

RCW 18.17.090
Data system.
(1) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
(2) 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 or privilege to practice;
(d) Nonconfidential information related to alternative program participation;
(e) Any denial of application for licensure, and the reason(s) for such denial;
(f) Current significant investigative information; and
(g) Other information that may facilitate the administration of this compact, as determined by the rules of the commission.
(3) 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.
[ 2023 c 58 § 10.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.17 - Interstate Counseling Compact. › 18.17.120 - Date of implementation of the counseling compact commission and associated rules, withdrawal, and amendment.

RCW 18.17.120
Date of implementation of the counseling compact commission 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 10th 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 rules. Thereafter, the commission shall meet and exercise rule-making powers necessary to the implementation and administration of the compact.
(2) Any state that joins the 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 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.
(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 professional counseling 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 professional counseling 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.
[ 2023 c 58 § 13.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.17 - Interstate Counseling Compact. › 18.17.130 - Construction—Severability.

RCW 18.17.130
Construction—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, 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.
[ 2023 c 58 § 14.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.17 - Interstate Counseling Compact. › 18.17.140 - Binding effect of compact and other laws.

RCW 18.17.140
Binding effect of compact and other laws.
(1) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations, including scope of practice, of the remote state.
(2) Nothing herein prevents enforcement of any other law of a member state that is not inconsistent with the compact.
(3) Any laws in a member state in conflict with the compact are superseded to the extent of the conflict.
(4) Any lawful actions of the commission, including all rules and bylaws properly promulgated by the commission, are binding upon the member states.
(5) All permissible agreements between the commission and the member states are binding in accordance with their terms.
(6) In the event any provision of the 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.
[ 2023 c 58 § 15.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.19 - Counselors. › 18.19.010 - Legislative findings—Insurance benefits not mandated.

RCW 18.19.010
Legislative findings—Insurance benefits not mandated.
The qualifications and practices of counselors in this state are virtually unknown to potential clients. Beyond the regulated practices of psychiatry and psychology, there are a considerable variety of disciplines, theories, and techniques employed by other counselors under a number of differing titles. The legislature recognizes the right of all counselors to practice their skills freely, consistent with the requirements of the public health and safety, as well as the right of individuals to choose which counselors best suit their needs and purposes. This chapter shall not be construed to require or prohibit that individual or group policies or contracts of an insurance carrier, health care service contractor, or health maintenance organization provide benefits or coverage for services and supplies provided by a person registered under this chapter.
[ 2001 c 251 § 17; 1987 c 512 § 1.]
NOTES:
Severability—2001 c 251: See RCW 18.225.900.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.19 - Counselors. › 18.19.030 - Credential required—Counselors.

RCW 18.19.030
Credential required—Counselors.
A person may not, as a part of his or her position as an employee of a state agency, practice counseling without being registered, certified, or licensed to practice as an agency affiliated counselor by the department under this chapter unless exempt under RCW 18.19.040.
[ 2023 c 425 § 14; 2008 c 135 § 2; 2001 c 251 § 19; 1991 c 3 § 20; 1987 c 512 § 2.]
NOTES:
Effective date—2023 c 425 §§ 1-7, 13-20, and 22-26: See note following RCW 18.83.170.
Effective date—2008 c 135 §§ 1, 2, 7-9, and 11-19: See note following RCW 18.19.020.
Severability—2001 c 251: See RCW 18.225.900.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.19 - Counselors. › 18.19.031 - Registered counselor credentials—Limitation on issuance.

RCW 18.19.031
Registered counselor credentials—Limitation on issuance.
The department of health may not issue any new registered counselor credentials after July 1, 2009.
[ 2008 c 135 § 22.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.19 - Counselors. › 18.19.035 - Registration required—Hypnotherapists.

RCW 18.19.035
Registration required—Hypnotherapists.
A person may not, for a fee or as a part of his or her position as an employee of a state agency, practice hypnotherapy without being registered to practice as a hypnotherapist by the department under this chapter unless exempt under RCW 18.19.040.
[ 2008 c 135 § 3.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.19 - Counselors. › 18.19.040 - Exemptions.

RCW 18.19.040
Exemptions.
Nothing in this chapter may be construed to prohibit or restrict:
(1) The practice of a profession by a person who is either registered, certified, licensed, or similarly regulated under the laws of this state and who is performing services within the person's authorized scope of practice, including any attorney admitted to practice law in this state when providing counseling incidental to and in the course of providing legal counsel;
(2) The practice of counseling by an employee or trainee of any federal agency, or the practice of counseling by a student of a college or university, if the employee, trainee, or student is practicing solely under the supervision of and accountable to the agency, college, or university, through which he or she performs such functions as part of his or her position for no additional fee other than ordinary compensation;
(3) The practice of counseling by a person for no compensation;
(4) The practice of counseling by persons offering services for public and private nonprofit organizations or charities not primarily engaged in counseling for a fee when approved by the organizations or agencies for whom they render their services;
(5) Evaluation, consultation, planning, policy-making, research, or related services conducted by social scientists for private corporations or public agencies;
(6) The practice of counseling by a person under the auspices of a religious denomination, church, or organization, or the practice of religion itself;
(7) The practice of counseling by peer counselors who use their own experience to encourage and support people with similar conditions or activities related to the training of peer counselors; and
(8) Counselors who reside outside Washington state from providing up to ten days per quarter of training or workshops in the state, as long as they do not hold themselves out to be registered or certified in Washington state.
[ 2008 c 135 § 5; 2001 c 251 § 20; 1987 c 512 § 4.]
NOTES:
Severability—2001 c 251: See RCW 18.225.900.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.19 - Counselors. › 18.19.050 - Powers of secretary—Application of uniform disciplinary act—Public education program.

RCW 18.19.050
Powers of secretary—Application of uniform disciplinary act—Public education program.
(1) In addition to any other authority provided by law, the secretary has the following authority:
(a) To adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter;
(b) To set all registration, certification, and renewal fees in accordance with RCW 43.70.250 and to collect and deposit all such fees in the health professions account established under RCW 43.70.320;
(c) To establish forms and procedures necessary to administer this chapter;
(d) To hire clerical, administrative, and investigative staff as needed to implement this chapter;
(e) To issue a registration or certification to any applicant who has met the requirements for registration or certification; and
(f) To establish education equivalency, examination, supervisory, consultation, and continuing education requirements for certified counselors and certified advisers.
(2) The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of registrations and certifications and the discipline of registrants under this chapter. The secretary shall be the disciplining authority under this chapter.
(3) The department shall publish and disseminate information to educate the public about the responsibilities of counselors, the types of counselors, and the rights and responsibilities of clients established under this chapter. The secretary may assess an additional fee for each application and renewal to fund public education efforts under this section.
[ 2008 c 135 § 6; 2001 c 251 § 21; 1991 c 3 § 21; 1987 c 512 § 5.]
NOTES:
Severability—2001 c 251: See RCW 18.225.900.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.19 - Counselors. › 18.19.060 - Information disclosure to clients.

RCW 18.19.060
Information disclosure to clients.
Certified counselors and certified advisers shall provide clients at the commencement of any program of treatment with accurate disclosure information concerning their practice, in accordance with guidelines developed by the department, that will inform clients of the purposes of and resources available under this chapter, including the right of clients to refuse treatment, the responsibility of clients for choosing the provider and treatment modality which best suits their needs, and the extent of confidentiality provided by this chapter, the department, another agency, or other jurisdiction. The disclosure statement must inform the client of the certified counselor's or certified adviser's consultation arrangement or supervisory agreement as defined in rules adopted by the secretary. The disclosure information provided by the certified counselor or certified adviser, the receipt of which shall be acknowledged in writing by the certified counselor or certified adviser and the client, shall include any relevant education and training, the therapeutic orientation of the practice, the proposed course of treatment where known, any financial requirements, referral resources, and such other information as the department may require by rule. The disclosure information shall also include a statement that the certification of an individual under this chapter does not include a recognition of any practice standards, nor necessarily imply the effectiveness of any treatment. Certified counselors and certified advisers must also disclose that they are not credentialed to diagnose mental disorders or to conduct psychotherapy as defined by the secretary by rule. The client is not liable for any fees or charges for services rendered prior to receipt of the disclosure statement.
[ 2008 c 135 § 7; 2001 c 251 § 22; 1987 c 512 § 6.]
NOTES:
Effective date—2008 c 135 §§ 1, 2, 7-9, and 11-19: See note following RCW 18.19.020.
Severability—2001 c 251: See RCW 18.225.900.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.19 - Counselors. › 18.19.080 - Official records.

RCW 18.19.080
Official records.
The secretary shall keep an official record of all proceedings, a part of which record shall consist of a register of all applicants for registration under this chapter, with the result of each application.
[ 2001 c 251 § 23; 1991 c 3 § 23; 1987 c 512 § 8.]
NOTES:
Severability—2001 c 251: See RCW 18.225.900.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.19 - Counselors. › 18.19.095 - Agency affiliated counselor practicing as peer counselor—No automatic denial of applicant with past conviction for certain offenses—Conditions.

RCW 18.19.095
Agency affiliated counselor practicing as peer counselor—No automatic denial of applicant with past conviction for certain offenses—Conditions.
The department may not automatically deny an applicant for an agency affiliated counselor credential who is practicing as a peer counselor in an agency or facility based on a conviction history consisting of convictions for simple assault, assault in the fourth degree, prostitution, theft in the third degree, theft in the second degree, or forgery, the same offenses as they may be renamed, or substantially equivalent offenses committed in other states or jurisdictions if:
(1) At least one year has passed between the applicant's most recent conviction for an offense set forth in this section and the date of application for employment;
(2) The offense was committed as a result of the person's substance use or untreated mental health symptoms; and
(3) The applicant is at least one year in recovery from a substance use disorder, whether through abstinence or stability on medication-assisted therapy, or in recovery from mental health challenges.
[ 2023 c 425 § 16; 2019 c 446 § 45.]
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 18.19 - Counselors. › 18.19.100 - Renewal of credentials.

RCW 18.19.100
Renewal of credentials.
The secretary shall establish administrative procedures, administrative requirements, continuing education, and fees for renewal of credentials as provided in RCW 43.70.250 and 43.70.280. When establishing continuing education requirements for agency affiliated counselors, the secretary shall consult with the appropriate state agency director responsible for licensing, certifying, or operating the relevant agency practice setting.
[ 2008 c 135 § 10; 1996 c 191 § 5; 1991 c 3 § 25; 1987 c 512 § 10.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.19 - Counselors. › 18.19.180 - Confidential communications.

RCW 18.19.180
Confidential communications.
An individual credentialed under this chapter shall not disclose the written acknowledgment of the disclosure statement pursuant to RCW 18.19.060 nor any information acquired from persons consulting the individual in a professional capacity when that information was necessary to enable the individual to render professional services to those persons except:
(1) With the written consent of that person or, in the case of death or disability, the person's personal representative, other person authorized to sue, or the beneficiary of an insurance policy on the person's life, health, or physical condition;
(2) That a person credentialed under this chapter is not required to treat as confidential a communication that reveals the contemplation or commission of a crime or harmful act;
(3) If the person is a minor, and the information acquired by the person credentialed under this chapter indicates that the minor was the victim or subject of a crime, the person credentialed may testify fully upon any examination, trial, or other proceeding in which the commission of the crime is the subject of the inquiry;
(4) If the person waives the privilege by bringing charges against the person credentialed under this chapter;
(5) In response to a subpoena from a court of law or the secretary. The secretary may subpoena only records related to a complaint or report under chapter 18.130 RCW; or
(6) As required under chapter 26.44 RCW.
[ 2023 c 425 § 17; 2001 c 251 § 24; 1991 c 3 § 33; 1987 c 512 § 11.]
NOTES:
Effective date—2023 c 425 §§ 1-7, 13-20, and 22-26: See note following RCW 18.83.170.
Severability—2001 c 251: See RCW 18.225.900.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.19 - Counselors. › 18.19.190 - Other professions not affected.

RCW 18.19.190
Other professions not affected.
This chapter shall not be construed as permitting the administration or prescription of drugs or in any way infringing upon the practice of medicine and surgery as defined in chapter 18.71 RCW, or in any way infringing upon the practice of psychology as defined in chapter 18.83 RCW, or restricting the scope of the practice of counseling for those registered under this chapter.
[ 2001 c 251 § 25; 1987 c 512 § 18.]
NOTES:
Severability—2001 c 251: See RCW 18.225.900.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.19 - Counselors. › 18.19.200 - Scope of practice—Certified counselors and certified advisers.

RCW 18.19.200
Scope of practice—Certified counselors and certified advisers.
The scope of practice of certified counselors and certified advisers consists exclusively of the following:
(1) Appropriate screening of the client's level of functional impairment using the global assessment of functioning as described in the fourth edition of the diagnostic and statistical manual of mental disorders, published in 1994. Recognition of a mental or physical disorder or a global assessment of functioning score of sixty or less requires that the certified counselor or certified adviser refer the client to a physician, osteopathic physician, psychiatric registered nurse practitioner, or licensed mental health practitioner, as defined by the secretary, for diagnosis and treatment;
(2) Certified counselors and certified advisers may counsel and guide a client in adjusting to life situations, developing new skills, and making desired changes, in accordance with the theories and techniques of a specific counseling method and established practice standards, if the client has a global assessment of functioning score greater than sixty;
(3) Certified counselors may counsel and guide a client in adjusting to life situations, developing new skills, and making desired changes if the client has a global assessment of functioning score of sixty or less if:
(a) The client has been referred to the certified counselor by a physician, osteopathic physician, psychiatric registered nurse practitioner, or licensed mental health practitioner, as defined by the secretary, and care is provided as part of a plan of treatment developed by the referring practitioner who is actively treating the client. The certified counselor must adhere to any conditions related to the certified counselor's role as specified in the plan of care; or
(b) The certified counselor referred the client to seek diagnosis and treatment from a physician, osteopathic physician, psychiatric registered nurse practitioner, or licensed mental health practitioner, as defined by the secretary, and the client refused, in writing, to seek treatment from the other provider. The certified counselor may provide services to the client consistent with a treatment plan developed by the certified counselor and the consultant or supervisor with whom the certified counselor has a written consultation or supervisory agreement. A certified counselor shall not be a sole treatment provider for a client with a global assessment of functioning score of less than fifty.
[ 2008 c 135 § 4.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.19 - Counselors. › 18.19.210 - Agency affiliated counselors—Employment status—Duty to notify department.

RCW 18.19.210
Agency affiliated counselors—Employment status—Duty to notify department.
(1)(a) An applicant for an agency affiliated counselor credential who applies to the department within thirty days of employment by an agency may work as an agency affiliated counselor while the application is processed. The applicant must provide required documentation within reasonable time limits established by the department, and if the applicant does not do so, the applicant must stop working.
(b) The applicant may not provide unsupervised services prior to completion of a criminal background check performed by either the employer or the secretary. For purposes of this subsection, "unsupervised" means the supervisor is not physically present at the location where the counseling occurs.
(2) Agency affiliated counselors shall notify the department if they are either no longer employed by the agency identified on their application or are now employed with another agency, or both. Agency affiliated counselors may not engage in the practice of counseling or other services described under RCW 18.19.215 unless they are currently affiliated with an agency.
[ 2023 c 425 § 19; 2019 c 446 § 47; 2013 c 338 § 6; 2008 c 135 § 9.]
NOTES:
Effective date—2023 c 425 §§ 1-7, 13-20, and 22-26: See note following RCW 18.83.170.
Effective date—2008 c 135 §§ 1, 2, 7-9, and 11-19: See note following RCW 18.19.020.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.19 - Counselors. › 18.19.215 - Scope of practice—Agency affiliated counselors.

RCW 18.19.215
Scope of practice—Agency affiliated counselors.
The scope of practice of registered, certified, and licensed agency affiliated counselors consists exclusively of the following:
(1) Counseling as defined under RCW 18.19.020;
(2) A certified agency affiliated counselor may conduct mental health assessments and make mental health diagnoses which shall be reviewed by a clinical supervisor who is a mental health professional able to independently provide mental health assessments and diagnoses according to the scope of practice of the mental health professional's credential. A certified agency affiliated counselor may not provide clinical supervision; and
(3) A licensed agency affiliated counselor may independently conduct mental health assessments and make mental health diagnoses.
[ 2023 c 425 § 18.]
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 18.19 - Counselors. › 18.19.220 - Certified counselors and hypnotherapist advisory committee.

RCW 18.19.220
Certified counselors and hypnotherapist advisory committee.
The Washington state-certified counselors and hypnotherapist advisory committee is established.
(1) The committee is comprised of seven members. Two committee members must be certified counselors or certified advisers. Two committee members must be hypnotherapists. Three committee members must be consumers and represent the public at large and may not hold any mental health care provider license, certification, or registration.
(2) Two committee members must be appointed for a term of one year, two committee members must be appointed for a term of two years, and three committee members must be appointed for a term of three years. Subsequent committee members must be appointed for terms of three years. A person may not serve as a committee member for more than two consecutive terms.
(3)(a) Each committee member must be a resident of the state of Washington.
(b) A committee member may not hold an office in a professional association for their profession.
(c) Advisory committee members may not be employed by the state of Washington.
(d) Each professional committee member must have been actively engaged in their profession for five years immediately preceding appointment.
(e) The consumer committee members must represent the general public and be unaffiliated directly or indirectly with the professions credentialed under this chapter.
(4) The secretary shall appoint the committee members.
(5) Committee members are immune from suit in an action, civil or criminal, based on the department's disciplinary proceedings or other official acts performed in good faith.
(6) Committee members must be compensated in accordance with RCW 43.03.240, including travel expenses in carrying out his or her authorized duties in accordance with RCW 43.03.050 and 43.03.060.
(7) The committee shall elect a chair and vice chair.
[ 2008 c 135 § 19.]
NOTES:
Effective date—2008 c 135 §§ 1, 2, 7-9, and 11-19: See note following RCW 18.19.020.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.19 - Counselors. › 18.19.902 - Registered counselor credential abolished.

RCW 18.19.902
Registered counselor credential abolished.
To practice counseling, all registered counselors must obtain another health profession credential by July 1, 2010. The registered counselor credential is abolished July 1, 2010.
[ 2008 c 135 § 20.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.20 - Assisted Living Facilities. › 18.20.010 - Purpose.

RCW 18.20.010
Purpose.
The purpose of this chapter is to provide for the development, establishment, and enforcement of standards for the maintenance and operation of assisted living facilities, which, in the light of advancing knowledge, will promote safe and adequate care of the individuals therein. It is further the intent of the legislature that assisted living facilities be available to meet the needs of those for whom they care by recognizing the capabilities of individuals to direct their self-medication or to use supervised self-medication techniques when ordered and approved by a physician licensed under chapter 18.57 or 18.71 RCW or a podiatric physician and surgeon licensed under chapter 18.22 RCW.
The legislature finds that many residents of community-based long-term care facilities are vulnerable and their health and well-being are dependent on their caregivers. The quality, skills, and knowledge of their caregivers are often the key to good care. The legislature finds that the need for well-trained caregivers is growing as the state's population ages and residents' needs increase. The legislature intends that current training standards be enhanced.
[ 2012 c 10 § 1. Prior: 2000 c 171 § 3; 2000 c 121 § 1; 1985 c 297 § 1; 1957 c 253 § 1.]
NOTES:
Application—2012 c 10: "All department of social and health services rules that apply to licensed boarding homes on June 7, 2012, continue in effect and apply to licensed assisted living facilities, as defined in RCW 18.20.020." [ 2012 c 10 § 75.]
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.20 - Assisted Living Facilities. › 18.20.040 - Application for license.

RCW 18.20.040
Application for license.
An application for a license shall be made to the department upon forms provided by the department and shall contain such information as the department reasonably requires, which shall include affirmative evidence of ability to comply with such rules as are lawfully adopted by the department.
[ 2000 c 47 § 2; 1957 c 253 § 4.]
NOTES:
Effective date—2000 c 47: See note following RCW 18.20.020.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.20 - Assisted Living Facilities. › 18.20.090 - Rules, regulations, and standards.

RCW 18.20.090
Rules, regulations, and standards.
The department shall adopt, amend, and promulgate such rules, regulations, and standards with respect to all assisted living facilities and operators thereof to be licensed hereunder as may be designed to further the accomplishment of the purposes of this chapter in promoting safe and adequate care of individuals in assisted living facilities and the sanitary, hygienic and safe conditions of the assisted living facility in the interest of public health, safety, and welfare.
[ 2012 c 10 § 5; 1985 c 213 § 6; 1971 ex.s. c 189 § 3; 1957 c 253 § 9.]
NOTES:
Application—2012 c 10: See note following RCW 18.20.010.
Savings—Effective date—1985 c 213: See notes following RCW 43.20.050.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.20 - Assisted Living Facilities. › 18.20.125 - Inspections—Enforcement remedies—Screening—Limitations on unsupervised access to vulnerable adults.

RCW 18.20.125
Inspections—Enforcement remedies—Screening—Limitations on unsupervised access to vulnerable adults.
(1) Inspections must be outcome based and responsive to resident complaints and based on a clear set of health, quality of care, and safety standards that are easily understandable and have been made available to facilities, residents, and other interested parties. This includes that when conducting licensing inspections, the department shall interview an appropriate percentage of residents, family members, and advocates in addition to interviewing appropriate staff.
(2) Prompt and specific enforcement remedies shall also be implemented without delay, consistent with RCW 18.20.190, for facilities found to have delivered care or failed to deliver care resulting in problems that are serious, recurring, or uncorrected, or that create a hazard that is causing or likely to cause death or serious harm to one or more residents. These enforcement remedies may also include, when appropriate, reasonable conditions on a license. In the selection of remedies, the safety, health, and well-being of residents shall be of paramount importance.
(3)(a) To the extent funding is available, the licensee, administrator, and their staff should be screened through background checks in a uniform and timely manner to ensure that they do not have a criminal history that would disqualify them from working with vulnerable adults. Employees may be provisionally hired pending the results of the background check if they have been given three positive references.
(b) Long-term care workers, as defined in RCW 74.39A.009, who are hired after January 7, 2012, are subject to background checks under RCW 74.39A.056.
(4) No licensee, administrator, or staff, or prospective licensee, administrator, or staff, with a stipulated finding of fact, conclusion of law, and agreed order, or finding of fact, conclusion of law, or final order issued by a disciplining authority, a court of law, or entered into the state registry finding him or her guilty of abuse, neglect, exploitation, or abandonment of a minor or a vulnerable adult as defined in chapter 74.34 RCW shall be employed in the care of and have unsupervised access to vulnerable adults.
[ 2012 c 164 § 504; 2011 1st sp.s. c 31 § 15; 2009 c 580 § 3; 2004 c 140 § 4; 2003 c 231 § 5; 2001 c 85 § 2.]
NOTES:
Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.
Findings—Effective date—2003 c 231: See notes following RCW 18.20.020.
Effective date—2001 c 85: See note following RCW 18.20.115.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.20 - Assisted Living Facilities. › 18.20.126 - Screening—Certificates of parental improvement.

RCW 18.20.126
Screening—Certificates of parental improvement.
Assisted living facilities, as defined in this chapter, may not automatically deny a prospective volunteer or employee solely because of a founded finding of child abuse or neglect involving the individual revealed in the record check or a court finding or a court finding that the individual's child was dependent as a result of a finding that the individual abused or neglected their child pursuant to RCW 13.34.030(6)(b) when that founded finding or court finding is accompanied by a certificate of parental improvement as defined in chapter 74.13 RCW related to the same incident without conducting a review to determine the individual's character, suitability, and competency to volunteer with vulnerable adults.
[ 2020 c 270 § 5.]
NOTES:
Effective date—2020 c 270: See note following RCW 74.13.720.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.20 - Assisted Living Facilities. › 18.20.140 - Operating without license—Penalty.

RCW 18.20.140
Operating without license—Penalty.
Any person operating or maintaining any assisted living facility without a license under this chapter shall be guilty of a misdemeanor and each day of a continuing violation shall be considered a separate offense.
[ 2012 c 10 § 9; 1957 c 253 § 14.]
NOTES:
Application—2012 c 10: See note following RCW 18.20.010.
2023 Revised Code of Washington › Title 18 - Businesses and Professions › Chapter 18.20 - Assisted Living Facilities. › 18.20.150 - Operating without license—Injunction.

RCW 18.20.150
Operating without license—Injunction.
Notwithstanding the existence or use of any other remedy, the department, may, in the manner provided by law, upon the advice of the attorney general who shall represent the department in the proceedings, maintain an action in the name of the state for an injunction or other process against any person to restrain or prevent the operation or maintenance of an assisted living facility without a license under this chapter.
[ 2012 c 10 § 10; 1957 c 253 § 15.]
NOTES:
Application—2012 c 10: See note following RCW 18.20.010.