Revised Code of Washington - RCW Title 18 Businesses And Professions - Chapter 18.130 Regulation Of Health Professions -- Uniform Disciplinary Act

18.130.010 Intent
It is the intent of the legislature to strengthen and consolidate disciplinary and licensure procedures for the licensed health and health-related professions and businesses by ...
18.130.020 Definitions
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Board" means any of those boards specified in RCW ...
18.130.035 Background check activities -- Fees
In accordance with RCW 43.135.055, to implement the background check activities conducted pursuant to RCW 18.130.064, the department may establish fees as necessary to recover ...
18.130.037 Application and renewal fees
In accordance with RCW 43.135.055, the department may annually increase application and renewal fees as necessary to recover the cost of implementing the administrative and ...
18.130.040 Application to certain professions -- Authority of secretary -- Grant or denial of licenses -- Procedural rules
(1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified ...
18.130.045 Massage practitioners -- Procedures governing convicted prostitutes
RCW 18.108.085 shall govern the issuance and revocation of licenses issued or applied for under chapter 18.108 RCW to or by persons convicted of violating ...
18.130.050 Authority of disciplining authority
Except as provided in RCW 18.130.062, the disciplining authority has the following authority: (1) To adopt, amend, and rescind such rules as are deemed necessary ...
18.130.055 Authority of disciplining authority -- Denial of applications
(1) The disciplining authority may deny an application for licensure or grant a license with conditions if the applicant: (a) Has had his or her ...
18.130.060 Additional authority of secretary
In addition to the authority specified in RCW 18.130.050 and 18.130.062, the secretary has the following additional authority: (1) To employ such investigative, administrative, and ...
18.130.062 Authority of secretary -- Disciplinary process -- Sexual misconduct
With regard to complaints that only allege that a license holder has committed an act or acts of unprofessional conduct involving sexual misconduct, the secretary ...
18.130.064 Authority and duties -- Secretary and disciplining authority -- Background checks
(1)(a) The secretary is authorized to receive criminal history record information that includes nonconviction data for any purpose associated with investigation or licensing and investigate ...
18.130.065 Rules, policies, and orders -- Secretary's role
The secretary of health shall review and coordinate all proposed rules, interpretive statements, policy statements, and declaratory orders, as defined in chapter 34.05 RCW, that ...
18.130.070 Rules requiring reports -- Court orders -- Immunity from liability -- Licensees required to report
(1)(a) The secretary shall adopt rules requiring every license holder to report to the appropriate disciplining authority any conviction, determination, or finding that another license ...
18.130.075 Temporary practice permits -- Penalties
(1) If an individual licensed in another state that has licensing standards substantially equivalent to Washington applies for a license, the disciplining authority shall issue ...
18.130.080 Unprofessional conduct -- Complaint -- Investigation -- Civil penalty
(1)(a) An individual, an impaired practitioner program, or a voluntary substance abuse monitoring program approved by a disciplining authority, may submit a written complaint to ...
18.130.085 Communication with complainant
If the department communicates in writing to a complainant, or his or her representative, regarding his or her complaint, such communication shall not include the ...
18.130.090 Statement of charge -- Request for hearing
(1) If the disciplining authority determines, upon investigation, that there is reason to believe a violation of RCW 18.130.180 has occurred, a statement of charge ...
18.130.095 Uniform procedural rules
(1)(a) The secretary, in consultation with the disciplining authorities, shall develop uniform procedural rules to respond to public inquiries concerning complaints and their disposition, active ...
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 authorities may also use alternative dispute ...
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 ...
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 ...
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 ...
18.130.125 License suspension -- Nonpayment or default on educational loan or scholarship
The department shall suspend the license of any person who has been certified by a lending agency and reported to the department for nonpayment or ...
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 ...
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 ...
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 ...
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 ...
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 ...
18.130.160 Finding of unprofessional conduct -- Orders -- Sanctions -- Stay -- Costs -- Stipulations
Upon a finding, after hearing, that a license holder has committed unprofessional conduct or is unable to practice with reasonable skill and safety due to ...
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 ...
18.130.170 Capacity of license holder to practice -- Hearing -- Mental or physical examination -- Implied consent
(1) If the disciplining authority believes a license holder may be unable to practice with reasonable skill and safety to consumers by reason of any ...
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 authority may furnish a statement of allegations to the licensee ...
18.130.175 Voluntary substance abuse monitoring programs
(1) In lieu of disciplinary action under RCW 18.130.160 and if the disciplining authority determines that the unprofessional conduct may be the result of substance ...
18.130.180 Unprofessional conduct
The following conduct, acts, or conditions constitute unprofessional conduct for any license holder under the jurisdiction of this chapter: (1) The commission of any act ...
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 ...
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 authority may ...
18.130.190 Practice without license -- Investigation of complaints -- Cease and desist orders -- Injunctions -- Penalties
(1) The secretary shall investigate complaints concerning practice by unlicensed persons of a profession or business for which a license is required by the chapters ...
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 ...
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 ...
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 ...
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 ...
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 ...
18.130.270 Continuing competency pilot projects
The disciplinary authorities are authorized to develop and require licensees' participation in continuing competency pilot projects for the purpose of developing flexible, cost-efficient, effective, and ...
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, ...
18.130.310 Annual report -- Contents -- Format
(1) Subject to RCW 40.07.040, the disciplinary authority shall submit an annual report to the legislature on its proceedings during the year, detailing the number ...
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 ...
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 ...
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 ...
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 ...
18.130.380 Budget request -- Specification of employees designated as investigators and attorneys -- Development of formula -- Joint legislative audit and review committee report
(1) When developing its biennial budget request for appropriation of the health professions account created in RCW 43.70.320, beginning in the 2007-2009 budget and continuing ...
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 ...
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 ...
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 ...

Last modified: April 7, 2009