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Ordinance 23-009 massage business CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.23-009 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING SECTION 8.20.110 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO THE REGULATION OF MASSAGE AND REFLEXOLOGY BUSINESSES,AND OTHER MATTERS RELATED THERETO. WHEREAS, state law requires massage practitioners and reflexologists to obtain licenses and certifications after meeting education and training prerequisites; and WHEREAS, state law makes it unlawful to practice massage therapy and reflexology without the proper credentials; and WHEREAS, many citizens utilize licensed massage practitioners and reflexologists to promote and maintain their health and wellbeing; and WHEREAS, the businesses that employ properly licensed and certified individuals provide an important service to the community; and WHEREAS, law enforcement personnel have commented that the lack of license and certificate verification of massage practitioners and reflexologists has led to increases in the unlawful practice of massage therapy and reflexology; and WHEREAS, the unlawful practice of massage therapy and reflexology has increased the prevalence of instances of prostitution, and human trafficking; and WHEREAS, unlicensed massage practitioners, uncertified reflexologists, and businesses employing the same,pose a threat to the public health,safety and welfare of the citizens of Spokane Valley. NOW THEREFORE the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Purpose. The City of Spokane Valley welcomes legitimate massage and reflexology businesses for their health and wellness benefits. The City also understands that some massage or reflexology businesses employ unlicensed persons to provide massage and uncertified persons to provide reflexology. This is not only a violation of law, but also a threat to the public health, safety, and welfare of the citizens of Spokane Valley.There have been accounts of criminal acts, including prostitution and human trafficking, within businesses that employ unlicensed and uncertified massage and reflexology practitioners. The purpose of this ordinance is to prohibit individuals or businesses from engaging in unlicensed massage and reflexology services, and to provide additional tools for enforcement. Section 2. New section. SVMC 8.20.110 is adopted as follows: A. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference: 18.108.010 Definitions. 18.108.030 Licensure or certification required. 18.108.035 Unlicensed practice—Penalties. 18.108.040 Advertising—Use of Title. Ordinance 23-009 Massage Business Regulations Page I of 3 18.108.045 Display of license or certification—Availability of photo identification. 18.108.050 Exemptions. 18.130.020(9) Definitions; "License," "licensing," and"licensure" 18.130.020(13) Definitions; "Unlicensed practice" 18.130.040 Application to certain profession Authority of secretary—Grant or denial of licenses— Procedural rules. 18.130.190 Practice without license—Investigation of complaints—Cease and desist orders— Injunctions--Penalties 18.130.200 Fraud or misrepresentation in obtaining or maintaining a license—Penalty B. Law enforcement personnel shall have the authority to inspect the premises of any massage business or reflexology business to ensure: 1. Compliance with the requirement that credentials are conspicuously displayed or available for inspection upon request; 2. That those providing massage or reflexology services are validly licensed and of proper age; and 3. Compliance with the advertising requirements of RCW 18.108.040. C. Inspections pursuant to SVMC 8.20.110(B) shall be limited to: 1. Times when the massage or reflexology business is open; and 2. The common areas of the massage or reflexology business. D.Nothing herein shall authorize entry or inspection of rooms in which massage or reflexology is provided and which are separated from the common area of the massage business or reflexology business absent consent, a warrant, or other lawful basis. E.Nothing herein shall be interpreted as limiting the use by law enforcement of any lawful investigatory techniques. F. Citation by law enforcement pursuant to any provision of 8.20.110 SVMC shall be a valid basis for a determination to deny, suspend, or revoke a business license in accordance with chapter 5.05 SVMC. G.Additional remedies. The remedies provided herein for violations or noncompliance with the provisions of this section, whether civil or criminal, are cumulative and in addition to any other remedy provided by law. The remedies are not exclusive, and the City may seek any other legal or equitable relief. Section 3. Severability. If any section, sentence, clause, or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 4. Effective Date. This Ordinance shall become effective five days after publication of the ordinance, or a summary thereof, in the official newspaper of the City. Ordinance 23-009 Massage Business Regulations Page 2 of 3 Adopted this 9'1i day of May, 2023. ATTEST: CITY OF SPOKANE VALLEY QW'e.-- OA- •istine Bainbridge, i Clerk Pam Haley,Mayor Approved as to Form: flee of the City Attorney Date of Publication: 6 —1 Cad 3 Effective Date: p2 dc)3 Ordinance 23-009 Massage Business Regulations Page 3 of 3 RCW 18 . 108 . 010 Definitions . In this chapter, unless the context otherwise requires, the following meanings shall apply: (1) "Animal massage therapist" means an individual with a license to practice massage therapy in this state with additional training in animal therapy. (2) "Board" means the Washington state board of massage . (3) "Certified reflexologist" means an individual who is certified under this chapter. (4 ) "Health carrier" means the same as the definition in RCW 48 . 43. 005 . (5) "Intraoral massage" means the manipulation or pressure of soft tissue inside the mouth or oral cavity for therapeutic purposes . (6) "Massage" and "massage therapy" mean a health care service involving the external manipulation or pressure of soft tissue for therapeutic purposes . Massage therapy includes techniques such as tapping, compressions, friction, reflexology, Swedish gymnastics or movements, gliding, kneading, shaking, and fascial or connective tissue stretching, with or without the aids of superficial heat, cold, water, lubricants, or salts . Massage therapy does not include diagnosis or attempts to adjust or manipulate any articulations of the body or spine or mobilization of these articulations by the use of a thrusting force, nor does it include genital manipulation. (7) "Massage business" means the operation of a business where massages are given. (8) "Massage therapist" means an individual licensed under this chapter. (9) "Reflexology" means a health care service that is limited to applying alternating pressure with thumb and finger techniques to reflexive areas of the lower one-third of the extremities, feet, hands, and outer ears based on reflex maps . Reflexology does not include the diagnosis of or treatment for specific diseases, or joint manipulations . (10) "Reflexology business" means the operation of a business where reflexology services are provided. (11) "Secretary" means the secretary of health or the secretary's designee. [2016 c 41 § 1 . Prior: 2012 c 137 § 3; 2007 c 272 § 1; 2002 c 277 § 1; 2001 c 297 § 2; 1997 c 297 § 2; 1991 c 3 § 252; 1987 c 443 § 2; 1979 c 158 § 74; 1975 1st ex. s . c 280 § 1 . ] Effective date-2016 c 41: "This act takes effect July 1, 2017 , " [2016 c 41 § 28 . ] Finding—Purpose—Rules—Effective date-2012 c 137 : See notes following RCW 18 . 108 . 005 . Findings--Intent-2001 c 297 : "The legislature finds that massage therapists have contributed significantly to the welfare of humans . The legislature also finds that massage therapists can have a significant positive impact on the well-being of animals, especially in the equine industry. It is the legislature' s intent to have the Washington state board of massage adopt rules under their current authority providing for an endorsement for currently licensed massage practitioners to perform animal massage upon completion of certain training courses . " [2001 c 297 § 1 . ] RCW (10/5/2022 9: 12 AM) [ 1 RCW 18 .108 . 030 Licensure or certification required. (1) (a) No person may practice or represent himself or herself as a massage therapist without first applying for and receiving from the department a license to practice. However, this subsection does not prohibit a certified reflexologist from practicing reflexology. (b) A person represents himself or herself as a massage therapist when the person adopts or uses any title or any description of services that incorporates one or more of the following terms or designations : Massage, massage practitioner, massage therapist, massage therapy, therapeutic massage, massage technician, massage technology, massagist, masseur, masseuse, myotherapist or myotherapy, touch therapist, reflexologist except when used by a certified reflexologist, acupressurist, body therapy or body therapist, or any derivation of those terms that implies a massage technique or method. (2) (a) No person may practice reflexology or represent himself or herself as a reflexologist by use of any title without first being certified as a reflexologist or licensed as a massage therapist by the department . (b) A person represents himself or herself as a reflexologist when the person adopts or uses any title in any description of services that incorporates one or more of the following terms or designations : Reflexologist, reflexology, foot pressure therapy, foot reflex therapy, or any derivation of those terms that implies a reflexology technique or method. However, this subsection does not prohibit a licensed massage therapist from using any of these terms as a description of services . (c) A person may not use the term "certified reflexologist" without first being certified by the department. [2016 c 41 § 3; 2012 c 137 § 5; 1995 c 198 § 15; 1987 c 443 § 3; 1975 1st ex. s . c 280 § 3 . ] Effective date-2016 c 41: See note following RCW 18 . 108 . 010 . Finding—Purpose—Rules—Effective date-2012 c 137 : See notes following RCW 18 . 108 . 005 . RCW (10/5/2022 9: 12 AM) [ 1 RCW 18 . 108 . 035 Unlicensed practice—Penalties . The following penalties must be imposed upon an owner of a massage business or reflexology business where the unlicensed practice of massage therapy or reflexology has been committed: (1) Any person who with knowledge or criminal negligence allows or permits the unlicensed practice of massage therapy or reflexology to be committed within his or her massage business or reflexology business by another is guilty of a misdemeanor for a single violation. (2) Each subsequent violation, whether alleged in the same or in subsequent prosecutions, is a gross misdemeanor punishable according to chapter 9A. 20 RCW. [2015 c 18 § 1 . ] RCW (10/5/2022 9: 12 AM) [ 1 ] RCW 18 . 108 . 040 Advertising—Use of title. (1) (a) It shall be unlawful to advertise the practice of massage using the term massage or any other term that implies a massage technique or method in any public or private publication of communication by a person not licensed by the secretary as a massage therapist . However, this subsection does not prohibit a certified reflexologist from using the term reflexology or derivations of the term, subject to subsection (2) (b) of this section. (b) Any person who holds a license to practice as a massage therapist in this state may use the title "licensed massage therapist" and the abbreviation "L.M. T . " No other persons may assume such title or use such abbreviation or any other word, letters, signs, or figures to indicate that the person using the title is a licensed massage therapist . (c) A massage therapist' s name and license number must conspicuously appear on all of the massage therapist' s advertisements . (2) (a) It is unlawful to advertise the practice of reflexology or use any other term that implies reflexology technique or method in any public or private publication or communication by a person not certified by the secretary as a reflexologist or licensed as a massage therapist. (b) A person certified as a reflexologist may not adopt or use any title or description of services, including for purposes of advertising, that incorporates one or more of the following terms or designations : Massage, masseuse, massager, massagist, masseur, myotherapist or myotherapy, touch therapist, body therapy or therapist, or any derivation of those terms that implies a massage technique or therapy unless the person is also licensed under this chapter as a massage therapist. (c) A reflexologist ' s name and certification number must conspicuously appear on all of the reflexologist' s advertisements. [2016 c 41 § 4; 2012 c 137 § 6; 2011 c 223 § 1; 1995 c 353 § 1; 1991 c 3 § 255; 1987 c 443 § 4; 1975 1st ex. s. c 280 § 4 , ] Effective date-2016 c 41 : See note following RCW 18 . 108 . 010 . Finding—Purpose—Rules—Effective date-2012 c 137 : See notes following RCW 18 . 108 . 005 . RCW (10/5/2022 9 : 12 AM) G 1 RCW 18 . 108 . 045 Display of license or certification—Availability of photo identification. (1) A massage therapist licensed under this chapter or a reflexologist certified under this chapter must conspicuously display his or her credential in his or her principal place of business . If the licensed massage therapist or certified reflexologist does not have a principal place of business or conducts business in any other location, he or she. must have a copy of his or her credential available for inspection while performing services within his or her authorized scope of practice. (2) A massage therapist licensed under this chapter or a reflexologist certified under this chapter must have government-issued photo identification on his or her person or have it be available for inspection by city, county, or state law enforcement or department personnel at all times he or she practices massage therapy or reflexology. The name of the massage therapist or reflexologist on the government-issued photo identification must match the name on the massage therapy license or reflexology certification. [2020 c 295 § 1; 2016 c 41 § 5; 2012 c 137 § 7; 2011 c 223 § 2 . ] Effective date-2016 c 41: See note following RCW 18 . 108 . 010 . • Finding—Purpose—Rules—Effective date-2012 c 137 : See notes following RCW 18 . 108 . 005 . RCW (10/5/2022 9: 12 AM) [ 1 1 RCW 18 . 108 . 050 Exemptions . This chapter does not apply to: (1) An individual giving massage or reflexology to members of his or her immediate family; (2) The practice of a profession by individuals who are licensed, certified, or registered under other laws of this state and who are performing services within their authorized scope of practice; (3) Massage or reflexology practiced at the athletic department of: (a) Any institution maintained by the public funds of the state, or any of its political subdivisions; (b) Any primary or secondary school or institution of higher education; (c) Any school or college approved by the department of health by rule using recognized national professional standards; or (d) Any nonprofit organization licensed under RCW 66. 24 . 400 and 66. 24 . 450; (4) Students enrolled in an approved massage school, approved program, or approved apprenticeship program, practicing massage techniques, incidental to the massage school or program and supervised by the approved school or program. Students must identify themselves as a student when performing massage services on members of the public. Students may not be compensated for the massage services they provide; (5) Students enrolled in an approved reflexology school, approved program, or approved apprenticeship program, practicing reflexology techniques, incidental to the reflexologist school or program and supervised by the approved school or program. Students must identify themselves as a student when performing reflexology services on members of the public. Students may not be compensated for the reflexology services they provide; or ( 6) (a) Individuals who have completed a somatic education training program approved by the secretary. (b) For purposes of this subsection ( 6) , "somatic education" means : Using minimal touch, words, and directed movement to deepen awareness of existing patterns of movement and suggest new possibilities of movement; and using minimal touch over specific points of the body to facilitate balance in the nervous system. It includes : (i) Any somatic education training program approved by the secretary as of July 23, 2017; (ii) the practice of ortho-bionomy; and (iii) the Feldenkrais method of somatic education. [2017 c 77 § 1; 2012 c 137 § 8; 2002 c 277 § 2; 1997 c 297 § 3; 1995 c 198 § 16; 1987 c 443 § 5; 1975 1st ex. s . c 280 § 5 . 1 Finding—Purpose—Rules—Effective date-2012 c 137 : See notes following RCW 18 . 108 . 005 . RCW (10/5/2022 9: 12 AM) [ 1 1 RCW 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 . 040 . (2) "Clinical expertise" means the proficiency or judgment that a license holder in a particular profession acquires through clinical experience or clinical practice and that is not possessed by a lay person. (3) "Commission" means any of the commissions specified in ROW 18 . 130 . 040 . (4) (a) "Conversion therapy" means a regime that seeks to change an individual' s sexual orientation or gender identity.: The term includes efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex. The term includes, but is not limited to, practices commonly referred to as "reparative therapy. " (b) "Conversion therapy" does not include counseling or psychotherapies that provide acceptance, support, and understanding of clients or the facilitation of clients ' coping, social support, and identity exploration and development that do not seek to change sexual orientation or gender identity. (5) "Department" means the department of health. (6) "Disciplinary action" means sanctions identified in ROW 18 . 130 . 160 . (7) "Disciplining authority" means the agency, board, or commission having the authority to take disciplinary action against a holder of, or applicant for, a. professional or business license upon a finding of a violation of this chapter or a chapter specified under ROW 18 . 130 . 040 . (8) "Health agency" means city and county health departments and the department of health. (9) "License, " "licensing, " and "licensure" shall be deemed equivalent to the terms "license, " "licensing, " "licensure, " "certificate, " "certification, " and "registration" as those terms are defined in ROW 18 . 120 . 020 . (10) "Practice review" means an investigative audit of records related to the complaint, without prior identification of specific patient or consumer names, or an assessment of the conditions, circumstances, and methods of the professional ' s practice related to the complaint, to determine whether unprofessional conduct may have been committed. (11) "Secretary" means the secretary of health or the secretary' s designee. (12) "Standards of practice" means the care, skill, and learning associated with the practice of a profession. (13) "Unlicensed practice" means : (a) Practicing a profession or operating a business identified in RCW 18 . 130 . 040 without holding a valid, unexpired, unrevoked, and unsuspended license to do so; or (b) Representing to a consumer, through offerings, advertisements, or use of a professional title or designation, that the individual is qualified to practice a profession or operate a business identified in ROW 18 . 130 . 040, without holding a valid, unexpired, unrevoked, and unsuspended license to do so. [2018 c 300 § 3; 2008 c 134 § 2; 1995 c 336 § 1; 1994 sp. s . c 9 § 602; 1989 1st ex. s . c 9 § 312; 1986 c 259 § 2; 1984 c 279 § 2 . ] RCW (10/5/2022 9: 13 AM) [ 1 ] Intent Finding—Construction-2018 c 300: See notes following RCW 18 . 130 . 180 . Alphabetization-2008 c 134 § 2 : "The code reviser is directed to put the defined terms in RCW 18 . 130 . 020 in alphabetical order. " [2008 c 134 § 39 . ] Finding—Intent-2008 c 134 : "From statehood, Washington has constitutionally provided for the regulation of the practice of medicine and the sale of drugs and medicines . This constitutional recognition of the importance of regulating health care practitioners derives not from providers ' financial interest in their license, but from the greater need to protect the public health and safety by assuring that the health care providers and medicines that society relies upon meet certain standards of quality. The legislature finds that the issuance of a license to practice as a health care provider should be a means to promote quality and not be a means to provide financial benefit for providers . Statutory and administrative requirements provide sufficient due process protections to prevent the unwarranted revocation of a health care provider' s license. While those due process protections must be maintained, there is an urgent need to return to the original constitutional mandate that patients be ensured quality from their health care providers . The. legislature has recognized and medical malpractice reforms have recognized the importance of quality and patient safety through such measures as a new adverse events reporting system. Reforms to the health care provider licensing system is another step toward improving quality in health care. Therefore, the legislature intends to increase the authority of those engaged in the regulation of health care providers to swiftly identify and remove health care providers who pose a risk to the public. " [2008 c 134 '5 1 . ] Severability-2008 c 134: "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. " [2008 c 134 § 38 . ] Severability—Headings and captions not law—Effective date-1994 sp. s . c 9: See RCW 18 . 79. 900 through 18 . 79. 902 . Effective date—Severability-1989 1st ex. s . c 9 : See RCW 43 . 70 . 910 and 43 . 70 . 920 . Severability-1986 c 259 : See note following RCW 18 . 130 . 010 . RCW (10/5/2022 9: 13 AM) [ 2 ] RCW 18 . 130. 040 Application to certain professions—Authority of secretary—Grant or denial of licenses—Procedural rules. (Effective until October 1, 2023.) (1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section. (2) (a) The secretary has authority under this chapter in relation to the following professions : (i) Dispensing opticians licensed and designated apprentices under chapter 18 . 34 RCW; (ii) Midwives licensed under chapter 18 . 50 ROW; (iii) Ocularists licensed under chapter 18 . 55 RCW; (iv) Massage therapists and businesses licensed under chapter 18 . 108 ROW; (v) Dental hygienists licensed under chapter 18 .29 ROW; (vi) Acupuncturists or acupuncture and Eastern medicine practitioners licensed under chapter 18 . 06 RCW; (vii) Radiologic technologists certified and X-ray technicians registered under chapter 18 . 84 RCW; (viii) Respiratory care practitioners licensed under chapter 18 . 89 RCW; (ix) Hypnotherapists and agency affiliated counselors registered and advisors and counselors certified under chapter 18 . 19 RCW; (x) Persons licensed as mental health counselors, mental health counselor associates, marriage and family therapists, marriage and family therapist associates, social workers, social work associates-- advanced, and social work associates—independent clinical under chapter 18 . 225 RCW; (xi) Persons registered as nursing pool operators under chapter 18 . 52C RCW; (xii) Nursing assistants registered or certified or medication assistants endorsed under chapter 18 . 88A RCW; (xiii) Dietitians and nutritionists certified under chapter 18 .138 ROW; (xiv) Substance use disorder professionals, substance use disorder professional trainees, or co-occurring disorder specialists certified under chapter 18 . 205 ROW; (xv) Sex offender treatment providers and certified affiliate sex offender treatment providers certified under chapter 18 . 155 ROW; (xvi) Persons licensed and certified under chapter 18 . 73 RCW or RCW 18 . 71 . 205; (xvii) Orthot.ists and prosthetists licensed under chapter 18 . 200 ROW; (xviii) Surgical technologists registered under chapter 18 . 215 RCW; (xix) Recreational therapists under chapter 18 . 230 RCW; (xx) Animal massage therapists certified under chapter 18 . 240 RCW; (xxi) Athletic trainers licensed under chapter 18 . 250 RCW; (xxii) Home care aides certified under chapter 18 . 88B RCW; (xxiii) Genetic counselors licensed under chapter 18 . 290 RCW; (xxiv) Reflexologists certified under chapter 18 . 108 ROW; (xxv) Medical assistants-certified, medical assistants- hemodialysis technician, medical assistants-phlebotomist, forensic RCW (10/5/2022 9: 13 AM) [ 1 ) phlebotomist, and medical assistants-registered certified and registered under chapter 18 . 360 RCW; and (xxvi) Behavior analysts, assistant behavior analysts, and behavior technicians under chapter 18 . 380 RCW. (b) The boards and commissions having authority under this chapter are as follows : (i) The podiatric medical board as established in chapter 18 . 22 RCW; (ii) The chiropractic quality assurance commission as established in chapter 18 . 25 RCW; (iii) The dental quality assurance commission as established in chapter 18 . 32 RCW governing licenses issued under chapter 18 . 32 ROW, licenses and registrations issued under chapter 18 . 260 ROW, and certifications issued under chapter 18 . 350 RCW; (iv) The board of hearing and speech as established in chapter 18 . 35 RCW; . (v) The board of examiners for nursing home administrators as established in chapter 18 . 52 ROW; (vi) The optometry board as established in chapter 18 . 54 ROW governing licenses issued under chapter 18 . 53 ROW; (vii) The board of osteopathic medicine and surgery as established in chapter 18 . 57 RCW governing licenses issued under chapter 18 . 57 RCW; (viii) The pharmacy quality assurance commission as established in chapter 18 . 64 RCW governing licenses issued under chapters 18 . 64 and 18 . 64A RCW; (ix) The Washington medical commission as established in chapter 18 . 71 RCW governing licenses and registrations issued under chapters 18 . 71 and 18 . 71A RCW; (x) The board of physical therapy as established in chapter 18 . 74 ROW; (xi) The board of occupational therapy practice as established in chapter 18 . 59 ROW; (xii) The nursing care quality assurance commission as • established in chapter 18 . 79 RCW governing licenses and registrations issued under that chapter; (xiii) The examining board of psychology and its disciplinary committee as established in chapter 18 . 83 ROW; (xiv) The veterinary board of governors as established in chapter 18 . 92 RCW; (xv) The board of naturopathy established in chapter 18 . 36A ROW, governing licenses and certifications issued under that chapter; and (xvi) The board of denturists established in chapter 18 . 30 RCW. (3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses . The disciplining authority may also grant a license subject to conditions . (4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the uniform disciplinary act, among the disciplining authorities listed in • subsection (2) of this section. [2021 c 179 § 7; 2020 c 80 § 23 . Prior: 2019 c 444 § 11; 2019 c 308 § 18; 2019 c 55 § 7; 2017 c 336 § 18; 2016 c 41 § 18; 2015 c 118 § 13; prior: 2013 c 171 § 8; 2013 c 19 § 45; prior: 2012 c 208 § 10; 2012 c 153 § 17; 2012 c 153 § 16; 2012 c 137 § 19; 2012 c 23 § 6; 2011 c 41 § 11; prior: 2010 c 286 § 18; (2010 c 286 § 17 expired August 1, 2010) ; (2010 c 286 § 16 expired July 1, 2010) ; 2010 c 65 § 3; (2010 c 65 § 2 expired August 1, 2010) ; (2010 c ROW (10/5/2022 9 : 13 AM) [ 2 ] 65 § 1 expired July 1, 2010) ; prior: 2009 c 302 § 14; 2009 c 301 § 8; 2009 c 52 § 2; 2009 c 52 § 1; 2009 c 2 § 16 (Initiative Measure No. 1029, approved November 4, 2008) ; 2008 c 134 § 18; (2008 c 134 § 17 expired July 1, 2008) ; prior: 2007 c 269 § 17; 2007 c 253 § 13; 2007 c 70 § 11; 2004 c 38 § 2; prior: 2003 c 275 § 2; 2003 c 258 § 7; prior: 2002 c 223 § 6; 2002 c 216 § 11; 2001 c 251 § 27; 1999 c 335 § 10; 1998 c 243 § 16; prior: 1997 c 392 § 516; 1997 c 334 § 14; 1997 c 285 § 13; 1997 c 275 § 2; prior: 1996 c 200 § 32; 1996 c 81 § 5; prior: 1995 c 336 § 2; 1995 c 323 § 16; 1995 c 260 § 11; 1995 c 1 § 19 (Initiative Measure No. 607, approved November 8, 1994) ; prior: 1994 sp. s . c 9 § 603; 1994 c 17 § 19; 1993 c 367 § 4; 1992 c 128 § 6; 1990 c 3 § 810; prior: 1988 c 277 § 13; 1988 c 267 § 22; 1988 c 243 § 7; prior: 1987 c 512 § 22; 1987 c 447 § 18; 1987 c 415 § 17; 1987 c 412 § 15; 1987 c 150 § 1; prior: 1986 c 259 § 3; 1985 c 326 § 29; 1984 c 279 § 4 . ] Effective date-2021 c 179 § 7 : "Section 7 of this act takes effect July 1, 2022 . " [2021 c 179 § 9. ] Effective date-2020 c 80 §§ 12--59: See note following RCW 7 . 68 . 030 . Intent-2020 c 80: See note following RCW 18 . 71A. 010 . Findings-2019 c 308 : See note following RCW 18 . 06. 010 . Effective date-2017 c 336 §§ 18 and 19: "Sections 18 and 19 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2017 . " [2017 c 336 § 20 . ] Finding-2017 c 336: See note following RCW 9 . 96 . 060 . Effective date-2016 c 41: See note following RCW 18 . 108 . 010 . Effective date-2015 c 118 : See note following ROW 18 . 380 . 010 . Effective date-2013 c 171 § 8: "Section 8 of this act takes effect July 1, 2016 . " [2013 c 171 § 10 . ] Effective date-2013 c 19 § 45: "Section 45 of this act takes effect July 1, 2016. " [2013 c 19 § 129 . ] Effective date-2012 c 208 §§ 2-10 : See note following ROW 18 . 88A. 020 . Findings—Rules-2012 c 208: See notes following ROW 18 . 88A. 082 . Effective date-2012 c 153 §§ 15 and 17 : See note following RCW 18 . 360 . 005 . Rules--2012 c 153 : See note following ROW 18 . 360 . 005 . ROW (10/5/2022 9: 13 AM) [ 3 Finding—Purpose—Rules—Effective date-2012 c 137 : See notes following RCW 18 . 108 . 005 . Effective date-2010 c 286 § 18: "Section 18 of this act takes effect August 1, 2010 . " [2010 c 286 § 22 . ] Expiration date-2010 c 286 § 17 : "Section 17 of this act expires August 1, 2010 . " [2010 c 286 § 21. ] Effective date-2010 c 286 § 17 : "Section 17 of this act takes effect July 1, 2010 . " [2010 c 286 § 20 . ] Expiration date-2010 c 286 § 16: "Section 16 of this act expires July 1, 2010 . " [2010 c 286 § 19. ] Intent-2010 c 286: See RCW 18 . 06. 005. Effective date-2010 c 65 § 3 : "Section 3 of this act takes effect August 1, 2010 . " [2010 c 65 § 9. ] Expiration date-2010 c 65 § 2 : "Section 2 of this act expires August 1, 2010 . " [2010 c 65 § 8 . ] Effective date--2010 c 65 § 2 : "Section 2 of this act takes effect July 1, 2010 . " [2010 c 65 § 7 . ] Expiration date-2010 c 65 § 1: "Section 1 of this act expires July 1, 2010 . " [2010 c 65 § 6. 1 Effective date—Implementation--2009 a 302 : See RCW 18 . 290 . 900 and 18 . 290 . 901 . Intent—Implementation-2009 c 301 : See notes following RCW 18 . 35. 010 . Speech-language pathology assistants—Certification requirements- 2009 c 301: See note following RCW 18 . 35 . 040 . Effective date-2009 c 52 § 1: "Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2009 . " [2009 c 52 § 3 . ] Effective date-2009 c 52 § 2 : "Section 2 of this act takes effect July 1, 2010. " [2009 c 52 § 4 . ] Contingent effective date-2009 c 2 (Initiative Measure No. 1029) § 16: "Section 16 of this act takes effect if section 18, chapter 134, Laws of 2008 is signed into law by April 6, 2008 . " [2009 c 2 § 24 (Initiative Measure No. 1029, approved November 4, 2008) . ] Intent—Findings—Construction—Short title-2009 c 2 (Initiative Measure No . 1029) : See notes following RCW 18 . 88B. 050 . RCW (10/5/2022 9: 13 AM) [ 4 1 Effective date-2008 c 134 § 18 : "Section 18 of this act takes effect July 1, 2008 . " [2008 c 134 § 37 . ] Expiration date-2008 c 134 § 17 : "Section 17 of this act expires July 1, 2008 . " [2008 c 134 § 36 . ] Finding—Intent—Severability-2008 c 134 : See notes following ROW 18 . 130 . 020 . Application—Implementation-2007 c 269: See RCW 18 . 260 . 900 and 18 . 260 . 901 . Effective date—Implementation-2007 c 253: See RCW 18 . 250 . 901 and 18 . 250 . 902 . Effective date-2004 c 38 : See note following RCW 18 . 155 . 075 . Effective date-2003 c 275 § 2 : "Section 2 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003 . " [2003 c 275 § 4 . 1 Severability—Effective date-2003 c 258 : See notes following ROW 18 . 79. 330 . Effective date-2002 c 216: See ROW 18 . 230 . 901 . Severability-2001 c 251 : See RCW 18 . 225 . 900 . Effective dates-1998 c 243 : See ROW 18 . 205. 900 . Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law-1997 c 392 : See notes following ROW 74 . 39A. 009 . Effective dates-1997 c 334 : See note following RCW 18 . 89. 010 . Intent—Purpose-1997 c 285 : See RCW 18 . 200 . 005 . Effective date-1996 c 81 : See note following ROW 70 . 128 . 120 . Effective date-1995 c 336 §§ 2 and 3 : "Sections 2 and 3 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 11, 1995] . " [1995 c 336 § 11 . ] Effective date-1995 c 260 §§ 7-11 : "Sections 7 through 11 of this act shall take effect July 1, 1996 . " [1995 1st sp. s . c 18 § 116; 1995 c 260 § 12 . ] Short title-1995 c 1 (Initiative Measure No. 607) : See RCW 18 . 30 . 900 . ROW (10/5/2022 9 : 13 AM) [ 5 ] Severability—Headings and captions not law—Effective date-1994 sp. s . c 9 : See ROW 18 . 79 . 900 through 18 . 79. 902 . Effective date-1987 c 412 : See RCW 18 . 84 . 901 . Severability-1987 c 150 : See RCW 18 . 122 . 901 . Severability-1986 c 259: See note following RCW 18 . 130. 010. RCW 18 . 130 . 040 Application to certain professions Authority of secretary—Grant or denial of licenses—Procedural rules. (Effective October 1, 2023. ) (1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section. (2) (a) The secretary has authority under this chapter in relation to the following professions : (i) Dispensing opticians licensed and designated apprentices under chapter 18 . 34 ROW; (ii) Midwives licensed under chapter 18 . 50 ROW; (iii) Ocularists licensed under chapter 18 . 55 ROW; (iv) Massage therapists and businesses licensed under chapter 18 . 108 RCW; (v) Dental hygienists licensed under chapter 18 . 29 RCW; (vi) Acupuncturists or acupuncture and Eastern medicine practitioners licensed under chapter 18 . 06 RCW; (vii) Radiologic technologists certified and X-ray technicians registered under chapter 18 . 84 RCW; (viii) Respiratory care practitioners licensed under chapter 18 . 89 ROW; (ix) Hypnotherapists and agency affiliated counselors registered and advisors and counselors certified under chapter 18 . 19 RCW; (x) Persons licensed as mental health counselors, mental health counselor associates, marriage and family therapists, marriage and family therapist associates, social workers, social work associates— advanced, and social work associates—independent clinical under chapter 18 . 225 RCW; (xi) Persons registered as nursing pool operators under chapter 18 . 52C RCW; (xii) Nursing assistants registered or certified or medication assistants endorsed under chapter 18 . 88A RCW; (xiii) Dietitians and nutritionists certified under chapter 18 . 138 RCW; (xiv) Substance use disorder professionals, substance use. disorder professional trainees, or co-occurring disorder specialists certified under chapter 18 . 205 RCW; (xv) Sex offender treatment providers and certified affiliate sex offender treatment providers certified under chapter 18 . 155 RCW; (xvi) Persons licensed and certified under chapter 18 . 73 RCW or RCW 18 . 71 . 205; (xvii) Orthotists and prosthetists licensed under chapter 18 . 200 RCW; (xviii) Surgical technologists registered under chapter 18 . 215 ROW; ROW (10/5/2022 9 : 13 AM) [ 6 ] (xix) Recreational therapists under chapter 18 . 230 RCW; (xx) Animal massage therapists certified under chapter 18 . 240 ROW; (xxi) Athletic trainers licensed under chapter 18 . 250 RCW; (xxii) Home care aides certified under chapter 18 . 88B RCW; (xxiii) Genetic counselors licensed under chapter 18 . 290 RCW; (xxiv) Reflexologists certified under chapter 18 . 108 RCW; (xxv) Medical assistants-certified, medical assistants- hemodialysis technician, medical assistants-phlebotomist, forensic phlebotomist, and medical assistants-registered certified and registered under chapter 18 . 360 RCW; (xxvi) Behavior analysts, assistant behavior analysts, and behavior technicians under chapter 18 . 380 RCW; and (xxvii) Birth doulas certified under chapter 18 . 47 RCW. (b) The boards and commissions having authority under this chapter are as follows : (i) The podiatric medical board as established in chapter 18 . 22 RCW; (ii) The chiropractic quality assurance commission as established in chapter 18 . 25 RCW; (iii) The dental quality assurance commission as established in chapter 18 . 32 ROW governing licenses issued under chapter 18 . 32 ROW, licenses and registrations issued under chapter 18 . 260 ROW, and certifications issued under chapter 18 . 350 RCW; (iv) The board of hearing and speech as established in chapter 18 . 35 RCW; (v) The board of examiners for nursing home administrators as established in chapter 18 . 52 RCW; (vi) The optometry board as established in chapter 18 . 54 RCW governing licenses issued under chapter 18 . 53 RCW; (vii) The board of osteopathic medicine and surgery as established in chapter 18. 57 RCW governing licenses issued under chapter 18 .5.7 RCN; (viii) The pharmacy quality assurance commission as established in chapter 18 . 64 RCW governing licenses issued under chapters 18 . 64 and 18 . 64A RCW; (ix) The Washington medical commission as established in chapter 18 . 71 RCW governing licenses and registrations issued under chapters 18 . 71 and 18 . 71A RCW; (x) The board of physical therapy as established in chapter 18 . 74 RCW; (xi) The board of occupational therapy practice as established in chapter 18 . 59 RCW; (xii) The nursing care quality assurance commission as established in chapter 18.. 79 RCW governing licenses and registrations issued under that chapter; (xiii) The examining board of psychology and its disciplinary committee as established in chapter 18 . 83 RCW; (xiv) The veterinary board of governors as established in chapter 18 . 92 RCW; (xv) The board of naturopathy established in chapter 18 . 36A RCW, governing licenses and certifications issued under that chapter; and (xvi) The board of denturists established in chapter 18 . 30 ROW. (3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses . The disciplining authority may also grant a license subject to conditions . RCW (10/5/2022 9 : 13 AM) [ 7 ] (4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the uniform disciplinary act, among the disciplining authorities listed in subsection (2) of this section. [2022 c 217 § 5; 2021 c 179 § 7; (2021 c 179 § 6 expired July 1, 2022) ; 2020 c 80 § 23 . Prior: 2019 c 444 § 11; 2019 c 308 § 18; 2019 c 55 § 7; 2017 c 336 § 18; 2016 c 41 § 18; 2015 c 118 § 13; prior: 2013 c 171 § 8; 2013 c 19 § 45; prior: 2012 c 208 § 10; 2012 c 153 § 17; 2012 c 153 § 16; 2012 c 137 § 19; 2012 c 23 § 6; 2011 c 41 § 11; prior: 2010 c 286 § 18; (2010 c 286 § 17 expired August 1, 2010) ; (2010 c 286 § 16 expired July 1, 2010) ; 2010 c 65 § 3; (2010 c 65 § 2 expired. August 1, 2010) ; (2010 c 65 § 1 expired July 1, 2010) ; prior: 2009 c 302 § 14; 2009 c 301 § 8; 2009 c 52 § 2; 2009 c 52 § 1; 2009 c 2 § 16 (Initiative Measure No. 1029, approved November 4, 2008) ; 2008 c 134 § 18; (2008 c 134 § 17 expired July 1, 2008) ; prior: 2007 c 269 § 17; 2007 c 253 § 13; 2007 c 70 § 11; 2004 c 38 § 2; prior: 2003 c 275 § 2; 2003 c 258 § 7; prior: 2002 c 223 § 6; 2002 c 216 § 11; 2001 c 251 § 27; 1999 c 335 § 10; 1998 c 243 § 16; prior: 1997 c 392 § 516; 1997 c 334 § 14; 1997 c 285 § 13; 1997 c 275 § 2; prior: 1996 c 200 § 32; 1996 c 81 § 5; prior: 1995 c 336 § 2; 1995 c 323 § 16; 1995 c 260 § 11; 1995 c 1 § 19 (Initiative Measure No. 607, approved November 8, 1994) ; prior: 1994 sp. s. c 9 § 603; 1994 c 17 § 19; 1993 c 367 § 4; 1992 c 128 § 6; 1990 c 3 § 810; prior: 1988 c 277 § 13; 1988 c 267 § 22; 1988 c 243 § 7; prior: 1987 c 512 § 22; 1987 c 447 § 18; 1987 c 415 § 17; 1987 c 412 § 15; 1987 c 150 § 1; prior: 1986 c 259 § 3; 1985 c 326 § 29; 1984 c 279 § 4 . 1 Effective date-2022 c 217 §§ 1-5 : See note following RCW 18 . 47 . 010 . Effective date-2021 c 179 § 7 : "Section 7 of this act takes effect July 1, 2022 . " [2021 c 179 § 9. ] Expiration date-2021 c 179 § 6: "Section 6 of this act expires July 1, 2022 . " [2021 c 179 § 8 . ] Effective date-2020 c 80 §§ 12-59 : See note following ROW 7 . 68 . 030 . Intent---2020 c 80 : See note following RCW 18 . 71A. 010 . Findings-2019 c 308 : See note following RCW 18 . 06 . 010 . Effective date-2017 c 336 §§ 18 and 19: "Sections 18 and 19 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2017 . " [2017 c 336 § 20 . ] Finding-2017 c 336: See note following RCW 9 . 96 . 060 . Effective date-2016 c 41 : See note following RCW 18 . 108 . 010 . Effective date-2015 c 118 : See note following RCW 18 . 380 . 010 . Effective date-2013 a 171 § 8 : "Section 8 of this act takes effect July 1, 2016. " [2013 c 171 § 10 . ] RCW (10/5/2022 9: 13 AM) [ 8 ] Effective date-2013 c 19 § 45 : "Section 45 of this act takes effect July 1, 2016. " [2013 c 19 § 129 . ] Effective date-2012 c 208 §§ 2-10 : See note following RCW 18 . 88A. 020 . Findings—Rules-2012 c 208 : See notes following RCW 18 . 88A. 082 . Effective date-2012 c 153 §§ 15 and 17 : See note following RCW 18 . 360 . 005 . Rules-2012 c 153: See note following RCW 18 . 360 . 005 . Finding—Purpose—Rules—Effective date-2012 c 137 : See notes following RCW 18 . 108 . 005 . Effective date-2010 c 286 § 18: "Section 18 of this act takes effect August 1, 2010 . " [2010 c 286 § 22 . ] Expiration date-2010 c 286 § 17 : "Section 17 of this act expires August 1, 2010 . " [2010 c 286 § 21 . ] Effective date-2010 c 286 § 17 : "Section 17 of this act takes effect July 1, 2010 . " [2010 c 286 § 20 . ] Expiration date-2010 c 286 § 16: "Section 16 of this act expires July 1, 2010 . " [2010 c 286 § 19. ] Intent-2010 c 286 : See RCW 18 . 06. 005 . Effective date-2010 c 65 § 3 : "Section 3 of this act takes effect August 1, 2010 . " [2010 c 65 § 9. ] Expiration date-2010 c 65 § 2 : "Section 2 of this act expires August 1, 2010 . " [2010 c 65 § 8 . ] Effective date-2010 c 65 § 2 : "Section 2 of this act takes effect July 1, 2010 . " [2010 c 65 § 7 . ] Expiration date-2010 c 65 § 1 : "Section 1 of this act expires July 1, 2010 . " [2010 c 65 § 6 . ] Effective date—Implementation-2009 c 302 : See RCW 18 . 290 . 900 and 18 . 290 . 901 . Intent—Implementation-2009 c 301 : See notes following RCW 18 . 35 . 010 . Speech-language pathology assistants—Certification requirements-- 2009 c 301 : See note following RCW 18 . 35 . 040 . Effective date-2009 c 52 § 1 : "Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2009 . " [2009 c 52 § 3 . ] ROW (10/5/2022 9 : 13 AM) [ 9 ] Effective date-2009 c 52 § 2 : "Section 2 of this act takes effect July 1, 2010 . " [2009 c 52 § 4 . ] Contingent effective date-2009 c 2 (Initiative Measure No. 1029) § 16: "Section 16 of this act takes effect if section 18, chapter 134, Laws of 2008 is signed into law by April 6, 2008 . " [2009 c 2 § 24 (Initiative Measure No. 1029, approved November 4, 2008) . ] Intent—Findings—Construction—Short title-2009 c 2 (Initiative Measure No. 1029) : See notes following RCW 18 . 88B. 050 . Effective date-2008 c 134 § 18 : "Section 18 of this act takes effect July 1, 2008 . " [2008 c 134 § 37 . ] Expiration date-2008 c 134 § 17 : "Section 17 of this act expires July 1, 2008 . " [2008 c 134 § 36 . ] Finding—Intent Severability-2008 c 134 : See notes following RCW 18 . 130 . 020 . Application—Implementation-2007 c 269: See RCW 18 . 260 . 900 and 18 . 260 . 901 . Effective date—Implementation---2007 c 253 : See RCW 18 . 250 . 901 and 18 . 250 . 902 . Effective date-2004 c 38 : See note following RCW 18 . 155 . 075 . Effective date-2003 c 275 § 2 : "Section 2 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003 . " [2003 c 275 § 4 . ] Severability—Effective date-2003 c 258 : See notes following RCW 18 . 79 . 330 . Effective date-2002 c 216: See ROW 18 . 230 . 901 . Severability-2001 c 251 : See RCW 18 . 225 . 900 . Effective dates-1998 c 243 : See RCW 18 . 205 . 900 . Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law-1997 c 392 : See notes following ROW 74 . 39A. 009 . Effective dates-1997 c 334 : See note following RCW 18 . 89. 010 . Intent—Purpose-1997 c 285 : See ROW 18 . 200 . 005 . Effective date-1996 c 81 : See note following ROW 70 . 128 . 120 . Effective date-1995 c 336 §§ 2 and 3 : "Sections 2 and 3 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing RCW (10/5/2022 9: 13 AM) [ 10 ] public institutions, and shall take effect immediately [May 11, 1995] . " [1995 c 336 § 11 . ] Effective date-1995 c 260 §§ 7-11 : "Sections 7 through 11 of this act shall take effect July 1, 1996. " [1995 1st sp. s . c 18 § 116; 1995 c 260 § 12 . ] Short title-1995 c 1 (Initiative Measure No. 607) : See RCW 18 . 30 . 900 . Severability—Headings and captions not law—Effective date-1994 sp. s. c 9: See RCW 18 . 79 . 900 through 18 . 79 . 902 . Effective date-1987 c 412 : See RCW 18 . 84 . 901 . Severability-1987 c 150 : See RCW 18 . 122 . 901 . Severability-1986 c 259 : See note following RCW 18 . 130 . 010 . RCW (10/5/2022 9: 13 AM) [ 11 ] RCW 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 specified in RCW 18 . 130 . 040 . In the investigation of the complaints, the secretary shall have the same authority as provided the secretary under ROW 18 . 130 . 050 . (2) The secretary may issue a notice of intention to issue a cease and desist order to any person whom the secretary has reason to believe is engaged in the unlicensed practice of a profession or business for which a license is required by the chapters specified in ROW 18 . 130. 040. The person to whom such notice is issued may request an adjudicative proceeding to contest the charges . The request for hearing must be filed within twenty days after service of the notice of intention to issue a cease and desist order. The failure to request a hearing constitutes a default, whereupon the secretary may enter a permanent cease and desist order, which may include a civil fine . All proceedings shall be conducted in accordance with chapter 34 . 05 RCW. (3) If the secretary makes a final determination that a person has engaged or is engaging in unlicensed practice, the secretary may issue a cease and desist order. In addition, the secretary may impose a civil fine in an amount not exceeding one thousand dollars for each day upon which the person engaged in unlicensed practice of a business or profession for which a license is required by one or more of the chapters specified in RCW 18 . 130 . 040 . The proceeds of such fines shall be deposited to the health professions account . (4) If the secretary makes a written finding of fact that the public interest will be irreparably harmed by delay in issuing an order, the secretary may issue a temporary cease and desist order. The person receiving a temporary cease and desist order shall be provided an opportunity for a prompt hearing . The temporary cease and desist order shall remain in effect until further order of the secretary. The failure to request a prompt or regularly scheduled hearing constitutes a default, whereupon the secretary may enter a permanent cease and desist order, which may include a civil fine. (5) Neither the issuance of a cease and desist order nor payment of a civil fine shall relieve the person so practicing or operating a business without a license from criminal prosecution therefor, but the remedy of a cease and desist order or civil fine shall be in addition to any criminal liability. The cease and desist order is conclusive proof of unlicensed practice and may be enforced under ROW 7 . 21 . 060 . This method of enforcement of the cease and desist order or civil fine may be used in addition to, or as an alternative to, any provisions for enforcement of agency orders set out in chapter 34 . 05 RCW. (6) The attorney general, a county prosecuting attorney, the secretary, a board, or any person may in accordance with the laws of this state governing injunctions, maintain an action in the name of this state to enjoin any person practicing a profession or business for which a license is required by the chapters specified in RCW 18 . 130 . 040 without a license from engaging in such practice or operating such business until the required license is secured. However, the injunction shall not relieve the person so practicing or operating a business without a license from criminal prosecution therefor, but the remedy by injunction shall be in addition to any criminal liability. RCW (10/5/2022 9: 13 AM) [ 1 ] (7) (a) Unlicensed practice of a profession or operating a business for which a license is required by the chapters specified in RCW 18 . 130 . 040, unless otherwise exempted by law, constitutes a gross misdemeanor for a single violation. (b) Each subsequent violation, whether alleged in the same or in subsequent prosecutions, is a class C felony punishable according to chapter 9A. 20 RCW. (8) All fees, fines, forfeitures, and penalties collected or assessed by a court because of a violation of this section shall be remitted to the health professions account. [2003 c 53 § 141; 2001 c 207 § 2 . Prior: 1995 c 285 § 35; 1993 c 367 § 19; 1991 c 3 § 271; prior: 1989 c 373 § 20; 1989 c 175 § 71; 1987 c 150 § 7; 1986 c 259 § 11; 1984 c 279 § 19. ] Intent—Effective date-2003 c 53: See notes following RCW 2 . 48 . 180 . Purpose-2001 c 207: "The purpose of this act is to respond to State v. Thommas, 103 Wn. App. 800, by reenacting and ranking, without changes, legislation relating to the crime of unlicensed practice of a profession or a business, enacted as section 35, chapter 285, Laws of 1995 . " [2001 c 207 § 1 . ] Effective date-2001 c 207 : "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 7, 2001] . " [2001 c 207 § 4 . ] Effective date-1995 c 285 : See RCW 48 . 30A. 900 . Effective date-1989 c 175 : See note following RCW 34 . 05 . 010 . Severability 1987 c 150 : See RCW 18 . 122 . 901 . Severability-1986 c 259 : See note following RCW 18 . 130 . 010 . RCW (10/5/2022 9: 13 AM) [ 2 ] 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 . ] Short title—Findings—Construction--Conflict with federal requirements—Part headings and captions not law-1997 c 392 : See notes following ROW 74 . 39A. 009 . Severability-1986 c 259 : See note following RCW 18 . 130 . 010 . ROW (10/5/2022 9 : 13 AM) [ 1 ]