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Chapter 18.108 RCW

MASSAGE PRACTITIONERS

RCW Sections

18.108.005Intent -- Health care insurance not affected.
18.108.010Definitions.
18.108.020Board of massage -- Generally.
18.108.025Board powers and duties.
18.108.030Licensure or certification required.
18.108.040Advertising--Use of title.
18.108.045Display of license or certification.
18.108.050Exemptions.
18.108.060Applicant -- License or certificate holder -- Compliance with procedures, requirements, fees.
18.108.070Qualifications for licensure or certification.
18.108.073Massage practitioner examination.
18.108.074Reflexology examination.
18.108.085Powers and duties of secretary -- Uniform Disciplinary Act -- License or certificate revocation -- Reinstatement.
18.108.095Out-of-state massage practitioner applicants.
18.108.115Persons licensed under prior law.
18.108.125Inactive credential -- Reinstatement.
18.108.131Exemptions -- Reflexology.
18.108.190Inspection of premises by law enforcement personnel.
18.108.195Inspection of premises by secretary.
18.108.210Authority of local political subdivisions.
18.108.220Federal classification.
18.108.230Animal massage practitioner -- Endorsement -- Training requirements -- Rules.
18.108.240Chapter 277, Laws of 2002 -- Review/regulatory changes.
18.108.250Intraoral massage -- Endorsement.
18.108.900Severability -- 1975 1st ex.s. c 280.
18.108.901Severability -- 1987 c 443.
18.108.902Savings -- 1987 c 443.

Notes:

Authority to regulate massage practitioners -- Limitations: RCW 35.21.692, 35A.82.025, and 36.32.122.


18.108.005
Intent — Health care insurance not affected.

(1) The legislature finds it necessary to license the practice of massage and massage therapy and certify persons practicing reflexology in order to protect the public health and safety. It is the legislature's intent that only individuals who meet and maintain minimum standards of competence and conduct may provide services to the public.

     (2) This chapter shall not be construed to:

     (a) Require individual or group policies or contracts of a health carrier to provide, or prohibit such policies or contracts from providing, benefits or coverage for services and supplies provided by a person licensed under this chapter; or

     (b) Require that a health carrier contract with a person certified under this chapter.

[2012 c 137 § 2; 1997 c 297 § 1; 1987 c 443 § 1.]

Notes:

     Finding -- Purpose -- 2012 c 137: "The legislature finds that protecting the public health and safety from the harms of human trafficking has become more difficult and complex, with severe consequences for the victims and the public. The purpose of this legislation is to provide additional tools so that the regulatory agency has authority to make reasonable inspections of the premises in which services subject to this chapter are being provided in order to determine whether the services are being provided in compliance with this chapter and to support state investigations of human trafficking and other illicit activity." [2012 c 137 § 1.]

     Rules -- 2012 c 137: "The department of health shall adopt any rules necessary to implement this act." [2012 c 137 § 21.]

     Effective date -- 2012 c 137: "Sections 1 through 19 of this act take effect July 1, 2013." [2012 c 137 § 22.]




18.108.010
Definitions.

In this chapter, unless the context otherwise requires, the following meanings shall apply:

     (1) "Animal massage practitioner" 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 practitioner" 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.

[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.]

Notes:

     Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).

     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.]




18.108.020
Board of massage — Generally.

The Washington state board of massage is hereby created. The board shall consist of four members who shall be appointed by the governor for a term of four years each. Members shall be residents of this state and shall have not less than three years experience in the practice of massage immediately preceding their appointment and shall be licensed under this chapter and actively engaged in the practice of massage during their incumbency.

     In addition to the members specified in this section, the governor shall appoint a consumer member of the board, who shall serve for a term of four years. The consumer member of the board shall be an individual who does not derive his or her livelihood by providing health care services or massage therapy and is not a licensed health professional. The consumer member shall not be an employee of the state nor a present or former member of another licensing board.

     In the event that a member cannot complete his or her term of office, another appointment shall be made by the governor in accordance with the procedures stated in this section to fill the remainder of the term. No member may serve more than two successive terms whether full or partial. The governor may remove any member of the board for neglect of duty, incompetence, or unprofessional or disorderly conduct as determined under chapter
18.130 RCW.

     Each member of the board shall be compensated in accordance with RCW 43.03.240. Members shall be reimbursed for travel expenses incurred in the actual performance of their duties, as provided in RCW 43.03.050 and 43.03.060.

     The board may annually elect a chairperson to direct the meetings of the board. The board shall meet as called by the chairperson or the secretary. Three members of the board shall constitute a quorum of the board.

[1991 c 3 § 253; 1987 c 443 § 9. Prior: 1984 c 287 § 53; 1984 c 279 § 56; 1975-'76 2nd ex.s. c 34 § 57; 1975 1st ex.s. c 280 § 2.]

Notes:

     Legislative findings -- Severability -- Effective date -- 1984 c 287: See notes following RCW 43.03.220.

     Severability -- 1984 c 279: See RCW 18.130.901.

     Effective date -- Severability -- 1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.




18.108.025
Board powers and duties.

(1) In addition to any other authority provided by law, the board of massage may:

     (a) Adopt rules in accordance with chapter
34.05 RCW necessary to implement massage practitioner licensure under this chapter, subject to the approval of the secretary;

     (b) Define, evaluate, approve, and designate those massage schools, massage programs, and massage apprenticeship programs including all current and proposed curriculum, faculty, and health, sanitation, and facility standards from which graduation will be accepted as proof of an applicant's eligibility to take the massage licensing examination;

     (c) Review approved massage schools and programs periodically;

     (d) Prepare, grade, administer, and supervise the grading and administration of, examinations for applicants for massage licensure;

     (e) Establish and administer requirements for continuing education, which shall be a prerequisite to renewing a massage practitioner license under this chapter; and

     (f) Determine which states have educational and licensing requirements for massage practitioners equivalent to those of this state.

     (2) The board shall establish by rule the standards and procedures for approving courses of study in massage therapy and may contract with individuals or organizations having expertise in the profession or in education to assist in evaluating courses of study. The standards and procedures set shall apply equally to schools and training within the United States of America and those in foreign jurisdictions.

[2012 c 137 § 4; 2008 c 25 § 1; 1991 c 3 § 254; 1987 c 443 § 10.]

Notes:

     Finding -- Purpose -- Rules -- Effective date -- 2012 c 137: See notes following RCW 18.108.005.

     Effective date -- 2008 c 25: "This act takes effect July 1, 2009." [2008 c 25 § 3.]




18.108.030
Licensure or certification required.

(1)(a) No person may practice or represent himself or herself as a massage practitioner 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 practitioner 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 practitioner 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 practitioner 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.

[2012 c 137 § 5; 1995 c 198 § 15; 1987 c 443 § 3; 1975 1st ex.s. c 280 § 3.]

Notes:

     Finding -- Purpose -- Rules -- Effective date -- 2012 c 137: See notes following RCW 18.108.005.




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 or communication by a person not licensed by the secretary as a massage practitioner. 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 practitioner in this state may use the title "licensed massage practitioner" and the abbreviation "L.M.P.". 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 practitioner.

     (c) A massage practitioner's name and license number must conspicuously appear on all of the massage practitioner'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 practitioner.

     (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 practitioner.

     (c) A reflexologist's name and certification number must conspicuously appear on all of the reflexologist's advertisements.

[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.]

Notes:

     Finding -- Purpose -- Rules -- Effective date -- 2012 c 137: See notes following RCW 18.108.005.




18.108.045
Display of license or certification.

A massage practitioner 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 practitioner 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.

[2012 c 137 § 7; 2011 c 223 § 2.]

Notes:

     Finding -- Purpose -- Rules -- Effective date -- 2012 c 137: See notes following RCW 18.108.005.




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) Individuals who have completed a somatic education training program approved by the secretary.

[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.]

Notes:

     Finding -- Purpose -- Rules -- Effective date -- 2012 c 137: See notes following RCW 18.108.005.




18.108.060
Applicant — License or certificate holder — Compliance with procedures, requirements, fees.

Each applicant and license or certificate holder shall comply with administrative procedures, administrative requirements, and fees set by the secretary under RCW 43.70.250 and 43.70.280.

[2012 c 137 § 9; 1996 c 191 § 81; 1991 c 3 § 256; 1987 c 443 § 6; 1985 c 7 § 79; 1975 1st ex.s. c 280 § 6.]

Notes:

     Finding -- Purpose -- Rules -- Effective date -- 2012 c 137: See notes following RCW 18.108.005.




18.108.070
Qualifications for licensure or certification.

(1) The secretary shall issue a massage practitioner's license to an applicant who demonstrates to the secretary's satisfaction that the following requirements have been met:

     (a) Effective June 1, 1988, successful completion of a course of study in an approved massage program or approved apprenticeship program;

     (b) Successful completion of an examination administered or approved by the board; and

     (c) Be eighteen years of age or older.

     (2) Beginning July 1, 2013, the secretary shall issue a reflexologist certification to an applicant who completes an application form that identifies the name and address of the applicant and the certification request, and demonstrates to the secretary's satisfaction that the following requirements have been met:

     (a) Successful completion of a course of study in reflexologist program approved by the secretary;

     (b) Successful completion of an examination administered or approved by the secretary; and

     (c) Be eighteen years of age or older.

     (3) Applicants for a massage practitioner's license or for certification as a reflexologist shall be subject to the grounds for denial or issuance of a conditional credential under chapter
18.130 RCW.

     (4) The secretary may require any information and documentation that reasonably relates to the need to determine whether the massage practitioner or reflexologist applicant meets the criteria for licensure provided for in this chapter and chapter 18.130 RCW. The secretary shall establish by rule what constitutes adequate proof of meeting the criteria.

[2012 c 137 § 10; 1991 c 3 § 257; 1987 c 443 § 7; 1975 1st ex.s. c 280 § 7.]

Notes:

     Finding -- Purpose -- Rules -- Effective date -- 2012 c 137: See notes following RCW 18.108.005.




18.108.073
Massage practitioner examination.

(1) Applicants for the massage practitioner license examination must demonstrate to the secretary's satisfaction that the following requirements have been met:

     (a)(i) Effective June 1, 1988, successful completion of a course of study in an approved massage program; or

     (ii) Effective June 1, 1988, successful completion of an apprenticeship program established by the board; and

     (b) Be eighteen years of age or older.

     (2) The board or its designee shall examine each massage practitioner applicant in a written examination determined most effective on subjects appropriate to the massage scope of practice. The subjects may include anatomy, kinesiology, physiology, pathology, principles of human behavior, massage theory and practice, hydrotherapy, hygiene, first aid, Washington law pertaining to the practice of massage, and such other subjects as the board may deem useful to test applicant's fitness to practice massage therapy. Such examinations shall be limited in purpose to determining whether the applicant possesses the minimum skill and knowledge necessary to practice competently.

     (3) All records of a massage practitioner candidate's performance shall be preserved for a period of not less than one year after the board has made and published decisions thereupon. All examinations shall be conducted by the board under fair and impartial methods as determined by the secretary.

     (4) A massage practitioner applicant who fails to make the required grade in the first examination is entitled to take up to two additional examinations upon the payment of a fee for each subsequent examination determined by the secretary as provided in RCW
43.70.250. Upon failure of three examinations, the secretary may invalidate the original application and require such remedial education as is required by the board before admission to future examinations.

     (5) The board may approve an examination prepared or administered, or both, by a private testing agency or association of licensing boards for use by a massage practitioner applicant in meeting the licensing requirement.

[2012 c 137 § 11; 1995 c 198 § 17; 1991 c 3 § 258; 1987 c 443 § 8.]

Notes:

     Finding -- Purpose -- Rules -- Effective date -- 2012 c 137: See notes following RCW 18.108.005.




18.108.074
Reflexology examination.

(1) Beginning July 1, 2013, applicants for the reflexology certification examination must demonstrate to the secretary's satisfaction that the following requirements have been met:

     (a)(i) Successful completion of a course of study in an approved reflexology program; or

     (ii) Successful completion of an apprenticeship program approved by the secretary; and

     (b) Be eighteen years of age or older.

     (2) The secretary or his or her designee shall examine each reflexology applicant in a written examination determined most effective on subjects appropriate to the reflexology scope of practice. The subjects may include those that the secretary deems useful to test applicant's fitness to practice reflexology. Such examinations shall be limited in purpose to determining whether the applicant possesses the minimum skill and knowledge necessary to practice reflexology competently.

     (3) All records of a reflexology candidate's performance shall be preserved for a period of not less than one year after the secretary has made and published decisions thereupon. All examinations shall be conducted under fair and impartial methods as determined by the secretary.

     (4) A reflexology applicant who fails to make the required grade in the first examination is entitled to take up to two additional examinations upon the payment of a fee for each subsequent examination determined by the secretary as provided in RCW
43.70.250. Upon failure of three examinations, the secretary may invalidate the original application and require such remedial education as is required by the secretary before admission to future examinations.

     (5) The secretary may approve an examination prepared or administered, or both, by a private testing agency or association of licensing boards for use by a reflexology applicant in meeting the certification requirement.

[2012 c 137 § 12.]

Notes:

     Finding -- Purpose -- Rules -- Effective date -- 2012 c 137: See notes following RCW 18.108.005.




18.108.085
Powers and duties of secretary — Uniform Disciplinary Act — License or certificate revocation — Reinstatement.

(1) In addition to any other authority provided by law, the secretary may:

     (a) Adopt rules, in accordance with chapter
34.05 RCW necessary to implement this chapter;

     (b) Set all license, certification, examination, and renewal fees in accordance with RCW 43.70.250;

     (c) Establish forms and procedures necessary to administer this chapter;

     (d) Issue a massage practitioner's license to any applicant who has met the education, training, and examination requirements for licensure and deny licensure to applicants who do not meet the requirements of this chapter;

     (e) Issue a reflexology certification to any applicant who has met the requirements for certification and deny certification to applicants who do not meet the requirements of this chapter; and

     (f) Hire clerical, administrative, and investigative staff as necessary to implement this chapter.

     (2) The Uniform Disciplinary Act, chapter 18.130 RCW, governs unlicensed and uncertified practice, the issuance and denial of licenses and certifications, and the disciplining of persons under this chapter. The secretary shall be the disciplining authority under this chapter.

     (3) Any license or certification issued under this chapter to a person who is or has been convicted of violating RCW 9A.88.030, 9A.88.070, 9A.88.080, or 9A.88.090 or equivalent local ordinances shall automatically be revoked by the secretary upon receipt of a certified copy of the court documents reflecting such conviction. No further hearing or procedure is required, and the secretary has no discretion with regard to the revocation of the license or certification. The revocation shall be effective even though such conviction may be under appeal, or the time period for such appeal has not elapsed. However, upon presentation of a final appellate decision overturning such conviction, the license or certification shall be reinstated, unless grounds for disciplinary action have been found under chapter 18.130 RCW. No license or certification may be granted under this chapter to any person who has been convicted of violating RCW 9A.88.030, 9A.88.070, 9A.88.080, or 9A.88.090 or equivalent local ordinances within the eight years immediately preceding the date of application. For purposes of this subsection, "convicted" does not include a conviction that has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence, but does include convictions for offenses for which the defendant received a deferred or suspended sentence, unless the record has been expunged according to law.

     (4) The secretary shall keep an official record of all proceedings under this chapter, a part of which record shall consist of a register of all applicants for licensure or certification under this chapter, with the result of each application.

[2012 c 137 § 14; 1996 c 154 § 1; 1995 c 353 § 2; 1991 c 3 § 259; 1987 c 443 § 11.]

Notes:

     Finding -- Purpose -- Rules -- Effective date -- 2012 c 137: See notes following RCW 18.108.005.




18.108.095
Out-of-state massage practitioner applicants.

A massage practitioner applicant holding a license in another state or foreign jurisdiction may be granted a Washington license without examination, if, in the opinion of the board, the other state's or foreign jurisdiction's examination and educational requirements are substantially equivalent to Washington's. However, the applicant must demonstrate to the satisfaction of the board a working knowledge of Washington law pertaining to the practice of massage. The applicant shall provide proof in a manner approved by the department that the examination and requirements are equivalent to Washington's.

[2012 c 137 § 13; 1987 c 443 § 12.]

Notes:

     Finding -- Purpose -- Rules -- Effective date -- 2012 c 137: See notes following RCW 18.108.005.

     Effective date -- 1987 c 443 § 12: "Section 12 of this act shall take effect June 1, 1988." [1987 c 443 § 19.]




18.108.115
Persons licensed under prior law.

Any person holding a valid license to practice massage issued by authority of the state on July 26, 1987, shall continue to be licensed as a massage practitioner under the provisions of this chapter.

[1987 c 443 § 13.]




18.108.125
Inactive credential — Reinstatement.

(1) The secretary must grant a massage practitioner an inactive credential if the massage practitioner submits a letter to the board stating his or her intent to obtain an inactive credential, and he or she:

     (a) Holds an active Washington state massage practitioner's license;

     (b) Is in good standing, as determined by the board; and

     (c) Does not practice massage in the state of Washington.

     (2) The secretary may reinstate the massage practitioner's license if the massage practitioner:

     (a) Pays the current active renewal fee and other fees for active licensure;

     (b) Provides a written declaration that:

     (i) No action has been taken by a state or federal jurisdiction or a hospital which would prevent or restrict the practitioner's practice of massage therapy;

     (ii) He or she has not voluntarily given up any credential or privilege or been restricted in the practice of massage therapy to avoid other sanctions; and

     (iii) He or she has satisfied continuing education and competency requirements for the two most recent years; and

     (c) Meets other requirements for reinstatement, as may be determined by the board.

[2008 c 25 § 2.]

Notes:

     Effective date -- 2008 c 25: See note following RCW 18.108.025.




18.108.131
Exemptions — Reflexology.

(1) The secretary may certify an applicant as a reflexologist without examination if the applicant:

     (a) Has practiced reflexology as a licensed massage practitioner for at least five years prior to July 1, 2013, or provides evidence satisfactory to the secretary that he or she has, prior to July 1, 2013, successfully completed a course of study in a reflexology program approved by the secretary; and

     (b) Applies for certification by one year after July 1, 2013.

     (2) An applicant holding a reflexology credential in another state or a territory of the United States may be certified to practice in this state without examination if the secretary determines that the other jurisdiction's credentialing standards are substantially equivalent to the standards in this state.

[2012 c 137 § 15.]

Notes:

     Finding -- Purpose -- Rules -- Effective date -- 2012 c 137: See notes following RCW 18.108.005.




18.108.190
Inspection of premises by law enforcement personnel.

State and local law enforcement personnel shall have the authority to inspect the premises at any time including business hours.

[1975 1st ex.s. c 280 § 20.]




18.108.195
Inspection of premises by secretary.

(1) For the purposes of ascertaining violations of this chapter and chapter 18.130 RCW, the secretary or authorized representative has the authority to inspect, within reasonable limits and in a reasonable manner, the premises of any massage or reflexology business establishment during hours such business is open. If the secretary is denied access to any premises or establishment the secretary may apply to any court of competent jurisdiction for a warrant authorizing access to such premises or establishment for such purposes. The court may, upon such application, issue a warrant for the purpose requested.

     (2) This section does not require advance notice of an inspection.

[2012 c 137 § 16.]

Notes:

     Finding -- Purpose -- Rules -- Effective date -- 2012 c 137: See notes following RCW 18.108.005.




18.108.210
Authority of local political subdivisions.

Nothing in this chapter limits or abridges the authority of any political subdivision to levy and collect a general and nondiscriminatory license fee levied upon all businesses, or to levy a tax based upon gross business conducted by any firm within said political subdivision.

[2007 c 165 § 2; 1975 1st ex.s. c 280 § 22.]

Notes:

     Finding -- 2007 c 165: "The legislature finds that licensed massage practitioners should be treated the same as other health professionals under Title 18 RCW and that additional registrations or licenses regulating massage or massage practitioners are not authorized." [2007 c 165 § 1.]




18.108.220
Federal classification.

For the purposes of this chapter, licensed massage practitioners shall be classified as "offices and clinics of health practitioners, not elsewhere classified" under section 8049 of the standard industrial classification manual published by the executive office of the president, office of management and budget.

[1994 c 228 § 1.]

Notes:

     Effective date -- 1994 c 228: "This act shall take effect July 1, 1994." [1994 c 228 § 3.]




18.108.230
Animal massage practitioner — Endorsement — Training requirements — Rules.

(1) A massage practitioner licensed under this chapter may apply for an endorsement as a small or large animal massage practitioner upon completion of one hundred hours of training in either large or small animal massage. Training must include animal massage techniques, kinesiology, anatomy, physiology, first aid care, and proper handling techniques.

     (2) An applicant who applies for an endorsement within the first year following July 22, 2001, may submit documentation of a minimum of fifty hours of training with up to fifty hours of practical experience or continuing education, or a combination thereof, to fulfill the requirements of this section.

     (3) Massage therapy of animals does not include diagnosis, prognosis, or all treatment of diseases, deformities, defects, wounds, or injuries of animals. For the purposes of this section, massage for therapeutic purposes may be performed solely for purposes of patient well-being.

     (4) A person licensed and endorsed under this section may hold themselves out as an animal massage practitioner.

     (5) The board may adopt rules to implement this section upon consultation with the Washington state veterinary board of governors and licensed massage practitioners with training in animal massage.

[2001 c 297 § 3.]

Notes:

     Findings -- Intent -- 2001 c 297: See note following RCW 18.108.010.




18.108.240
Chapter 277, Laws of 2002 — Review/regulatory changes.

The department of health shall review the implementation of chapter 277, Laws of 2002 and make recommendations to the legislature by December 1, 2005, regarding regulatory changes to chapter 277, Laws of 2002.

[2002 c 277 § 3.]




18.108.250
Intraoral massage — Endorsement.

(1) A massage practitioner licensed under this chapter may apply for an endorsement to perform intraoral massage upon completion of training determined by the board and specified in rules. Training must include intraoral massage techniques, cranial anatomy, physiology, and kinesiology, hygienic practices, safety and sanitation, pathology, and contraindications.

     (2) A massage practitioner who has obtained an intraoral massage endorsement to his or her massage practitioner license may practice intraoral massage.

[2007 c 272 § 2.]




18.108.900
Severability — 1975 1st ex.s. c 280.

If any provision of this 1975 act is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this 1975 act and the applicability thereof to other persons and circumstances shall not be affected thereby.

[1975 1st ex.s. c 280 § 23.]




18.108.901
Severability — 1987 c 443.

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.

[1987 c 443 § 18.]




18.108.902
Savings — 1987 c 443.

This chapter shall not be construed as affecting any existing right acquired or liability or obligations incurred under the sections amended or repealed in this chapter or under any rule, regulation, or order adopted under those sections, nor as affecting any proceeding instituted under those sections.

[1987 c 443 § 14.]