Bill Summary – FastDemocracy

CERTIFICATION OF ENROLLMENT
                       SUBSTITUTE HOUSE BILL 1889
                           Chapter 50, Laws of 2024
                               68th Legislature
                             2024 Regular Session
   PROFESSIONAL LICENSES AND CERTIFICATIONS—IMMIGRATION STATUS
                      EFFECTIVE DATE: July 1, 2024
Passed by the House February 9, 2024                 CERTIFICATE
  Yeas 66 Nays 31
                                       I, Bernard Dean, Chief Clerk of the
                                       House of Representatives of the
            LAURIE JINKINS             State of Washington, do hereby
Speaker of the House of                certify   that    the   attached  is
Representatives                        SUBSTITUTE    HOUSE   BILL   1889 as
                                       passed     by     the     House   of
                                       Representatives and the Senate on
                                       the dates hereon set forth.
Passed by the Senate February 27,
2024
  Yeas 41 Nays 8                                     BERNARD DEAN
                                                                    Chief Clerk
              DENNY HECK
President of the Senate
Approved March 13, 2024 1:47 PM                         FILED
                                                    March 14, 2024
                                               Secretary of State
              JAY INSLEE                       State of Washington
Governor of the State of Washington
                           SUBSTITUTE HOUSE BILL 1889
                   Passed Legislature - 2024 Regular Session
     State of Washington         68th Legislature       2024 Regular Session
     By House Consumer Protection & Business (originally sponsored by
     Representatives Walen, Taylor, Leavitt, Slatter, Ramel, Duerr, Ryu,
     Ramos, Bateman, Reeves, Reed, Ormsby, Callan, Peterson, Kloba, Macri,
     Street, Doglio, Bergquist, Mena, Goodman, Thai, Santos, Hackney,
     Pollet, Fosse, Davis, and Senn)
     READ FIRST TIME 01/29/24.
      AN ACT Relating to allowing persons to receive professional
  licenses and certifications regardless of immigration or citizenship
  status; amending RCW 18.235.020, 18.53.060, 18.185.020, 19.230.040,
  19.230.090, and 42.45.200; reenacting and amending RCW 18.130.040;
  adding a new section to chapter 28A.410 RCW; adding a new section to
  chapter 28A.413 RCW; adding a new chapter to Title 18 RCW; and
  providing an effective date.
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     NEW SECTION.     Sec. 1.    For the businesses and professions
 included under this title, except for interstate compacts:
     (1) An individual who is not lawfully present in the United
 States is eligible for a professional license, commercial license,
 certificate, permit, or registration as allowed under Title 8 U.S.C.
 Sec. 1621. A state agency, regulatory authority, or disciplining
 authority shall not deny an application for a professional license,
 commercial license, certificate, permit, or registration solely on
 the basis of a person's immigration or citizenship status if the
 person has met all other qualifications.
     (2) An applicant for a professional license, commercial license,
 certificate, permit, or registration may provide an individual
                                       p. 1                      SHB 1889.SL
 taxpayer identification number in lieu of a social security number
 when completing an application.
     (3) A state agency, regulatory authority, or disciplining
 authority shall not disclose to any person who is not employed by the
 state agency, regulatory authority, or disciplining authority the
 social security number or individual taxpayer identification number
 of an applicant or licensee for any purpose except:
     (a) Tax purposes;
     (b) Licensing purposes; and
     (c) Enforcement of an order for the payment of child support.
     (4)   A   social   security   number    or   individual   taxpayer
 identification number provided to a state agency, regulatory
 authority, or disciplining authority is confidential and is exempt
 from disclosure under chapter 42.56 RCW.
     (5) Nothing in this section shall affect the requirements to
 obtain a professional license, commercial license, certificate,
 permit, or registration that are not directly related to citizenship
 status or immigration status.
     (6) This chapter does not apply to licensees under chapters
 18.165 and 18.170 RCW and RCW 18.185.250.
     Sec. 2. RCW 18.235.020 and 2017 c 281 s 37 are each amended to
 read as follows:
     (1) This chapter applies only to the director and the boards and
 commissions having jurisdiction in relation to the businesses and
 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 director has authority under this chapter in relation
 to the following businesses and professions:
     (i) Auctioneers under chapter 18.11 RCW;
     (ii) Bail bond agents and bail bond recovery agents under chapter
 18.185 RCW;
     (iii) Camping resorts' operators and salespersons under chapter
 19.105 RCW;
     (iv) Commercial telephone solicitors under chapter 19.158 RCW;
     (v) Cosmetologists, barbers, manicurists, and estheticians under
 chapter 18.16 RCW;
     (vi) Court reporters under chapter 18.145 RCW;
                                     p. 2                      SHB 1889.SL
     (vii) Driver training schools and instructors under chapter   46.82
 RCW;
      (viii) Employment agencies under chapter 19.31 RCW;
      (ix) For hire vehicle operators under chapter 46.72 RCW;
      (x) Limousines under chapter 46.72A RCW;
      (xi) Notaries public under chapter 42.45 RCW;
      (xii) Private investigators under chapter 18.165 RCW;
      (xiii) Professional boxing, martial arts, and wrestling      under
 chapter 67.08 RCW;
     (xiv) Real estate appraisers under chapter 18.140 RCW;
     (xv) Real estate brokers and salespersons under chapters      18.85
 and 18.86 RCW;
     (xvi) Scrap metal processors, scrap metal recyclers, and      scrap
 metal suppliers under chapter 19.290 RCW;
     (xvii) Security guards under chapter 18.170 RCW;
     (xviii) Sellers of travel under chapter 19.138 RCW;
     (xix) Timeshares and timeshare salespersons under chapter 64.36
 RCW;
      (xx) Whitewater river outfitters under chapter 79A.60 RCW;
      (xxi) Home inspectors under chapter 18.280 RCW;
      (xxii) Body artists, body piercers, and tattoo artists, and body
 art, body piercing, and tattooing shops and businesses, under chapter
 18.300 RCW; and
     (xxiii) Appraisal management companies under chapter 18.310 RCW.
     (b) The boards and commissions having authority under this
 chapter are as follows:
     (i) The state board for architects established in chapter 18.08
 RCW;
     (ii) The Washington state collection agency board established in
 chapter 19.16 RCW;
     (iii) The state board of registration for professional engineers
 and land surveyors established in chapter 18.43 RCW governing
 licenses issued under chapters 18.43 and 18.210 RCW;
     (iv) The funeral and cemetery board established in chapter 18.39
 RCW governing licenses issued under chapters 18.39 and 68.05 RCW;
     (v) The state board of licensure for landscape architects
 established in chapter 18.96 RCW; and
     (vi) The state geologist licensing board established in chapter
 18.220 RCW.
                                     p. 3                      SHB 1889.SL
      (3) In addition to the authority to discipline license holders,
  the disciplinary authority may grant or deny licenses based on the
  conditions and criteria established in this chapter, chapter 18.---
  RCW (the new chapter created in section 11 of this act), and the
  chapters specified in subsection (2) of this section. This chapter
  also governs any investigation, hearing, or proceeding relating to
  denial of licensure or issuance of a license conditioned on the
  applicant's compliance with an order entered under RCW 18.235.110 by
  the disciplinary authority.
     NEW SECTION. Sec. 3. A new section is added to chapter 28A.410
 RCW to read as follows:
     An individual who is not lawfully present in the United States is
 eligible for a permit or certificate as allowed under Title 8 U.S.C.
 Sec. 1621. The professional educator standards board and the
 superintendent of public instruction shall not deny an application
 for a permit or certificate solely on the basis of a person's
 immigration or citizenship status if the person has met all other
 qualifications.
     NEW SECTION. Sec. 4. A new section is added to chapter 28A.413
 RCW to read as follows:
     An individual who is not lawfully present in the United States is
 eligible for a certificate as allowed under Title 8 U.S.C. Sec. 1621.
 The paraeducator board shall not deny an application for a
 certificate for a person solely on the basis of a person's
 immigration or citizenship status if the person has met all other
 qualifications.
     Sec. 5.   RCW 18.130.040 and 2023 c 469 s 18, 2023 c 460 s 15,
 2023 c 425 s 27, 2023 c 270 s 14, 2023 c 175 s 11, and 2023 c 123 s
 21 are each reenacted and amended to read as follows:
     (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:
                                     p. 4                      SHB 1889.SL
     (i) Dispensing opticians licensed and designated apprentices
 under chapter 18.34 RCW;
     (ii) Midwives licensed under chapter 18.50 RCW;
     (iii) Ocularists licensed under chapter 18.55 RCW;
     (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 RCW;
     (ix) Hypnotherapists registered, agency affiliated counselors
 registered, certified, or licensed, 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
 RCW;
      (xix) Recreational therapists under chapter 18.230 RCW;
                                     p. 5                      SHB 1889.SL
     (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 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;
     (xxvii) Birth doulas certified under chapter 18.47 RCW;
     (xxviii) Music therapists licensed under chapter 18.233 RCW;
     (xxix) Behavioral health support specialists certified under
 chapter 18.227 RCW; and
     (xxx) Certified peer specialists and certified peer specialist
 trainees under chapter 18.420 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 RCW,
 licenses and registrations issued under chapter 18.260 RCW, licenses
 issued under chapter 18.265 RCW, 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 18.57 RCW;
                                      p. 6                      SHB 1889.SL
     (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 board of nursing as established in chapter 18.79 RCW
 governing licenses and registrations issued under that chapter and
 under chapter 18.80 RCW;
     (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 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, which must be in compliance with chapter 18.--- RCW
 (the new chapter created in section 11 of this act).
     (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.
     Sec. 6.   RCW 18.53.060 and 1995 c 198 s 6 are each amended to
 read as follows:
     From and after January 1, 1940, in order to be eligible for
 examination for registration, a person ((shall be a citizen of the
 United States of America, who)) shall have a preliminary education of
 or equal to four years in a state accredited high school and has
 completed a full attendance course in a regularly chartered school of
 optometry maintaining a standard which is deemed sufficient and
 satisfactory by the optometry board, who is a person of good moral
 character, who has a visual acuity in at least one eye, of a standard
                                     p. 7                      SHB 1889.SL
 known as 20/40 under correction: PROVIDED, That from and after
 January 1, 1975, in order to be eligible for examination for a
 license, a person shall have the following qualifications:
     (1) Be a graduate of a state accredited high school or its
 equivalent;
     (2) Have a diploma or other certificate of completion from an
 accredited college of optometry or school of optometry, maintaining a
 standard which is deemed sufficient and satisfactory by the optometry
 board, conferring its degree of doctor of optometry or its
 equivalent, maintaining a course of four scholastic years in addition
 to preprofessional college-level studies, and teaching substantially
 all of the following subjects: General anatomy, anatomy of the ey