67.08.240 - Unprofessional conduct--What constitutes.

Unprofessional conduct — What constitutes.

The following conduct, acts, or conditions constitute unprofessional conduct for a license holder or applicant under this chapter:

     (1) Conviction of a gross misdemeanor, felony, or the commission of an act involving moral turpitude, dishonesty, or corruption whether the act constitutes a crime or not. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended. This section does not abrogate rights guaranteed under chapter 9.96 RCW;

     (2) Misrepresentation or concealment of a material fact in obtaining a license or in reinstatement of a license;

     (3) Advertising that is false, fraudulent, or misleading;

     (4) Incompetence or negligence that results in injury to a person or that creates an unreasonable risk that a person may be harmed;

     (5) Suspension, revocation, or restriction of a license to act as a professional athletic licensee by competent authority in a state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;

     (6) Violation of a statute or administrative rule regulating professional athletics;

     (7) Failure to cooperate with the department's investigations by:

     (a) Not furnishing papers or documents;

     (b) Not furnishing in writing a full and complete explanation regarding a matter under investigation by the department; or

     (c) Not responding to subpoenas issued by the department, whether or not the recipient of the subpoena is the subject of the proceeding;

     (8) Failure to comply with an order issued by the director or an assurance of discontinuance entered into by the director;

     (9) Aiding or abetting an unlicensed person to act in a manner that requires a professional athletics licensee [license];

     (10) Misrepresentation or fraud in any aspect of the conduct of a professional athletics event; and

     (11) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the department or by the use of threats or harassment against any person to prevent them from providing evidence in a disciplinary proceeding or other legal action.

[1997 c 205 § 21.]