Jim Parker, Program Director, Private Career School Licensing, 360-709-4625

The Legislature (SB-5141) recently considered whether to exempt yoga teacher training programs from licensure in Washington State. Although there were compelling discussions from a range of perspectives, no bill was passed in the last legislative session. Therefore, the yoga studios that advertise and market that their teacher training program will lead to a career and/or paid employment in the yoga instruction field will remain licensed.

Please note that criteria does exist in current statute that provides exemption from licensure for businesses offering education and training that is that is avocational in nature or recreational. Those yoga studios that do not advertise and promote yoga teacher training as advancing to employment in the yoga industry may qualify for an exemption. If you feel that your yoga teacher training courses or programs are eligible for an exemption, please refer to the two attachments that define the license exemption criteria. If teacher training is being offered for avocational reasons, see specifically RCW 28C.10.030(2) that states, "Entities offering education that is exclusively avocational or recreational". And WAC 490-105-100(2), Exemptions from licensing requirements, "Avocational" or "recreational" means instruction that is primarily intended for leisure and is not offered to provide a student with employable skills or competencies. You may feel that you qualify for exemption based on other stated criteria contained in the attachments. In addition to stating the exemption criteria that you feel applies to your teacher training program, please provide documentation supporting your request to be exempt from regulation by the Workforce Board. For instance, if you are claiming that the teacher training is avocational, all advertising and promoting materials must be consistent with the primary objective of the teacher training is avocational.

If you have any questions or would like to discuss the matter, please feel free to contact me, or your assigned program specialist.

Darlene Bartlett, Program Specialist, Private Career School Licensing, 360-709-4605

Kamala Andrews, Program Specialist, Private Career School Licensing, 360-709-4629

RCW 28C.10.030

Application of chapter.

This chapter does not apply to:

(1) Bona fide trade, business, professional, or fraternal organizations conducting educational programs primarily for that organization's membership or offered by that organization on a no-fee basis;

(2) Entities offering education that is exclusively avocational or recreational;

(3) Education not requiring payment of money or other consideration if this education is not advertised or promoted as leading toward educational credentials;

(4) Entities that are established, operated, and governed by this state or its political subdivisions under Title 28A or 28B RCW or this title;

(5) Degree-granting programs in compliance with the rules of the student achievement council;

(6) Any other entity to the extent that it has been exempted from some or all of the provisions of this chapter under RCW 28C.10.100;

(7) Entities not otherwise exempt that are of a religious character, but only as to those educational programs exclusively devoted to religious or theological objectives and represented accurately in institutional catalogs or other official publications;

(8) Entities offering only courses certified by the federal aviation administration;

(9) Barber and cosmetology schools licensed under chapter 18.16 RCW;

(10) Entities which only offer courses approved to meet the continuing education requirements for licensure under chapter 18.04, 18.79, or 48.17 RCW; and

(11) Entities not otherwise exempt offering only workshops or seminars lasting no longer than three calendar days.

[ 2014 c 11 § 1;2012 c 229 § 576;1994 sp.s. c 9 § 723;1990 c 188 § 6;1986 c 299 § 3.]

WAC 490-105-100

Exemption from licensing requirements.

RCW 28C.10.030 provides exemption for some entities for certain types of education or training. These exemptions are further interpreted or defined as follows:

(1) "Conducting educational programs" includes instructional or training programs or courses taught by a third party pursuant to a written contract with a trade, business, professional, or fraternal organization, primarily for the training of that business' employees or organizations members, and for which no tuition fee is charged to the employee or member. Organizations that incentivize membership during the enrollment process cannot qualify for the exemption found in RCW 28C.10.030(1).

(2) "Avocational" or "recreational" means instruction that is primarily intended for leisure and is not offered to provide a student with employable skills or competencies. Instruction offered as a prerequisite for a vocational program does not qualify for this exemption.

(3) "Entities not otherwise exempt offering only workshops or seminars lasting no longer than three calendar days" means instruction that can be completed within three scheduled class days. A class day shall be defined by the school's class schedule, but must allow reasonable breaks and may not exceed fourteen hours. A vocational education program divided into a series of supplementary seminars does not qualify for this exemption.

(4) "Programs of continuing professional education" include:

(a) Review programs offered solely as preparation for tests leading to certification in specific disciplines but not offered to provide occupational competencies. For example, this exemption applies to test preparation programs that lead to: Certification by a state board of accountancy (CPA); certification by the institute of certified management accounting (CMA); admission to practice before a state bar; certification in health occupations initiated by the American Medical Association, American Dental Association, and their respective professional auxiliaries; and, acquisition of other public certificates of convenience and necessity; and

(b) Programs offered to conform with rules adopted by state agencies that require practitioners to undergo continuing professional education as a condition to renewing certification or licensure.

[Statutory Authority: RCW 28.10.040 [28C.10.040]. WSR 15-24-088, § 490-105-100, filed 11/30/15, effective 12/31/15; WSR 08-04-110, § 490-105-100, filed 2/6/08, effective 3/8/08. Statutory Authority: RCW 28C.10.040(2). WSR 98-22-033, § 490-105-100, filed 10/29/98, effective 11/29/98.]