Draft Changes To WAC 246-810 For
Agency Affiliated Counselor, Certified Counselor, Certified Adviser,
Hypnotherapist, and Registered Counselor
Updated March 2, 2009
Chapter 246-810 WAC
Counselors
246-810-010
Definitions.
(1) "Agency affiliated counselor" means a person registered under chapter 18.19, RCW, and these rules, who is engaged in counseling and employed by an agency.
(2) "Agency" means an agency or facility operated, licensed, or certified by the state of Washington.
.
(3) "Certified adviser" means a person certified under chapter 18.19, RCW, and these rules, who is engaged in private practice counseling to the extent authorized in section 246-810-020.
(4) "Certified counselor" means a person certified under this chapter 18.19, RCW, and these rules, who is engaged in private practice counseling to the extent authorized in section 246-810-020.
(5) "Client" means an individual who receives or participates in counseling or group counseling.
(6) "Counseling" means employing any therapeutic techniques, including but not limited to social work, mental health counseling, marriage and family therapy, and hypnotherapy, for a fee that offer, assist or attempt to assist an individual or individuals in the amelioration or adjustment of mental, emotional, or behavioral problems, and includes therapeutic techniques to achieve sensitivity and awareness of self and others and the development of human potential. For the purposes of these rules, nothing may be construed to imply that the practice of hypnotherapy is necessarily limited to counseling.
(1) "Counselor" means and includes any registered counselor or registered hypnotherapist regulated under chapter 18.19 RCW.
(7) "Counselor" means an individual who engages in the practice of counseling to the public for a fee, including for the purposes of these rules, agency affiliated counselors, certified counselors, certified advisers, hypnotherapists, and until July 1, 2010, registered counselors.
(2) (8) "Department" means the Washington state department of
health.
(3) (9) Fee" as referred to in RCW 18.19.030 means
compensation received by the counselor for counseling services provided,
regardless of the source.
(4) "Hospital" means any health care institution licensed under chapter 70.41
RCW.
(11) (10) "Hypnotherapist" means a person registered under chapter 18.19 , RCW, and these rules, who is practicing hypnosis as a modality.
(5) "Nursing home" means any health care institution licensed under chapter 18.51 RCW.
(11) "Private practice counseling" means the practice of counseling by a certified counselor or certified adviser as specified in WAC 246-810-020.
(12) "Psychotherapy" means the practice of counseling using diagnosis of mental disorders according to the fourth edition of the diagnostic and statistical manual of mental disorders, published in 1994, and the development of treatment plans for counseling based on diagnosis of mental disorders in accordance with established practice standards.
(13) "Secretary" means the secretary of the department or the secretary's designee.
(6) (14) Unprofessional conduct" as used in this chapter
means the conduct described in RCW 18.130.180.
246-810-011
Which activities and individuals are exempt from these rules?
These rules are not intended to prevent or restrict:
(1) The practice of a profession by a person who is either registered, certified, licensed, or similarly regulated under the laws of this state and who is performing services within the person's authorized scope of practice, including any attorney admitted to practice law in this state when providing counseling incidental to and in the course of providing legal counsel;
(2) The practice of counseling by an employee or trainee of any federal agency, or the practice of counseling by a student of a college or university, if the employee, trainee, or student is practicing solely under the supervision of and accountable to the agency, college, or university, through which he or she performs such functions as part of his or her position for no additional fee other than ordinary compensation;
(3) The practice of counseling by a person for no compensation;
(4) The practice of counseling by persons offering services for public and private nonprofit organizations or charities not primarily engaged in counseling for a fee when approved by the organizations or agencies for whom they render their services;
(5) Evaluation, consultation, planning, policy-making, research, or related services conducted by social scientists for private corporations or public agencies;
(6) The practice of counseling by a person under the auspices of a religious denomination, church, or organization, or the practice of religion itself;
(7) The practice of counseling by peer counselors who use their own experience to encourage and support people with similar conditions or activities related to the training of peer counselors; and
(8) Counselors who reside outside Washington state from providing up to ten days per quarter of training or workshops in the state, as long as they do not hold themselves out to be registered or certified in Washington state.
246-810-012
What is the application procedure to obtain the credentials?
Application for agency affiliated counselor, certified counselor, certified adviser, hypnotherapist, or until July 2, 2010, for registered counselor, must be made on forms established by the secretary. The secretary may require information necessary to determine whether applicants meet the qualifications for the credential and whether there are any grounds for denial of the credential, or for issuance of a conditional credential, under this chapter or chapter 18.130 RCW. The application for agency affiliated counselor, certified counselor, certified adviser, or registered counselor must include a description of the applicant's orientation, discipline, theory, or technique. Each applicant shall pay a fee determined by the secretary as provided in RCW 43.70.250, which shall accompany the application.
246-810-013
What kinds of credentials must a state agency employee obtain in order to
practice counseling or hypnotherapy?
(1) Until July 1, 2010, a person may not, as a part of his or her position as an employee of a state agency, practice counseling without possessing a registered counselor or an agency affiliated counselor credential unless they are exempted under WAC 246-810-011.
(2) On and after July 2, 2010, a person may not, as a part of his or her position as an employee of a state agency, practice counseling without being registered to practice as an agency affiliated counselor unless they are exempted under WAC 246-810-011.
(3) A person may not, for a fee or as a part of his or her position as an employee of a state agency, practice hypnotherapy without being registered to practice as a hypnotherapist by the department unless they are exempt under WAC 246-810-011.
Agency Affiliated Counselors
Sections 246-810-015 through 246-810-018 apply only to agency affiliated counselors.
246-810-015
What are the requirements to obtain a registration as an agency affiliated
counselor?
Applicants for agency affiliated counselor must be employed by or have an offer of employment from:
or
246-810-016
What agencies and facilities can employ agency affiliated counselors?
The following are recognized as agencies or facilities operated, licensed, or certified by the state of Washington:
246-810-17
How can other agencies or facilities be recognized in order to employ agency affiliated counselors?
246-810-018
What are the reporting requirements when a agency affiliated counselor has an
employment change?
No later than thirty calendar days after the date of the change, agency affiliated counselors shall notify the department if they are either no longer employed by the agency identified on their application or are now employed with another agency, or both. Agency affiliated counselors may not engage in the practice of counseling unless they are currently affiliated with an agency.
Certified Counselors and Certified Advisers
Sections 246-810-020 through 246-810-031 apply only to certified counselors and certified advisers
246-810-020
What is the scope and limits of practice of certified counselors and certified
advisers?
The scope of practice of certified counselors and certified advisers consists exclusively of the following:
(1) Appropriate screening of the client's level of functional impairment using the global assessment of functioning as described in the fourth edition of the diagnostic and statistical manual of mental disorders, published in 1994. Recognition of a mental or physical disorder or a global assessment of functioning score of sixty or less requires that the certified counselor or certified adviser refer the client to a physician, osteopathic physician, naturopathic physician, psychiatric registered nurse practitioner, advanced registered nurse practitioner, psychologist or licensed mental health practitioner as defined by the secretary for diagnosis and treatment;
2) Certified counselors and certified advisers may counsel and guide a client in adjusting to life situations, developing new skills, and making desired changes, in accordance with the theories and techniques of a specific counseling method and established practice standards, if the client has a global assessment of functioning score greater than sixty;
(3) Certified counselors may counsel and guide a client in adjusting to life situations, developing new skills, and making desired changes if the client has a global assessment of functioning score of sixty or less if:
(a) The client has been referred to the certified counselor by a physician, osteopathic physician, naturopathic physician, psychiatric registered nurse practitioner, advanced registered nurse practitioner, psychologist, or licensed mental health practitioner as defined by the secretary, and care is provided as part of a plan of treatment developed by the referring practitioner who is actively treating the client. The certified counselor must adhere to any conditions related to the certified counselor's role as specified in the plan of care; or
(b) The certified counselor referred the client to seek diagnosis and treatment from a physician, osteopathic physician, naturopathic physician, psychiatric registered nurse practitioner, advanced registered nurse practitioner, psychologist, or licensed mental health practitioner as defined by the secretary, and the client refused, in writing, to seek treatment from the other provider. The certified counselor may provide services to the client consistent with a treatment plan developed by the certified counselor and the consultant or supervisor with whom the certified counselor has a written consultation or supervisory agreement. A certified counselor shall not be a sole treatment provider for a client with a global assessment of functioning score of less than fifty.
246-810-021
What are the qualifications to become a certified counselor or certified
adviser?
(1) Certified Counselor
(b) Unless eligible for certification under subsection (a) of this section, applicants for certified counselor are required to:
(2) Certified Adviser
246-810-022
(1) To be considered a counseling-related bachelors degree, the degree must be from a recognized education program or institution, the degree must have required the equivalent of at least four years of full-time study, and at least one third of the completed courses must have included one or more of subjects listed in (4) below.
(2) To be considered a counseling-related associate degree, the degree must be from a recognized education program or institution, the degree must have required the equivalent of at least two years of full-time study and a supervised internship, and at least one quarter of the completed courses must have included one or more of subjects listed in (4) below.
(3) An advanced or graduate degree from a recognized educational program or institution in any of the subject areas listed in (4) will be accepted as fulfilling the education requirement for certified counselor and certified adviser.
(4) Counseling-related subjects:
(5) Other training and/or experience in the subjects listed in (4) which was obtained outside of the degree program may be recognized by the Secretary as being equivalent to counseling-related courses.
246-810-023
What are the standards for certified counselor supervision, certified adviser
supervision, and certified counselor consultation?
Consultation requirement
246-810-024
(1) The supervisor or consultant shall have held a Washington State credential or credentials in counseling-related fields for at least a total of five years. Their current credential or credentials shall be valid and in good standing while serving as a supervisor or consultant.
(2) For purposes of this section, credentials which are considered to be counseling-related include credentials issued by the department for certified counselor, certified adviser, hypnotherapist, mental health counselor, marriage and family therapist, independent clinical social work, advanced social work, psychologist, chemical dependency professional, sex offender treatment provider, sex offender treatment provider affiliate, medical physician and physician assistant, osteopathic physician and physician assistant, advanced practice nurse practitioner, naturopathic physician, and until July 1, 2010, registered counselor. Additional types of credentials may be recognized by the Secretary as being counseling-related by policy.
(3) The supervisor or consultant shall not be a blood or legal relative or cohabitant of the credential holder, or someone who has acted as the credential holders counselor within the past two years. Nor shall a supervisor or consultant have a reciprocal arrangement with another credential holder where each is serving in a dual capacity with the other.
(4) The supervisor or consultant, prior to the commencement of any supervision or consultation, shall provide the certified counselor or certified adviser with a declaration, on a form provided by the department, documenting that the supervisor or consultant has met the requirements to serve as a supervisor or consultant, and how, when, and where the required education or training was obtained.
(5) The supervisor shall have completed education or training in:
(b) risk assessment,
(b) screening utilizing the global assessment of functioning scale,
(6) The consultant shall have completed education and training in:
(a) risk assessment,
(b) screening utilizing the global assessment of functioning scale,
A minimum of 18 credit hours during every yearly renewal cycle is required for certified counselors and certified advisers in order to renew their credential. At least three credit hours must be in professional law and ethics related to counseling. As established in WAC 246-12-220, a credit hour is defined as time actually spent in a course or other activities. A credit hour for time actually spent in a course can not be less than fifty minutes. as defined in WAC 246-12-220.
246-810-026
The first date for reporting the required continuing education shall begin with credential holders renewal date in 2011 for those first credentialed in 2009.
The continuing education program or course must be relevant to counseling and must contribute to the advancement, extension and enhancement of the professional competence of the credential holder. Relevant courses include those that are related to counseling theory and practice, courses in the kind of modality(ies) of counseling services provided the credential holder, courses in professional ethics, courses related to risk assessment and screening and referral of clients, and courses on Washington State law applicable to the professional practice of counseling.
Acceptable continuing education courses (including distance learning), seminars, workshops, training programs, and institutes are those which can be shown to contribute to the advancement, extension and enhancement of the professional competence of the counselor and are programs having a featured instructor, speaker(s) or panel approved by an industry-recognized local, state, national, international organization or institution of higher learning;
Distance learning programs, approved by an industry-recognized local, state, national or international organization or educational organization may be used to satisfy these requirements. These programs must require tests of comprehension upon completion. Distance learning programs are limited to 12 hours per reporting period.
Other learning experiences, such as serving on a panel, board or council, community service, research, peer consultation,
or publishing articles for professional publications are acceptable if: the experience can be shown to contribute to the advancement, extension and enhancement of the professional competence of the counselor. The experience is limited to 6 hours per reporting period.
246-810-028
What local, state, national, international organizations or institutions of
higher learning are recognized to provide continuing education for certified
counselor and certified adviser?
246-810-029
If a certified counselor or adviser prepares and presents a lecture or an
educational course, can it be credited toward meeting his or her own continuing
education requirement?
A certified counselor or certified adviser prepares and presents lectures or education that contributes to the professional competence of other counselors or mental health providers may accumulate the same number of hours obtained for continuing education purposes by attendees as required in WAC 246-12-220. The hours for presenting a specific topic lecture or education may only be used for continuing education credit once during each reporting period.
246-810-030
How does a certified counselor or certified adviser document continuing
education completed?
Acceptable documentation shall include transcripts, signed letters from course instructors, certificate of completion, or other formal certification, as required in chapter 246-12 WAC, Part 7.
Upon request by the secretary, documentation which demonstrates fulfillment of continuing education requirements must be provided by the credential holder.
246-810-031
What disclosure information must certified counselors and certified advisers
provide to clients? Client disclosure information.
Counselors must provide disclosure information to each client in accordance
with chapter 18.19 RCW prior to implementation of a treatment plan. The
disclosure information must be specific to the type of counseling service
offered; in language that can be easily understood by the client; and contain
sufficient detail to enable the client to make an informed decision whether or
not to accept treatment from the disclosing counselor.
Firms, agencies, or businesses having more than one counselor involved in a
client's treatment, may provide disclosure information general to that agency.
In these cases, the counselor would not be required to duplicate the information
disclosed by the agency.
Within the written disclosure statement required to be provided to and acknowledged by clients as defined in WAC 246-810-033, certified counselors and certified advisers must also include:
Information Required To Be Provided To Clients Of Certified Counselors, Certified Advisers, Registered Counselors, and Hypnotherapists
Sections 246-810-033 and 246-810-034 apply only to certified counselors, certified advisers, registered counselors, and hypnotherapists
246-810-033
What information must be provided to clients in the disclosure statement?
(1) The counselor must provide the following information to each counseling
client:
(a) Name of firm, agency, business, or counselor's practice.
(b) Counselor's business address and telephone number.
(c) Washington state registration number.
(d) The counselor's name and type of counseling they provide.
(e) The methods or techniques the counselor uses.
(f) The counselor's education, training, and experience.
(g) The course of treatment counseling planned
where known if known at the time of providing the disclosure
information.
(h) Billing information, including:
(i) Client's cost per each counseling session;
(ii) Billing practices, including any advance payments and refunds.
(2) Disclosure statement. The counselor must provide a disclosure statement to
each client. The following language must appear on every client's disclosure
statement:
"Counselors practicing counseling for a fee must be registered
credentialed with the department of health for the protection of the public
health and safety. Registration Credentialing of an
individual with the department does not include a recognition of any practice
standards, nor necessarily implies the effectiveness of any treatment." In
addition to the disclosure statement, the counselor must:
(a) Inform clients about the purpose of the Counselor Credentialing Act,
chapter 18.19 RCW. The purpose of the law regulating counselors is: (i) To
provide protection for public health and safety; and (ii) to empower the
citizens of the state of Washington by providing a complaint process against
those counselors who would commit acts of unprofessional conduct.
(b) Inform clients they have the right to choose counselors who best suit
their needs and purposes. (This subsection does not provide new rights or
supersede existing law.)
(c) Inform clients of the limits of confidentiality under RCW 18.19.180.
(d) Provide clients with a list of or copy of the acts of unprofessional
conduct in RCW 18.130.180 and the name, address, and contact telephone within
the department of health.
(e) Inform the client that they are not liable for any fees or charges for services rendered prior to receipt of the disclosure statement.
(3) Upon providing the required disclosure information to the client, the
counselor and client must sign and date a statement that:
(a) The counselor has provided the client with a copy of the required
disclosure information; and
(b) The client has read and understands the information. The date of
signature by each party is to be included at the time of signing.
(4) The department of health publishes an informational brochure to educate
and assist the public in understanding counselor responsibilities and client
rights and responsibilities. The counselor may photocopy and provide the
brochure to each client in conjunction with the disclosure information required
in this section. The counselor may not rely solely on the brochure published by
the department to meet the requirements of this section.
246-810-034
Is Ffailure to provide client disclosure information
a violation?
Failure to provide to the client any of the disclosure information as set forth in WAC
246-810-030 and 246-810-031, and as required by the law shall constitute an act of unprofessional conduct as defined in RCW 18.130.180(7).
Provisions Applicable To All Professions Regulated In This Chapter
Sections 246-810-035 and 246-810-034 apply to agency affiliated counselors, certified counselors, certified advisers, registered counselors, and hypnotherapists
246-810-035
What are the Rrecord keeping, and
retention, and disposal requirements?
(1) The counselor providing professional services to a client, shall document
services, except as provided in subsection (2) of this section. The
documentation shall include:
(a) Client name;
(b) The fee arrangement and record of payments;
(c) Dates counseling was received;
(d) Disclosure form, signed by counselor and client;
(e) The presenting problem(s) or purpose of counseling or diagnosis;
(f) Notation and results of formal consults, including information
obtained from other persons or agencies through a release of information;
(g) Progress notes sufficient to support responsible clinical practice for
the type of theoretical orientation/therapy the counselor uses.
(2) If a client requests that no treatment records be kept, and the counselor
agrees to the request, the request must be in writing and only the following
must be retained:
(a) Client name;
(b) Fee arrangement and record of payments;
(c) Dates counseling was received;
(d) Disclosure form, signed by counselor and client;
(e) Written request that no records be kept.
(3) The counselor must not agree to the request if maintaining records is
required by other state or federal law.
(4) All records must be kept for a period of five years following the last
visit. Within this five-year period, all records must be maintained safely, with
properly limited access.
Special provisions must be made for the retention or transferal of active or
inactive records from clients last seen inside of five years; and for continuity
of services in the event of a counselor going out of business, death or
incapacitation. Such special provisions may be made in a will or by having
another counselor review records with a client and recommend a course of action;
or other appropriate means as determined by the counselor.
(5) After the minimum records retention period is met for a client record,
the counselor may elect to dispose of the record. If the record is disposed of,
it shall be done in a secure and confidential manner. Proper disposal means
paper is shredded; electronic media is deleted, erased, or reformatted; and
other readable forms of media is defaced or rendered unusable or unreadable.
246-810-040
What are the requirements for the Rreporting of
suspected abuse or neglect of a child, dependent adult, or a developmentally
disabled person.?
As required by chapter 26.44 RCW, all counselors must report abuse or neglect
of a child, dependent adult, or developmentally disabled person when they have
reasonable cause to believe that such an incident has occurred.
The report shall be made to the local law enforcement agency or to the
department of social and health services at the first opportunity, but no longer
than forty-eight hours after there is reasonable cause to believe that the child
or adult has suffered abuse or neglect.
246-810-045
What are the requirements regarding Ffees paid in
advance by a client. ?
(1) Any practice of collecting fees in advance, as well as refund policies, must be disclosed in accordance with WAC
246-810-031 to the client before any funds are collected.246-810-049
What are the Ssexual misconduct regulations.?
(1) The definitions and prohibitions on sexual misconduct described in
chapter 246-16 WAC apply to counselors except WAC 246-16-100 (3) and (4).
(2) A counselor shall never engage, or attempt to engage, in the activities
listed in WAC 246-16-100(1) with a former patient, former client or former key
party.
246-810-060
What are the Mmandatory reporting requirements.?
(1) All reports required by this chapter shall be submitted to the department
as soon as possible, but no later than twenty days after a determination is
made.
(2) Reports made in accordance with WAC
246-810-061
What are the requirements for Hhealth care
institutions. ?
The chief administrator or executive officer or their designee of any hospital, nursing home, chemical dependency treatment programs as defined in chapter 70.96A RCW, drug treatment agency as defined in chapter 69.54 RCW, and public and private mental health treatment agencies as defined in RCW 71.05.020 (6) and (7), and 71.24.025(3), shall report to the department when any counselor's services are terminated or are restricted based upon a determination that the counselor has committed an act which may constitute unprofessional conduct or that the counselor may be unable to practice with reasonable skill or safety to clients by reason of a mental or physical condition. Reports are to be made in accordance with WAC
246-810-060.246-810-062
What are the requirements for Ccounselor
associations or societies . ?
The president or chief executive officer of any counselor association or
society within this state shall report to the department when the association or
society determines that a registered counselor has committed
unprofessional conduct or that a counselor may not be able to practice
counseling with reasonable skill and safety to clients as the result of any
mental or physical condition. The report required by must be made regardless of
whether the counselor appeals, accepts, or acts upon the association or
society's determination. The report must include notification of appeal. Reports
must meet the requirements of WAC
The executive officer of every health care service contractor and disability insurer, licensed under chapters 48.20, 48.21, 48.21A, and 48.44 RCW, operating in the state of Washington shall report to the department all final determinations that a counselor has engaged in fraud in billing for services. Reports are to be made in accordance with WAC
246-810-060.246-810-064
What are the requirements for Pprofessional
liability carriers . ?
Every institution or organization providing professional liability insurance directly or indirectly to counselors shall send a complete report to the department of any malpractice settlement, award, or payment in excess of twenty thousand dollars as a result of a claim or action for damages alleged to have been caused by an insured counselor's incompetency or negligence in the practice of counseling. Such institution or organization shall also report the award, settlement, or payment of three or more claims during a twelve-month period as a result of the counselor's alleged incompetence or negligence in the practice of counseling. Reports are to be made in accordance with WAC
246-810-060.246-810-065
What is requested from Ccourts .
?
The department requests the assistance of the clerk of trial courts within
the state to report all professional malpractice judgments and all convictions
of counselors, other than minor traffic violations.
246-810-066
What is requested from Sstate and federal
agencies . ?
The department requests the assistance of executive officers of any state or
federal program operating in the state of Washington, under which a counselor is
employed to provide client care services, to report to the department whenever
such a counselor has been judged to have demonstrated his/her incompetency or
negligence in the practice of counseling, or has otherwise committed
unprofessional conduct, or may not be able to practice with reasonable skill and
safety by reason of any mental or physical condition. These requirements do not
supersede any federal or state law.
246-810-080
What are the requirements for AIDS prevention and information education?
requirements.
Applicants must complete four clock hours of AIDS education as required in
chapter 246-12 WAC, Part 8.
246-810-990
What are the Counselors fees and renewal cycle .
?
(1) Under chapter 246-12 WAC, Part 2, a counselor must renew his or
her registration credential every year on the
practitioner's birthday. The secretary may require payment of renewal fees less
than those established in this section if the current level of fees is likely to
result in a surplus of funds. Surplus funds are those in excess of the amount
necessary to pay for the costs of administering the program and to maintain a
reasonable reserve. Notice of any adjustment in the required payment will be
provided to practitioners. The adjustment in the required payment shall remain
in place for the duration of a renewal cycle to assure practitioners an equal
benefit from the adjustment.
Additional Provisions Applicable Only To Registered Counselors
246-810-991
What are the transitional dates regarding the registered counselor credential?
(1) The department of health will not issue any new registered counselor credentials after July 1, 2009.
(2) Provided all fees are paid and requirements are satisfied, individuals with a current or prior credential as a registered counselor may renew and/or reinstate their credential. However, no registered counselor credential will be renewed or reinstated beyond June 30, 2010.
(2) To continue to practice counseling, all registered counselors must obtain a different counseling credential by July 1,2010
(3) All registered counselor credentials are abolished at 12:01 am on July 1, 2010.
Frequently Asked Questions
Regarding Draft Changes To WAC 246-810 For Certified Counselor, Certified Adviser,
Agency Affiliated Counselor, and Hypnotherapist
Background
Legislation passed in 2008 will result in significant changes to the registered counselor credential in 2009 and 2010:
Timelines:
New Credentials:
Questions and Answers Regarding Timelines:
Question: I would like to begin a new counseling practice in July, 2009. Can I become a registered counselor at that time?
Answer: You will not be able to obtain a new registered counselor credential after July 1, 2009 (this year). You may obtain a new registered counselor credential before July 2, 2009, and practice under that registered counselor credential until the date that all registered counselor credentials are abolished - on July 1, 2010 (next year). If you expect to begin counseling after June 30 of this year, and have never had a registered counselor credential, you will need to apply for and obtain a credential other than registered counselor before you can begin counseling.
Question: I am currently a registered counselor. Can I renew and practice under this credential until July 1, 2010?
Answer: Yes.
Question: I had a credential as a registered counselor, but let it expire. Can I reactivate the credential?
Answer: Yes, you can reactive the expired credential, but it will only be renewed through June 30, 2010, because all registered counselor credentials will be abolished on July 1, 2010.
Question: When can I apply for one of the new eight credentials?
Answer: Applications can be submitted beginning July 1, 2010.
Question: Im planning on applying for one of the new credentials. How quickly will I receive it?
Answer: Processing time will vary greatly depending on the type of credential you are applying for. Credential types which do not require verification of education or experience, or an examination, such as Agency Affiliated Counselor and Chemical Dependency Professional Trainee can be processed with fewer steps and will require less time to issue the credential. Other credential types which require verification and review of documentation such as education, training, and experience may require much time to complete before the credentials can be issued.
Questions and Answers Regarding the Rule Definition Section
Question: Why do the draft rules still refer to registered counselor?
Answer: Because the registered counselor credential will remain valid and will not be abolished until July 1, 2010, existing rules and regulations will remain in effect for registered counselors until that date.
Question: I noticed that there is a definition of counseling has been added in the draft rules. Where did this come from?
Answer: This definition of counseling has been in the counselor statute (RCW 18.19) for many years. It had not been included in the rules until now, and is being added to improve and add clarity to the rules.
Questions and Answers Regarding the Exemption Rule Section
Question: Is it correct that certain practices and settings are exempted from requiring a credential to practice counseling.
Answer: Yes the legislature has identified these exemptions in statute. See section 246-810-011 "Which activities and individuals are exempt from these rules?" in the draft rules.
Question: Are these exemptions new?
Answer: Only one of the eight areas of exemption is new - 246-810-011(7) peer counselors. The other exemptions have been in statute for many years.
Questions and Answers Regarding the State Employee Rule Section
Question: Im a state employee where I provide counseling services. Do I have to have a credential?
Answer: Yes, unless you work in one of the settings that is exempt.
Question: Is this a new requirement?
Answer: No, it has been part of the counseling statute for many years. What is new is that instead of obtaining a registered counselor credential, state employees will obtain a registration for agency affiliated counselor. (State employees providing hypnotherapy services will continue to obtain the hypnotherapist registration.)
Questions and Answers Regarding the Agency Affiliated Counselor Rules Section
Question: I am a state employee and provide counseling services as part of my job. When I apply for an agency affiliated counselor, will I need to document my degree and take a test?
Answer: No. Agency affiliated counselor is a new registration, and does not require documentation of a degree or an examination. However, as with all credentials, applicants for agency affiliated counselor will have to show proof of having completed a course on AIDs/HIV, and pass a criminal background check. In addition, in the future, continuing education requirements may be established in order to renew your agency affiliated counselor registration. (See continuing education questions and answers.)
Question: Im a registered counselor but I dont work for a state agency, nor for an agency or facility operated, licensed, or certified by the state. Can I register as an agency affiliated counselor?
Answer: No, you do not qualify for an agency affiliated counselor registration. In order to continue counseling, you will need to apply for and obtain a credential other than agency affiliated counselor by the end of June, 2010.
Question: Im not a state employee, but I work for a facility that is licensed by the state. I dont see my facility listed in the rules as being recognized. Can my facility request to be recognized, so that I can be register as an agency affiliated counselor?
Answer: Your facility can request to be recognized, but a review will have to be conducted to confirm that the facility is licensed or certified. A process for such reviews is being developed.
Questions and Answers Regarding the Certified Counselor and Adviser Rules Section
Question: I will have just a month less than five years as a registered counselor at the end of June, 2010. When I apply for certified counselor, will I have to show that I have a bachelors degree in a counseling-related field? Also, will I be required to have supervision arrangement instead of consultation arrangement?
Answer: Yes to both. Since you will have been a registered counselor for less than five years at the time the registered counselor credential is abolished, you will have to show proof of the degree, and you will be required to have supervision instead of consultation.
Question: My degree is in a counseling-related field, but it isnt one that is listed in the rules. Can I request that my degree be recognized?
Answer: Yes. A review process to recognize degrees in additional areas is being developed.
Question: Will I able to obtain a reading list so that I can study for the examination?
Answer: Yes. A reference list will be developed and distributed for the examination.
Question: A friend and I are both applying for certified counselor. Can we act as supervisor or consultants to each other to satisfy that requirement?
Answer: No. The draft rules prohibit such dual role relationships.
Question: Will there be more detailed standards on supervision and consultation?
Answer: It is anticipated that additional rules will be developed on these standards after the year of transition. An advisory committee will be appointed, and will be available to assist in the further development and improvement of the standards.
Questions and Answers Regarding Continuing Education Rules Section
Question: What are the continuing education requirements for agency affiliated counselors?
Answer: The establishment of continuing education requirements for Agency Affiliated Counselors is permitted under the statute enacted by the Legislature. However, the legislation requires that the Secretary of Health consult with all state agencies that utilize Agency Affiliated Counselors before adopting these requirements. Since all state agencies that will utilize Agency Affiliated Counselors will not be known until these credentials begin to be issued in 2009, the establishment of Agency Affiliated Counselor continuing education requirements will not occur at this time.
CERTIFICATION OF ENROLLMENT
SECOND SUBSTITUTE HOUSE BILL 2674
60th Legislature
2008 Regular Session
Passed by the House March 8, 2008
Yeas 90 Nays 3
Speaker of the House of Representatives
Passed by the Senate March 6, 2008
Yeas 44 Nays 3
President of the Senate
CERTIFICATE
I, Barbara Baker, Chief Clerk of
the House of Representatives of
the State of Washington, do hereby
certify that the attached is SECOND SUBSTITUTE HOUSE BILL 2674
as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Chief Clerk
Approved
Governor of the State of Washington
FILED
Secretary of State
State of Washington
_____________________________________________
SECOND SUBSTITUTE HOUSE BILL 2674
_____________________________________________
AS AMENDED BY THE SENATE
Passed Legislature - 2008 Regular Session
State of Washington 60th Legislature 2008 Regular Session
By House Appropriations (originally sponsored by Representatives
Barlow, Morrell, Moeller, Conway, Simpson, and Kenney; by request of
Governor Gregoire)
READ FIRST TIME 02/12/08.
1 AN ACT Relating to modifying credentialing standards for
2 counselors; amending RCW 18.19.020, 18.19.030, 18.19.040, 18.19.050,
3 18.19.060, 18.19.090, 18.19.100, 18.225.010, 18.225.020, 18.225.150,
4 18.205.020, 18.205.030, and 18.205.040; adding new sections to chapter
5 18.19 RCW; adding a new section to chapter 18.225 RCW; adding a new
6 section to chapter 18.205 RCW; creating new sections; and providing an
7 effective date.
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
9 Sec. 1. RCW 18.19.020 and 2001 c 251 s 18 are each amended to read
10 as follows:
11 ((Unless the context clearly requires otherwise,)) The definitions
12 in this section apply throughout this chapter unless the context
13 clearly requires otherwise.
14 (1) "Agency" means an agency or facility operated, licensed, or
15 certified by the state of Washington.
16 (2) "Agency affiliated counselor" means a person registered under
17 this chapter who is engaged in counseling and employed by an agency.
18 (3) "Certified adviser" means a person certified under this chapter
p. 1 2SHB 2674.PL
1 who is engaged in private practice counseling to the extent authorized
2 in section 4 of this act.
3 (4) "Certified counselor" means a person certified under this
4 chapter who is engaged in private practice counseling to the extent
5 authorized in section 4 of this act.
6 (5) "Client" means an individual who receives or participates in
7 counseling or group counseling.
8 (((2))) (6) "Counseling" means employing any therapeutic
9 techniques, including but not limited to social work, mental health
10 counseling, marriage and family therapy, and hypnotherapy, for a fee
11 that offer, assist or attempt to assist an individual or individuals in
12 the amelioration or adjustment of mental, emotional, or behavioral
13 problems, and includes therapeutic techniques to achieve sensitivity
14 and awareness of self and others and the development of human
15 potential. For the purposes of this chapter, nothing may be construed
16 to imply that the practice of hypnotherapy is necessarily limited to
17 counseling.
18 (((3))) (7) "Counselor" means an individual, practitioner,
19 therapist, or analyst who engages in the practice of counseling to the
20 public for a fee, including for the purposes of this chapter,
21 hypnotherapists.
22 (((4))) (8) "Department" means the department of health.
23 (((5))) (9) "Hypnotherapist" means a person registered under this
24 chapter who is practicing hypnosis as a modality.
25 (10) "Private practice counseling" means the practice of counseling
26 by a certified counselor or certified adviser as specified in section
27 4 of this act.
28 (11) "Psychotherapy" means the practice of counseling using
29 diagnosis of mental disorders according to the fourth edition of the
30 diagnostic and statistical manual of mental disorders, published in
31 1994, and the development of treatment plans for counseling based on
32 diagnosis of mental disorders in accordance with established practice
33 standards.
34 (12) "Secretary" means the secretary of the department or the
35 secretary's designee.
36 Sec. 2. RCW 18.19.030 and 2001 c 251 s 19 are each amended to read
37 as follows:
2SHB 2674.PL p. 2
1 ((No)) A person may not, ((for a fee or)) as a part of his or her
2 position as an employee of a state agency, practice counseling without
3 being registered to practice as an agency affiliated counselor by the
4 department under this chapter unless exempt under RCW 18.19.040.
5 NEW SECTION.
Sec. 3. A new section is added to chapter 18.19 RCW6 to read as follows:
7 A person may not, for a fee or as a part of his or her position as
8 an employee of a state agency, practice hypnotherapy without being
9 registered to practice as a hypnotherapist by the department under this
10 chapter unless exempt under RCW 18.19.040.
11 NEW SECTION.
Sec. 4. A new section is added to chapter 18.19 RCW12 to read as follows:
13 The scope of practice of certified counselors and certified
14 advisers consists exclusively of the following:
15 (1) Appropriate screening of the client's level of functional
16 impairment using the global assessment of functioning as described in
17 the fourth edition of the diagnostic and statistical manual of mental
18 disorders, published in 1994. Recognition of a mental or physical
19 disorder or a global assessment of functioning score of sixty or less
20 requires that the certified counselor or certified adviser refer the
21 client to a physician, osteopathic physician, psychiatric registered
22 nurse practitioner, or licensed mental health practitioner, as defined
23 by the secretary, for diagnosis and treatment;
24 (2) Certified counselors and certified advisers may counsel and
25 guide a client in adjusting to life situations, developing new skills,
26 and making desired changes, in accordance with the theories and
27 techniques of a specific counseling method and established practice
28 standards, if the client has a global assessment of functioning score
29 greater than sixty;
30 (3) Certified counselors may counsel and guide a client in
31 adjusting to life situations, developing new skills, and making desired
32 changes if the client has a global assessment of functioning score of
33 sixty or less if:
34 (a) The client has been referred to the certified counselor by a
35 physician, osteopathic physician, psychiatric registered nurse
36 practitioner, or licensed mental health practitioner, as defined by the
p. 3 2SHB 2674.PL
1 secretary, and care is provided as part of a plan of treatment
2 developed by the referring practitioner who is actively treating the
3 client. The certified counselor must adhere to any conditions related
4 to the certified counselor's role as specified in the plan of care; or
5 (b) The certified counselor referred the client to seek diagnosis
6 and treatment from a physician, osteopathic physician, psychiatric
7 registered nurse practitioner, or licensed mental health practitioner,
8 as defined by the secretary, and the client refused, in writing, to
9 seek treatment from the other provider. The certified counselor may
10 provide services to the client consistent with a treatment plan
11 developed by the certified counselor and the consultant or supervisor
12 with whom the certified counselor has a written consultation or
13 supervisory agreement. A certified counselor shall not be a sole
14 treatment provider for a client with a global assessment of functioning
15 score of less than fifty.
16
Sec. 5. RCW 18.19.040 and 2001 c 251 s 20 are each amended to read17 as follows:
18 Nothing in this chapter may be construed to prohibit or restrict:
19 (1) The practice of a profession by a person who is either
20 registered, certified, licensed, or similarly regulated under the laws
21 of this state and who is performing services within the person's
22 authorized scope of practice, including any attorney admitted to
23 practice law in this state when providing counseling incidental to and
24 in the course of providing legal counsel;
25 (2) The practice of counseling by an employee or trainee of any
26 federal agency, or the practice of counseling by a student of a college
27 or university, if the employee, trainee, or student is practicing
28 solely under the supervision of and accountable to the agency, college,
29 or university, through which he or she performs such functions as part
30 of his or her position for no additional fee other than ordinary
31 compensation;
32 (3) The practice of counseling by a person ((without a mandatory
33 charge)) for no compensation;
34 (4) The practice of counseling by persons offering services for
35 public and private nonprofit organizations or charities not primarily
36 engaged in counseling for a fee when approved by the organizations or
37 agencies for whom they render their services;
2SHB 2674.PL p. 4
1 (5) Evaluation, consultation, planning, policy-making, research, or
2 related services conducted by social scientists for private
3 corporations or public agencies;
4 (6) The practice of counseling by a person under the auspices of a
5 religious denomination, church, or organization, or the practice of
6 religion itself;
7 (7) The practice of counseling by peer counselors who use their own
8 experience to encourage and support people with similar conditions or
9 activities related to the training of peer counselors; and
10 (8) Counselors ((whose residency is not)) who reside outside
11 Washington state from providing up to ten days per quarter of training
12 or workshops in the state, as long as they ((don't)) do not hold
13 themselves out to be registered or certified in Washington state.
14
Sec. 6. RCW 18.19.050 and 2001 c 251 s 21 are each amended to read15 as follows:
16 (1) In addition to any other authority provided by law, the
17 secretary has the following authority:
18 (a) To adopt rules, in accordance with chapter 34.05 RCW, necessary
19 to implement this chapter;
20 (b) To set all registration, certification, and renewal fees in
21 accordance with RCW 43.70.250 and to collect and deposit all such fees
22 in the health professions account established under RCW 43.70.320;
23 (c) To establish forms and procedures necessary to administer this
24 chapter;
25 (d) To hire clerical, administrative, and investigative staff as
26 needed to implement this chapter;
27 (e) To issue a registration or certification to any applicant who
28 has met the requirements for registration or certification; and
29 (f) To ((develop a dictionary of recognized professions and
30 occupations providing counseling services to the public included under
31 this chapter)) establish education equivalency, examination,
32 supervisory, consultation, and continuing education requirements for
33 certified counselors and certified advisers.
34 (2) The uniform disciplinary act, chapter 18.130 RCW, governs the
35 issuance and denial of registrations and certifications and the
36 discipline of registrants under this chapter. The secretary shall be
37 the disciplining authority under this chapter. ((The absence of
p. 5 2SHB 2674.PL
1 educational or training requirements for counselors registered under
2 this chapter or the counselor's use of nontraditional nonabusive
3 therapeutic techniques shall not, in and of itself, give the secretary
4 authority to unilaterally determine the training and competence or to
5 define or restrict the scope of practice of such individuals.))
6 (3) The department shall publish and disseminate information ((in
7 order)) to educate the public about the responsibilities of counselors,
8 the types of counselors, and the rights and responsibilities of clients
9 established under this chapter. ((Solely for the purposes of
10 administering this education requirement,)) The secretary ((shall)) may
11 assess an additional fee for each application and renewal((, equal to
12 five percent of the fee. The revenue collected from the assessment fee
13 may be appropriated by the legislature for the department's use in
14 educating consumers pursuant to this section. The authority to charge
15 the assessment fee shall terminate on June 30, 1994)) to fund public
16 education efforts under this section.
17
Sec. 7. RCW 18.19.060 and 2001 c 251 s 22 are each amended to read18 as follows:
19 ((Persons registered under this chapter)) Certified counselors and
20 certified advisers shall provide clients at the commencement of any
21 program of treatment with accurate disclosure information concerning
22 their practice, in accordance with guidelines developed by the
23 department, that will inform clients of the purposes of and resources
24 available under this chapter, including the right of clients to refuse
25 treatment, the responsibility of clients for choosing the provider and
26 treatment modality which best suits their needs, and the extent of
27 confidentiality provided by this chapter, the department, another
28 agency, or other jurisdiction. The disclosure statement must inform
29 the client of the certified counselor's or certified adviser's
30 consultation arrangement or supervisory agreement as defined in rules
31 adopted by the secretary. The disclosure information provided by the
32 certified counselor or certified adviser, the receipt of which shall be
33 acknowledged in writing by the certified counselor or certified adviser
34 and the client, shall include any relevant education and training, the
35 therapeutic orientation of the practice, the proposed course of
36 treatment where known, any financial requirements, referral resources,
37 and such other information as the department may require by rule. The
2SHB 2674.PL p. 6
1 disclosure information shall also include a statement that
2 ((registration)) the certification of an individual under this chapter
3 does not include a recognition of any practice standards, nor
4 necessarily imply the effectiveness of any treatment. Certified
5 counselors and certified advisers must also disclose that they are not
6 credentialed to diagnose mental disorders or to conduct psychotherapy
7 as defined by the secretary by rule. The client is not liable for any
8 fees or charges for services rendered prior to receipt of the
9 disclosure statement.
10
Sec. 8. RCW 18.19.090 and 1991 c 3 s 24 are each amended to read11 as follows:
12 ((The secretary shall issue a registration to any applicant who
13 submits, on forms provided by the secretary, the applicant's name,
14 address, occupational title, name and location of business, and other
15 information as determined by the secretary, including information
16 necessary to determine whether there are grounds for denial of
17 registration or issuance of a conditional registration under this
18 chapter or chapter 18.130 RCW. Applicants for registration shall
19 register as counselors or may register as hypnotherapists if employing
20 hypnosis as a modality. Applicants shall, in addition, provide in
21 their titles a description of their therapeutic orientation,
22 discipline, theory, or technique.)) (1) Application for agency
23 affiliated counselor, certified counselor, certified adviser, or
24 hypnotherapist must be made on forms approved by the secretary. The
25 secretary may require information necessary to determine whether
26 applicants meet the qualifications for the credential and whether there
27 are any grounds for denial of the credential, or for issuance of a
28 conditional credential, under this chapter or chapter 18.130 RCW. The
29 application for agency affiliated counselor, certified counselor, or
30 certified adviser must include a description of the applicant's
31 orientation, discipline, theory, or technique. Each applicant shall
32 pay a fee determined by the secretary as provided in RCW 43.70.250,
33 which shall accompany the application.
34 (2) Applicants for agency affiliated counselor must provide
35 satisfactory documentation that they are employed by an agency or have
36 an offer of employment from an agency.
p. 7 2SHB 2674.PL
1 (3) At the time of application for initial certification,
2 applicants for certified counselor prior to July 1, 2010, are required
3 to:
4 (a) Have been registered for no less than five years at the time of
5 application for an initial certification;
6 (b) Have held a valid, active registration that is in good standing
7 and be in compliance with any disciplinary process and orders at the
8 time of application for an initial certification;
9 (c) Show evidence of having completed course work in risk
10 assessment, ethics, appropriate screening and referral, and Washington
11 state law and other subjects identified by the secretary;
12 (d) Pass an examination in risk assessment, ethics, appropriate
13 screening and referral, and Washington state law, and other subjects as
14 determined by the secretary; and
15 (e) Have a written consultation agreement with a credential holder
16 who meets the qualifications established by the secretary.
17 (4) Unless eligible for certification under subsection (3) of this
18 section, applicants for certified counselor or certified adviser are
19 required to:
20 (a)(i) Have a bachelor's degree in a counseling-related field, if
21 applying for certified counselor; or
22 (ii) Have an associate degree in a counseling-related field and a
23 supervised internship, if applying for certified adviser;
24 (b) Pass an examination in risk assessment, ethics, appropriate
25 screening and referral, and Washington state law, and other subjects as
26 determined by the secretary; and
27 (c) Have a written supervisory agreement with a supervisor who
28 meets the qualifications established by the secretary.
29 (5) Each applicant shall include payment of the fee determined by
30 the secretary as provided in RCW 43.70.250.
31 NEW SECTION.
Sec. 9. A new section is added to chapter 18.19 RCW32 to read as follows:
33 Agency affiliated counselors shall notify the department if they
34 are either no longer employed by the agency identified on their
35 application or are now employed with another agency, or both. Agency
36 affiliated counselors may not engage in the practice of counseling
37 unless they are currently affiliated with an agency.
2SHB 2674.PL p. 8
1
Sec. 10. RCW 18.19.100 and 1996 c 191 s 5 are each amended to read2 as follows:
3 The secretary shall establish administrative procedures,
4 administrative requirements, continuing education, and fees for renewal
5 of ((registrations)) credentials as provided in RCW 43.70.250 and
6 43.70.280. When establishing continuing education requirements for
7 agency affiliated counselors, the secretary shall consult with the
8 appropriate state agency director responsible for licensing,
9 certifying, or operating the relevant agency practice setting.
10
Sec. 11. RCW 18.225.010 and 2001 c 251 s 1 are each amended to11 read as follows:
12 ((Unless the context clearly requires otherwise,)) The definitions
13 in this section apply throughout this chapter unless the context
14 clearly requires otherwise.
15 (1) "Advanced social work" means the application of social work
16 theory and methods including emotional and biopsychosocial assessment,
17 psychotherapy under the supervision of a licensed independent clinical
18 social worker, case management, consultation, advocacy, counseling, and
19 community organization.
20 (2) "Applicant" means a person who completes the required
21 application, pays the required fee, is at least eighteen years of age,
22 and meets any background check requirements and uniform disciplinary
23 act requirements.
24 (3) "Associate" means a prelicensure candidate who has a graduate
25 degree in a mental health field under RCW 18.225.090 and is gaining the
26 supervision and supervised experience necessary to become a licensed
27 independent clinical social worker, a licensed advanced social worker,
28 a licensed mental health counselor, or a licensed marriage and family
29 therapist.
30 (4) "Committee" means the Washington state mental health
31 counselors, marriage and family therapists, and social workers advisory
32 committee.
33 (((4))) (5) "Department" means the department of health.
34 (((5))) (6) "Disciplining authority" means the department.
35 (((6))) (7) "Independent clinical social work" means the diagnosis
36 and treatment of emotional and mental disorders based on knowledge of
37 human development, the causation and treatment of psychopathology,
p. 9 2SHB 2674.PL
1 psychotherapeutic treatment practices, and social work practice as
2 defined in advanced social work. Treatment modalities include but are
3 not limited to diagnosis and treatment of individuals, couples,
4 families, groups, or organizations.
5 (((7))) (8) "Marriage and family therapy" means the diagnosis and
6 treatment of mental and emotional disorders, whether cognitive,
7 affective, or behavioral, within the context of relationships,
8 including marriage and family systems. Marriage and family therapy
9 involves the professional application of psychotherapeutic and family
10 systems theories and techniques in the delivery of services to
11 individuals, couples, and families for the purpose of treating such
12 diagnosed nervous and mental disorders. The practice of marriage and
13 family therapy means the rendering of professional marriage and family
14 therapy services to individuals, couples, and families, singly or in
15 groups, whether such services are offered directly to the general
16 public or through organizations, either public or private, for a fee,
17 monetary or otherwise.
18 (((8))) (9) "Mental health counseling" means the application of
19 principles of human development, learning theory, psychotherapy, group
20 dynamics, and etiology of mental illness and dysfunctional behavior to
21 individuals, couples, families, groups, and organizations, for the
22 purpose of treatment of mental disorders and promoting optimal mental
23 health and functionality. Mental health counseling also includes, but
24 is not limited to, the assessment, diagnosis, and treatment of mental
25 and emotional disorders, as well as the application of a wellness model
26 of mental health.
27 (((9))) (10) "Secretary" means the secretary of health or the
28 secretary's designee.
29
Sec. 12. RCW 18.225.020 and 2001 c 251 s 2 are each amended to30 read as follows:
31 A person must not represent himself or herself as a licensed
32 advanced social worker, a licensed independent clinical social worker,
33 a licensed mental health counselor, ((or)) a licensed marriage and
34 family therapist, a licensed social work associate--advanced, a
35 licensed social work associate--independent clinical, a licensed mental
36 health counselor associate, or a licensed marriage and family therapist
37 associate, without being licensed by the department.
2SHB 2674.PL p. 10
1 NEW SECTION.
Sec. 13. A new section is added to chapter 18.2252 RCW to read as follows:
3 (1) The secretary shall issue an associate license to any applicant
4 who demonstrates to the satisfaction of the secretary that the
5 applicant meets the following requirements for the applicant's practice
6 area and submits a declaration that the applicant is working toward
7 full licensure in that category:
8 (a) Licensed social worker associate--advanced or licensed social
9 worker associate--independent clinical: Graduation from a master's
10 degree or doctoral degree educational program in social work accredited
11 by the council on social work education and approved by the secretary
12 based upon nationally recognized standards.
13 (b) Licensed mental health counselor associate: Graduation from a
14 master's degree or doctoral degree educational program in mental health
15 counseling or a related discipline from a college or university
16 approved by the secretary based upon nationally recognized standards.
17 (c) Licensed marriage and family therapist associate: Graduation
18 from a master's degree or doctoral degree educational program in
19 marriage and family therapy or graduation from an educational program
20 in an allied field equivalent to a master's degree or doctoral degree
21 in marriage and family therapy approved by the secretary based upon
22 nationally recognized standards.
23 (2) Associates may not provide independent social work, mental
24 health counseling, or marriage and family therapy for a fee, monetary
25 or otherwise. Associates must work under the supervision of an
26 approved supervisor.
27 (3) Associates shall provide each client or patient, during the
28 first professional contact, with a disclosure form according to RCW
29 18.225.100, disclosing that he or she is an associate under the
30 supervision of an approved supervisor.
31 (4) The department shall adopt by rule what constitutes adequate
32 proof of compliance with the requirements of this section.
33 (5) Applicants are subject to the denial of a license or issuance
34 of a conditional license for the reasons set forth in chapter 18.130
35 RCW.
36 (6) An associate license may be renewed no more than four times.
p. 11 2SHB 2674.PL
1
Sec. 14. RCW 18.225.150 and 2001 c 251 s 15 are each amended to2 read as follows:
3 The secretary shall establish by rule the procedural requirements
4 and fees for renewal of a license or associate license. Failure to
5 renew shall invalidate the license or associate license and all
6 privileges granted by the license. If an associate license has lapsed,
7 the person shall submit an updated declaration, in accordance with
8 rules adopted by the department, that the person is working toward full
9 licensure. If a license has lapsed for a period longer than three
10 years, the person shall demonstrate competence to the satisfaction of
11 the secretary by taking continuing education courses, or meeting other
12 standards determined by the secretary. If an associate license has
13 lapsed, the person shall submit an updated declaration, in accordance
14 with rules adopted by the department, that the person is working toward
15 full licensure.
16
Sec. 15. RCW 18.205.020 and 1998 c 243 s 2 are each amended to17 read as follows:
18 ((Unless the context clearly requires otherwise,)) The definitions
19 in this section apply throughout this chapter unless the context
20 clearly requires otherwise.
21 (1) "Certification" means a voluntary process recognizing an
22 individual who qualifies by examination and meets established
23 educational prerequisites, and which protects the title of practice.
24 (2) "Certified chemical dependency professional" means an
25 individual certified in chemical dependency counseling, under this
26 chapter.
27 (3) "Certified chemical dependency professional trainee" means an
28 individual working toward the education and experience requirements for
29 certification as a chemical dependency professional.
30 (4) "Chemical dependency counseling" means employing the core
31 competencies of chemical dependency counseling to assist or attempt to
32 assist an alcohol or drug addicted person to develop and maintain
33 abstinence from alcohol and other mood-altering drugs.
34 (((4))) (5) "Committee" means the chemical dependency certification
35 advisory committee established under this chapter.
36 (((5))) (6) "Core competencies of chemical dependency counseling"
37 means competency in the nationally recognized knowledge, skills, and
2SHB 2674.PL p. 12
1 attitudes of professional practice, including assessment and diagnosis
2 of chemical dependency, chemical dependency treatment planning and
3 referral, patient and family education in the disease of chemical
4 dependency, individual and group counseling with alcoholic and drug
5 addicted individuals, relapse prevention counseling, and case
6 management, all oriented to assist alcoholic and drug addicted patients
7 to achieve and maintain abstinence from mood-altering substances and
8 develop independent support systems.
9 (((6))) (7) "Department" means the department of health.
10 (((7))) (8) "Health profession" means a profession providing health
11 services regulated under the laws of this state.
12 (((8))) (9) "Secretary" means the secretary of health or the
13 secretary's designee.
14
Sec. 16. RCW 18.205.030 and 2000 c 171 s 41 are each amended to15 read as follows:
16 No person may represent oneself as a certified chemical dependency
17 professional or certified chemical dependency professional trainee or
18 use any title or description of services of a certified chemical
19 dependency professional or certified chemical dependency professional
20 trainee without applying for certification, meeting the required
21 qualifications, and being certified by the department of health, unless
22 otherwise exempted by this chapter.
23
Sec. 17. RCW 18.205.040 and 1998 c 243 s 4 are each amended to24 read as follows:
25 Nothing in this chapter shall be construed to authorize the use of
26 the title "certified chemical dependency professional" or "certified
27 chemical dependency professional trainee" when treating patients in
28 settings other than programs approved under chapter 70.96A RCW.
29 NEW SECTION.
Sec. 18. A new section is added to chapter 18.20530 RCW to read as follows:
31 (1) The secretary shall issue a trainee certificate to any
32 applicant who demonstrates to the satisfaction of the secretary that he
33 or she is working toward the education and experience requirements in
34 RCW 18.205.090.
p. 13 2SHB 2674.PL
1 (2) A trainee certified under this section shall submit to the
2 secretary for approval a declaration, in accordance with rules adopted
3 by the department, that he or she is enrolled in an approved education
4 program and actively pursuing the experience requirements in RCW
5 18.205.090. This declaration must be updated with the trainee's annual
6 renewal.
7 (3) A trainee certified under this section may practice only under
8 the supervision of a certified chemical dependency professional. The
9 first fifty hours of any face-to-face client contact must be under
10 direct observation. All remaining experience must be under supervision
11 in accordance with rules adopted by the department.
12 (4) A certified chemical dependency professional trainee provides
13 chemical dependency assessments, counseling, and case management with
14 a state regulated agency and can provide clinical services to patients
15 consistent with his or her education, training, and experience as
16 approved by his or her supervisor.
17 (5) A trainee certification may only be renewed four times.
18 (6) Applicants are subject to denial of a certificate or issuance
19 of a conditional certificate for the reasons set forth in chapter
20 18.130 RCW.
21 NEW SECTION.
Sec. 19. A new section is added to chapter 18.19 RCW22 to read as follows:
23 The Washington state certified counselors and hypnotherapist
24 advisory committee is established.
25 (1) The committee is comprised of seven members. Two committee
26 members must be certified counselors or certified advisers. Two
27 committee members must be hypnotherapists. Three committee members
28 must be consumers and represent the public at large and may not hold
29 any mental health care provider license, certification, or
30 registration.
31 (2) Two committee members must be appointed for a term of one year,
32 two committee members must be appointed for a term of two years, and
33 three committee members must be appointed for a term of three years.
34 Subsequent committee members must be appointed for terms of three
35 years. A person may not serve as a committee member for more than two
36 consecutive terms.
2SHB 2674.PL p. 14
1 (3)(a) Each committee member must be a resident of the state of
2 Washington.
3 (b) A committee member may not hold an office in a professional
4 association for their profession.
5 (c) Advisory committee members may not be employed by the state of
6 Washington.
7 (d) Each professional committee member must have been actively
8 engaged in their profession for five years immediately preceding
9 appointment.
10 (e) The consumer committee members must represent the general
11 public and be unaffiliated directly or indirectly with the professions
12 credentialed under this chapter.
13 (4) The secretary shall appoint the committee members.
14 (5) Committee members are immune from suit in an action, civil or
15 criminal, based on the department's disciplinary proceedings or other
16 official acts performed in good faith.
17 (6) Committee members must be compensated in accordance with RCW
18 43.03.240, including travel expenses in carrying out his or her
19 authorized duties in accordance with RCW 43.03.050 and 43.03.060.
20 (7) The committee shall elect a chair and vice-chair.
21 NEW SECTION.
Sec. 20. To practice counseling, all registered22 counselors must obtain another health profession credential by July 1,
23 2010. The registered counselor credential is abolished July 1, 2010.
24 NEW SECTION.
Sec. 21. Sections 1, 2, 7 through 9, and 11 through25 19 of this act take effect July 1, 2009.
26 NEW SECTION.
Sec. 22. The department of health may not issue any27 new registered counselor credentials after July 1, 2009.
28 NEW SECTION.
Sec. 23. (1) The department of health shall report29 to the legislature and the governor by December 15, 2011, on:
30 (a) The number of registered counselors who become certified
31 counselors or certified advisers;
32 (b) The number, status, type, and outcome of disciplinary actions
33 involving certified counselors and certified advisers beginning on the
34 effective date of this section; and
p. 15 2SHB 2674.PL
1 (c) The state of education equivalency, examination, supervisory,
2 consultation, and continuing education requirements established under
3 this act.
4 (2) The department of health shall also report on cost savings or
5 expenditures to administer the provisions of this act and make
6 recommendations regarding future reports or evaluations.
7 NEW SECTION.
Sec. 24. If specific funding for the purposes of8 this act, referencing this act by bill or chapter number, is not
9 provided by June 30, 2008, in the omnibus appropriations act, this act
10 is null and void.
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2SHB 2674.PL p. 16