Frequently Asked Questions
“When will the new law regarding counselor regulation go into effect?”
The Registered Counselor credential will be abolished July 1, 2010, and all Registered Counselors must obtain another health profession credential by that date. Application for new credentials may be made beginning July 1, 2009.
“I am currently registered in Washington as a Counselor, will I be grandfathered into one of the new credentials?”
Not exactly. Grandfathering would mean being allowed to continue practice without having to fulfill any further requirements. However there are reduced requirements if you have 5+ years as a Registered Counselor and have no unresolved actionable complaints. If you qualify for this category, you will be required to take a course in ethics, risk assessment and referral, and Washington State law regarding counselors, and pass a test on those subjects. Once you have passed the test and have established a consultation agreement with an approved mental health professional, you may continue counseling under the new limited scope of practice for Certified Counselors.
“What if I was registered as a counselor for more than 5 years and let my registration lapse?”
If you renew your registration before the 7/1/09 cut-off date, there is a chance that you may still qualify for the category with fewer requirements. It’s well worth the investment to keep your registration current, as the requirements for starting over will be more stringent and expensive.
“What about Registered Counselors with less than 5 years experience?”
Newly trained counselors and/or Registered Counselors with less than 5 years experience will be required to have a bachelors degree in counseling or related field – fields that qualify will be specified in the rules (WACs). They will also be required to have a supervision agreement with a state-qualified supervisor, in order to practice as a Certified Counselor. The more limited Certified Adviser credential requires an associates degree and a supervision agreement with a state-qualified supervisor.
“How do I go about taking the test? How soon may I take the test?”
The test is not yet available, and will be established by the Department of Health (DOH) once the ‘rules’ are adopted for implementing the new law.
“Which courses are acceptable by the State?”
The DOH is expecting organizations such as WaProCA to provide a course in ethics, risk assessment, and Washington State law that will provide counselors with the training they need to pass the test. No courses have been developed yet, as we wait to learn of the requirements for testing from the DOH. Once these details have been established, the information will be available on the DOH website, and on the WaProCA website. www.waproca.org
In the meantime, however, it is advised to familiarize yourself with the Global Assessment of Functioning (GAF), as the new law specifies this as a basis for risk assessment, referral, and the limits to scope of practice.
“Will I be required to have continuing education? How many credits per year?”
The rule is not finalized, so we do not know for sure. However, it is likely that a minimum of 36 credit hours will be required every two (2) years, with six (6) of those credits related to ethics. ‘Approved’ continuing education training will likely include on-line courses and teaching a relevant course as well as attending a relevant training.
“What are the annual fees for the Certified Counselor credential?”
This has not yet been established by the DOH. Fees must be sufficient to cover the costs of issuing credentials and regulating each profession. The fee will depend upon the volume of activity and the number of persons who obtain the credential. Due to the increased workload associated with the implementation of the new Certified Counselor and Certified Advisor credentials, fees are expected to be increased.
In addition, some of our members who have called the DOH to ask about fee increases have been told that the increase is in part to cover the rise in cost for litigation. Between press coverage of problems related to counselor and the Health Professions Quality Assurance audit, the DOH may be seeing the need for increased oversight. Fee increases would be needed to cover the costs of that increased oversight.
“Will I be required to have supervision, if I have been a Registered Counselor for 5 years or more?”
No. Registered Counselors, with more than 5 years experience, must have a consultation agreement with an approved mental health professional - once they become certified. They will not be required to have supervision.
“Who can be a supervisor or a consultant?”
The requirements to become a supervisor or consultant have not yet been specified. Those requirements will be included in the rules, which are currently being developed. It is possible that, for a period of time, supervisors will be drawn from the other mental health professions. These include psychologists, psychiatrists, social workers, and other licensed mental health professionals.
“The new law states that supervision and consultation will continue throughout a Certified Counselors career. Why is this different from the requirements for all other counselors, social workers, and chemical dependency professionals?”
The legislature drafted these requirements in an atmosphere of concern regarding the qualifications and practice of registered counselors, mainly spurred by investigative reporting of alleged abuses. It’s not uncommon that many professions provide ‘supervision’ as a prerequisite to practice professionally, while no such prerequisite existed for Registered Counselors. Therefore, the desire to be very strict and protective of the public by requiring ongoing supervision.
Unfortunately, since supervision implies ‘legal liability’ on the part of the supervisor, the requirement for supervision in perpetuity for Certified Counselors may prove to be a near impossible requirement to fulfill. WaProCA is concerned that there will not be a sufficient number of professionals willing to take on liability for a certified counselor’s practice for the duration of their career. It remains to be seen whether this section of the law will prove workable or require changing.
WaProCA strongly encourages all Registered Counselors to submit comments to the DOH urging that there be language in the rule that mitigates the legal liability of supervisors. WaProCA suggests the following: “Nothing in these rules shall be construed as making supervisors legally or civilly responsible for misconduct, malpractice, or otherwise harmful acts of the supervised Certified Counselor. Termination of this supervised relationship, and selecting a new supervisor, shall be in writing.”
If you are submitting your comment to the DOH, or testifying at a public hearing on the rule, you may choose to point out that the current law may discourage counselors from becoming certified, if they feel that it will not be possible to meet the supervision requirement.
“Doesn’t arguing against supervision give the impression that Registered Counselors, now Certified Counselors, don’t wish to meet the professional standards set forth by the rest of the mental health profession?”
WaProCA has been advocating throughout the legislative process, and now in the rule-making process, for higher standards and increased professionalism. Our Code-of-Ethics states, “It is also expected that junior members within a discipline proactively seek out appropriate supervision from more senior members of that discipline, in accordance with common, professional expectations.” However, we want to make sure that the law and the rule actually support counselors in becoming certified. If the rule is written in such a way that it seems impossible for counselors to follow the requirements, we will not succeed in implementing those higher standards. At a time when the need for counselors is increasing, we must all work together to ensure that the result is to provide a higher quality of service and protection for clients, without imposing requirements that unnecessarily restrict individuals from being able to enter into professional practice as Certified Counselor or Advisor.
“As a Certified Counselor will I be able to get professional liability insurance?”
Professional liability insurance should remain available with the usual carriers. When the final proposed rule is released we encourage you to contact your insurance carrier and check to see if any changes are necessary to your policy in order for you to continue your professional liability coverage.
“As a Certified Counselor will clients be able to use their insurance to cover the cost of working with me? Can I diagnose and treat?”
By law Certified Counselors will not be allowed to diagnose or treat mental illness. In most instances insurance companies will not reimburse you, since as a Certified Counselor you will not be able to use the diagnostic codes required for most insurance reimbursement. However, some self-insured company plans may cover the services of a Certified Counselor. It is also possible that if you are seeing a client who was referred to you by a licensed professional, such as an MD, insurance may cover your services as part of the licensed professional’s overall treatment plan.
“What kind of counseling does not involve diagnosis and treatment?”
The new law states that:
“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.
The first part of this definition refers to mental, emotional, and behavioral problems which may indeed require diagnosis and treatment through a medical model counseling modality. When diagnosis and treatment are required, that kind of counseling will now be limited to licensed mental health practitioners.
However, as we can see from the legal definition of counseling, one does not need to have a diagnosable mental, emotional, or behavioral problem in order to seek counseling. There are many counseling modalities that help clients improve their self awareness, develop their potential, and cope creatively with problems in their home, work, and community environments. It’s only when these stresses and problems in the client’s outer world lead to diagnosable mental health disorders – in which treating the client goes beyond the Certified Counselor’s scope of practice.
“I have been a Registered Counselor for a number of years, have a great deal of training in my field, maintain a very positive relationship with my clients, and I still read disparaging remarks about how meaningless this credential is.”
There was a great uproar in the press and in Olympia about the assumption that people were counseling without any training because there are no educational requirements for registration. Until 2007 even the DOH had very little data on Registered Counselors. When legislation based on these assumptions failed to pass in 2007, the DOH hired Gilmore Research Group to conduct a statistically valid survey of Registered Counselors and evaluate what skills and training they actually have (vs. what they are required to have.)
The Gilmore findings show that 46% of Registered Counselors have a Masters degree, 4% have Doctoral degrees, and 22% have a Bachelors degree in counseling, or a closely related field. 66% have had supervised internships, and over half are working with other professionals who oversee their counseling – all without any requirement to do so!
WaProCA takes every opportunity to inform and increase the understanding of decision makers about the excellent qualifications of the majority of Registered Counselors.
“Why were there no educational standards originally set for Registered Counselors?”
1. In 1987 when the Registered Counselor credential was established, registration was instituted specifically for the protection of clients. This meant that clients of Registered Counselors would have recourse to the DOH under the Uniform Disciplinary Act in the event their counselor behaved unethically or abusively. Otherwise, as with coaches and other professionals who operate under a business license and are not subject to professional disciplinary action by the DOH, clients would not have any recourse other than a civil suit regarding bad business practices.
2. The Registered Counselor credential has included counselors who specialize in many diverse forms of counseling and personal growth not taught in universities and/or not licensed in Washington State. There are Registered Counselors who are Jungian analysts, psychoanalysts, and those who have advanced degrees in Human Development, Transpersonal Psychology, Body Centered Psychotherapy. Other registered counselors specialize in Somatic Experiencing, Hakomi, Voice Dialogue, Bio Energetics, to name just a few modalities that are very beneficial to clients but are not taught in degree programs. There are also Registered Counselors who do a great job helping their clients with smoking cessation, diet and exercise programs, stress management, etc., and do not require an advanced degree in treating mental illness in order to be fully qualified for the work they do.
“How will the new educational requirements be made appropriate for such a diverse group of counselors?”
Registered Counselors may vary greatly in the modalities they use to work with their clients, but all counselors must treat their clients ethically and be able to accurately assess when a client is a danger to themselves or others and/or may require licensed mental health care for problems beyond the counselors scope of practice.
“How will the new credentials and standards benefit Registered Counselors?”
1. Counselors will finally and rightfully have a way to demonstrate their training to the public.
2. Requirements for consultation, supervision, training in ethics, and appropriate referral guidelines will foster cooperation, collaboration, and heightened accountability at all levels of the counseling professions.
3. Though, unfortunately, cases of unethical practice occur in all categories of mental health practice (licensed, registered, or certified), the new law will help to ensure that only qualified professional counselors may practice in the State of Washington.
“How will the new standards benefit the public?”
The public wins with this new law because:
1. clients will continue to have protection through the DOH,
2. a broad range of services will continue to be available, including alternatives to the medical model approach to dealing with life’s daily challenges and stressors,
3. training in the essential areas of ethics, risk assessment, and referral will be standardized, and
4. by limiting the scope of practice, we can be sure that Certified Counselors will not be diagnosing and treating mental illness, unless specifically trained and otherwise licensed to do so.
“Why do we need both certified and licensed counselors?”
In a single word, choice!
1. A great deal of the brilliance, creativity, and innovation in counseling has traditionally come from sources outside of academia, and typically only years later do these forms of counseling become integrated into academic programs.
2. A troubling national trend is the movement toward pathologizing and increasingly medicating life’s ordinary stresses. While we require the expertise of licensed mental health professionals to diagnose and treat the mentally ill, we also must preserve access to counseling that is not based on a medical model of disease and treatment, and is instead rooted in presence, connection, and honoring each person’s innate wisdom.
“I have heard that passing a new law is only part of the process. How can I have a say in how the rules are developed to implement the new law?”
When a new law is passed, the next step in the process is the development of rules to implement the law through the Washington Administrative Code (WACs). The DOH will hold hearings and provide opportunities for public comment so that all stakeholders may have a say in these rules.
Here are some ways that you can participate:
1. Go to the DOH website and sign up for the registered counselor listserv at: http://listserv.wa.gov/cgi-bin/wa?A0=REGISTERED-COUNSELORS, and you will receive notification of hearings and public comment periods.
2. Read the new law so that you will better understand its implications, and how it may affect you.
Go to: http://apps.leg.wa.gov/documents/billdocs/2007-08/Pdf/Bills/House%20Passed%20Legislature/2674-S2.PL.pdf
3. Participate in the rule-making process. Show up for hearings, file your comments, make your voice heard.
4. Get to know your fellow professionals. Registered Counselors came very close to losing our right to practice because we had no organization. Nobody knew who we were, and we didn’t know each other. Washington Professional Counselors Association changed that. We have spent two years (and thousands of unpaid hours) actively working in Olympia, building relationships with lawmakers, and creating respect and recognition for private practice registered counselors. We have a listserv where Registered Counselors can keep up-to-date with each other and with the legal process. We have regular meetings in Seattle, WA, and you are welcome to attend. You can become a member, join the listserv, or get more information at www.waproca.org.
“What are the advantages of joining Washington Professional Counselors Association (WaProCA)?”
a. WaProCA is the only organization in Washington State advocating for the interests of Registered Counselors, and in the future Certified Counselors. If it had not been for this small group of pro-active and dedicated Registered Counselors, Registered Counselors in private practice would have permanently lost their right to practice as counselors in Washington State. Before this organization was formed, Registered Counselors had no representation in Olympia – our Capital.
b. WaProCA is one of very few organizations advocating for non-medical model approaches to counseling. We are dedicated to promoting and protecting innovation in the field of counseling, as well as protecting the public's right to choose both traditional and alternative approaches to developing human potential and exploring personal growth. We strive to educate the public as to the effectiveness, dependability and affordability of non-licensed professional counseling.
c. WaProCA is the “Go To” organization for information on changes in the laws that affect registered/certified counselors. We plan to offer training that will be required for our credential, and in the very near future we will offer a way for our professional members to list their services on our website.
d. WaProCA is an all-volunteer non-profit 501(c)6 organization depending solely on member dues and contributions. We can’t do it without you – please join us!