S-1228               _______________________________________________

 

                                                   SENATE BILL NO. 3901

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Senators Kreidler, McManus, Conner, Newhouse, Warnke, McDermott and Bauer

 

 

Read first time 2/8/85 and referred to Committee on Human Services and Corrections.

 

 


AN ACT Relating to counselors, social workers, mental health counselors, and marriage and family counselors; amending RCW 18.130.040 and 26.44.030; reenacting and amending RCW 18.120.020; adding a new chapter to Title 18 RCW; and making an appropriation.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:       PART I

                                                          REGISTRATION OF COUNSELORS

 

 

 

          NEW SECTION.  Sec. 1.     The qualifications and practices of counselors in this state are virtually unknown to potential clients.  Beyond the regulated practices of psychiatry and psychology, there are a considerable variety of disciplines, theories, and techniques employed by other counselors under a number of differing titles.  The legislature recognizes the right of all counselors to practice their skills freely, consistent with the requirements of the public health and safety, as well as the right of individuals to choose which counselors best suit their needs and purposes.  The legislature, however, takes note of the fact that there are serious charges of abuses in the counseling field reported by the media and public, including sexual conduct with clients, and there is sufficient evidence of abuses and a significant concern about the risks to the public health and safety posed by counselors engaged in the practice of counseling, under whatever title and style of practice, to warrant minimal regulation of the counseling field.

          The legislature finds and declares therefore that the requirements of sections 1 through 11 of this act for registering counselors in the business of counseling, for providing the new clients of counselors with information which will assist them in making informed consumer decisions, and for the protection of consumers from any unethical or deceptive practices which may be destructive to the mental or emotional health of the client, are necessary for the protection of the public health, safety, and welfare.

          This chapter shall not be construed as an endorsement of, nor does it warrant, the effectiveness or appropriateness of any counseling discipline, theory, technique, or treatment, nor necessarily imply the competence of any individual counselor.

 

          NEW SECTION.  Sec. 2.     No person may practice counseling or represent oneself as a counselor by use of any title or description without being registered to practice counseling by the department of licensing pursuant to this chapter unless exempted under section 4 of this act.

 

          NEW SECTION.  Sec. 3.     Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 1 through 11 of this act.

          (1) "Client" means an individual who receives or participates in counseling or group counseling, or who receives or participates in family counseling whether or not he or she has been identified as a client.

          (2) "Counseling" means employing any therapeutic techniques which offer, assist or attempt to assist an individual or individuals in the amelioration or adjustment of mental, emotional, or behavioral problems, and includes techniques to achieve sensitivity and awareness of self and others and the development of human potential, as determined by the director by rule.

          (3) "Counselor" means an individual, practitioner, therapist, or analyst who engages in the practice of counseling to the public for a fee, including for the purposes of this chapter, hypnotherapists.

          (4) "Department" means the department of licensing.

          (5) "Director" means the director of the department.

          (6) "Hypnotherapist" means an individual who practices by means of:

          (a) The induction of the hypnotic state in clients to increase motivation or alter behavioral patterns through the use of hypnosis, which includes but is not limited to direct and indirect methods of induction, waking hypnosis, verbal, subverbal, or nonverbal techniques of trance management;

          (b) Consultation with clients to determine nature of problems;

          (c) Preparing clients to enter hypnotic state by examining to determine the degree of physical and emotional suggestibility;

          (d) The induction of the hypnotic state in clients using individualized  methods and techniques of hypnosis based on interpretation of test results and the analysis of the clients' problems; and

          (e) The training of clients in self-hypnosis conditioning.

 

          NEW SECTION.  Sec. 4.     Nothing in sections 1 through 11 of this act shall be construed to prohibit 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) An employee, trainee, volunteer, or student of a federal, state, or local governmental agency, school, college, university, or licensed health care facility if his or her practice is performed solely under the supervision of and accountable to such agency, school, college,  university or health facility through which he or she performs such functions as part of his or her position for no additional fee other than ordinary compensation, if any, and as long as he or she does not represent himself or herself to the public as a counselor.

          (3) The practice of counseling by a person under the auspices and authority of any established or legally cognizable religious denomination if the activities and services are within the scope of the performance of the person's ministerial duties and for which no separate charge is made, as long as the person rendering the services remains accountable to the established authority thereof and does not represent himself or herself to the public as a counselor.

          (4) The practice of counseling by a person without charge as long as the person does not represent oneself to the public as a counselor.

          (5) The practice of counseling by persons offering services for public and private nonprofit organizations or charities when approved by the organizations or agencies for whom they render their services.

 

          NEW SECTION.  Sec. 5.     (1) In addition to any other authority provided by law, the director has the following authority:

          (a) To adopt rules, in accordance with chapter 34.04 RCW, necessary to implement this chapter;

          (b) To set all registration and renewal fees in accordance with RCW 43.24.086 and to collect and deposit all such fees in the health professions account established under RCW 43.24.072;

          (c) To establish forms and procedures necessary to administer this chapter;

          (d) To hire clerical, administrative, and investigative staff as needed to implement this chapter; and

          (e) To issue a registration to any applicant who has met the requirements for registration.

          (2) The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of registrations and the discipline of registrants under this chapter.  The director shall be the disciplining authority under this chapter.

          (3) The department shall publish and disseminate information in order to educate the public about the responsibilities of counselors and the rights of clients established under this chapter.

 

          NEW SECTION.  Sec. 6.     The director shall keep an official record of all proceedings, a part of which record shall consist of a register of all applicants for registration under this chapter, with the result of each application.

 

          NEW SECTION.  Sec. 7.     The director shall issue a registration to any applicant who submits, on forms provided by the director, the applicant's name, address, occupational title, name and location of business and other information as determined by the director, including information necessary to determine whether there are grounds for denial of registration or issuance of a conditional registration under this chapter or chapter 18.130 RCW.  Each applicant shall pay a fee determined by the director as provided in RCW 43.24.086, which shall accompany the application.

 

          NEW SECTION.  Sec. 8.     The director shall establish by rule the procedural requirements and fees for renewal of registrations.  Failure to renew shall invalidate the registration and all privileges granted by the registration.  Subsequent registration will require application and payment of a fee as determined by the director under RCW 43.24.086.

 

          NEW SECTION.  Sec. 9.     The following conduct, acts, or conditions constitute unprofessional conduct for persons registered or applicants for registration under this chapter and shall be grounds for discipline under RCW 18.130.160:

          (1) Unprofessional conduct as defined in the uniform disciplinary act, RCW 18.130.180;

          (2) Impaired ability to practice as described in RCW 18.130.170; and

          (3) Violations of this chapter.

 

          NEW SECTION.  Sec. 10.    Before commencing any form of voluntary counseling not involving a life-threatening emergency, counselors shall provide their clients with an accurate disclosure statement for the purpose of informed choice, in accordance with rules promulgated by the director, containing the following information:

          (1) Registration under this chapter is not to be construed as an endorsement of, nor does it warrant, the effectiveness or appropriateness of any counseling discipline, theory, technique, or course of treatment, nor necessarily imply the competence of any counselor.

          (2) Personal information regarding the counselor:

          (a) Name, business address, registration number, and phone number at which the counselor can be reached during regular business hours;

          (b) Any relevant education, training, and experience concerning counseling; and

          (c) Explanation of therapeutic orientation and areas of specialization.

          (3) Proposed course of counseling, including:

          (a) Type, length, and timing of sessions;

          (b) Special techniques employed;

          (c) Method of establishing therapeutic goals, including client's level of involvement in negotiating goals, and method and frequency of reviewing goals and the client's progress towards the goal;

          (d) Financial arrangements and requirements, including:  Charges per session, policy regarding scheduled sessions missed by counselor or client, other anticipated charges, and terms of payment.

          (4) List of acts of unprofessional conduct subject to discipline and the address and phone number for referring complaints, if any, to the department.

          (5) The legal right to refuse any part of treatment.

          (6) The complete disclosure of the limits of confidentiality as prescribed by sections 11 and 25 of this act.

          (7) Such other information as the director may determine by rule.

          The counselor shall sign the statement, procure the dated signature of the client, and deliver a copy to the client.  If the client is a minor or otherwise incompetent, the statement shall be signed by, and a copy delivered to, the parent or other legal guardian of the client, except where such disclosure is prevented by law, or when the minor has requested confidentiality and in the best judgment of the counselor such disclosure would unreasonably interfere with the course of treatment.

          In inpatient settings, the health facility shall provide its clients with the disclosure statement at the commencement of any program of counseling, and shall post the statement in a conspicuous location accessible to the client.

 

          NEW SECTION.  Sec. 11.    A person registered under this chapter shall not disclose any information acquired from clients by the counselor while serving in a professional capacity except:

          (1) With the written consent of that client or, in the case of death or disability, the client's personal representative or other person authorized to sue or the beneficiary of an insurance policy on the client's life, health, or physical condition;

          (2) That no person registered or certified  under this chapter is required to treat as confidential a communication that reveals the contemplation or commission of a crime or harmful act;

          (3) If the client is a minor, and the information acquired by the counselor indicates that the minor was the victim or subject of a crime, the counselor may testify fully upon any examination, trial, or other proceeding in which the commission of the crime is the subject of the inquiry;

          (4) If the client waives the privilege by bringing charges against the counselor; and

          (5) In response to a subpoena from a court of law.

                                                                             PART II

CERTIFICATION OF SOCIAL WORKERS, MENTAL HEALTH COUNSELORS, AND MARRIAGE AND FAMILY COUNSELORS

 

 

 

          NEW SECTION.  Sec. 12.    It is the intent and purpose of sections 12 through 27 of this act to protect the public by setting standards of qualification, education, training, and experience for professional social workers, mental health counselors, and marriage and family counselors, at the masters level.  By promoting high standards of professional performance, by requiring professional accountability, and by certificating those persons who seek to  practice under the title of certified master of social work, mental health counselor, or marriage and family counselor, sections 12 through 27 of this act provide a means of identifying those professionals who have achieved a particular level of competency.

          The legislature finds and declares that this chapter is in conformity with the guidelines, terms, and definitions for the regulation of health or health-related professions specified in chapter 18.120 RCW and with the recommendations issued by the state health coordinating council and the department of licensing.

 

          NEW SECTION.  Sec. 13.    Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 12 through 32 of this act:

          (1) "Department" means the department of licensing;

          (2) "Director" means the director of licensing;

          (3) "Certified marriage and family counselor" means a person certified to practice marriage and family counseling pursuant to section 18 of this act;

          (4) "Certified mental health counselor" means a person certified to practice mental health counseling pursuant to section 16 of this act;

          (5) "Certified social worker" means a person certified to practice social work pursuant to section 14 of this act.

 

          NEW SECTION.  Sec. 14.    (1) No person shall represent oneself as a certified social worker or describe one's activity as certified social work, or for remuneration render or offer to render service as a certified social worker to the public without first applying for and receiving a certificate from the department in accordance with this chapter.

          (2) "Certified social work practice" means the professional application of social work values, principles, and methods by individuals trained in accredited social work graduate programs and requires knowledge of human development and behavior, knowledge of social systems and social resources, and knowledge of and sensitivity to ethnic minority populations.  It includes, but is not necessarily limited to, evaluation and diagnosis, consultation, psychotherapy and counseling, prevention and educational services, administration, policy-making, research, and education directed toward client services.

          (3) An applicant for a certificate to practice social work shall submit to the department a written application on a form to be determined by the director together with the documentary evidence required to establish the applicant's educational attainment and other documentation that the director determines is necessary.  The applicant shall take any examination or examinations required under this chapter.

          Upon approval of the application and payment of the fee required under section 20 of this act, the department shall issue the applicant a certificate.

          The department shall not knowingly permit access to or use of its mailing list of certified social workers for commercial purposes.

          (4) Qualifications for certification of a social worker are:

          (a) A minimum of a master's degree from an accredited graduate school of social work which is approved by the director;

          (b) A minimum of two years of post-master's degree social work practice under the supervision of a certified social worker under this chapter or a person deemed acceptable to the director, such experience consisting of at least thirty hours per week for two years or at least twenty hours per week for three years; and

          (c) Successful completion of the examination  identified in section 20(1)(b) of this act, unless the applicant qualifies under an exemption pursuant to subsection (5) or (6) of this section.

          Applicants shall be subject to the grounds for denial or issuance of a conditional certificate under chapter 18.130 RCW.

          (5) Upon receiving a written application, evidence of qualification, and the required fee, the director may issue a certificate to practice without examination to an applicant who is currently credentialed as a social worker under the laws of another state, territory, or foreign country so long as the requirements of the other jurisdiction are substantially similar to the requirements of this chapter.

          (6) Except as provided in subsection (7) of this section, an applicant is exempt from the examination provisions of this chapter under the following conditions if application for exemption is made within twelve months after the effective date of this act:

          (a) The applicant shall establish to the satisfaction of the director that he or she has been engaged in the practice of social work as defined in this chapter for two of the previous four years; and

          (b) The applicant has the following academic qualifications:  (i) A doctorate or master's degree in social work from an accredited graduate school of social work; and (ii) two years of postgraduate social work experience under the supervision of a social worker who qualifies for certification under this chapter or under the supervision of any other professional deemed appropriate by the director.

          (7) A person certified under this chapter who is or desires to be temporarily retired from the practice of social work in this state shall send written notice to the director.  Upon receipt of the notice, the person shall be placed upon the nonpracticing list.  While on the list, the person is not required to pay the renewal fees and shall not engage in practice as a certified social worker in this state.  In order to resume practice, application for renewal shall be made in the ordinary course with the renewal fee for the current period.  Persons in a nonpracticing status for a period exceeding five years shall provide evidence of current knowledge or skill, by examination, as the director may require.

          (8) This section does not prohibit:

          (a) The practice of social work by students attending a school of social work approved by the director during an internship approved by that school, or other training approved by the director.  Students enrolled in recognized programs of study leading to social work degrees may practice only under supervision of professionals deemed appropriate by the director;

          (b) The offering of counseling or guidance by any other profession or calling, licensed under state law, or under standards of that profession, if the individual or group of individuals offering the counseling or guidance does not hold oneself out to the public by title as a certified social worker;

          (c) The delivery of social services by a person employed by the federal or state government or a political subdivision of the state; and

          (d) The rendering of social services if the title or description as a certified social worker is not used by the person or persons rendering the services.

 

          NEW SECTION.  Sec. 15.    (1) Within ninety days of the effective date of this act, the director shall appoint a social worker advisory committee composed of five members, one member initially appointed for a term of one year, two for a term of two years, and two for a term of three years.  Thereafter, all appointments shall be for terms of three years.  No person may serve as a member of the committee for more than two consecutive terms.

          The director may remove any member for cause as specified by rule.  In the case of a vacancy, the director shall appoint a person to serve for the remainder of the unexpired term.

          (2) The social work advisory committee shall meet at the times and places designated by the chair and shall hold meetings during the year as necessary to transact business.  The committee shall elect a chair and a secretary from among its members, who shall have a one-year term or until a successor is elected.

          Each member of the committee shall be reimbursed for travel expenses necessarily incurred while engaged in the authorized business of the committee as provided in RCW 43.03.050 and 43.03.060.  In addition, members of the committee shall be compensated in accordance with RCW 43.03.240 when engaged in the authorized business of the committee.

          (3) (a) Members of the advisory committee shall be residents of this state.  The committee shall include:

          (i) Four persons qualified under section 14 of this act; and

          (ii) One person who is a member of the public.

          (b) Except for the public member, the initial members of the board shall be presumed to be eligible for certification and, after the effective date of this chapter, shall be certified.

 

          NEW SECTION.  Sec. 16.    (1) No person may represent himself or herself as a certified mental health counselor by title or description, or for remuneration render or offer to render service as a certified mental health counselor to the public without first applying for and receiving a certificate from the department in accordance with this chapter.

          (2) "Certified mental health counselor" means a person certified under this section who is trained in mental health counseling, with emphasis on individual and group mental health counseling, designed to assist individuals and groups in achieving more effective personal, interpersonal, social, educational, and vocational development and adjustment, and who renders or offers to render mental health counseling services to individuals, groups, organizations, corporations, institutions, government agencies, or the general public for a fee, monetary or otherwise, implying that he or she is certified and trained, experienced, or expert in mental health counseling and who holds a certificate to practice mental health counseling.  The "practice of a certified mental health counselor" is defined as rendering or offering to render to individuals, groups, organizations, corporations, institutions, government agencies, or the general public a mental health counseling service utilizing a "wellness" model rather than an "illness" model in the application of therapeutic principles, methods, or procedures of mental health counseling to assist the client in achieving effective personal, organizational, institutional, social, educational, vocational development and adjustment and to assist the client in achieving independence and autonomy in the helping relationship.  "Certified therapeutic procedures" means engaging in methods and techniques that include, but are not restricted to:  Counseling, appraisal, consulting, referral, counselor education, and research activities.

          (3) "Professional education and supervision" of a certified mental health counselor refers to the information required of an applicant who files an application upon a form designed by the director, in consultation with the advisory committee, presenting satisfactory evidence to the director that:

          (a) The applicant has met the educational requirements of this chapter; and

          (b) The applicant has participated in a postgraduate experience in mental health counseling under supervision as defined in this chapter.

          (4) Applications for certification shall be submitted on forms provided by the director.  The director may require any information and documentation which reasonably relates to the need to determine whether the applicant meets the criteria for certification established in this chapter and chapter 18.130 RCW.  Each applicant shall pay a fee determined by the director under RCW 43.24.086, which shall accompany the application.

          The department shall not knowingly permit access to or use of its mailing list of certificate holders for commercial purposes.

          (5) (a) A certificate to practice mental health counseling shall be granted upon completion of the following requirements:

          (i) The award of a master's or doctoral degree in mental health counseling or a related field;

          (ii) Completion of at least thirty graduate semester hours or forty-five graduate quarter hours in the field of mental health counseling or the substantial equivalent in both subject content and extent of training;

          (iii) Postgraduate supervised mental health counseling practice which meets standards established by the director; and

          (iv) Qualification by an examination, submission of all necessary documents, and payment of required fees.

          (b) No applicant may come before the director for examination without the initial educational and supervisory credentials as required by this chapter.

          (6) For one year beginning on the effective date of this act, a person may apply for certification without examination, however if the applicant's credentials are not adequate to establish competence to the director's satisfaction, the director may require an examination of the applicant during the initial certification period.  For the initial certification period, an applicant shall:

          (a) Submit a completed application as required by the director, who may require that the statements on the application be made under oath, and accompanied by the application fee set by the director;

          (b) Have:

          (i) A master's or doctoral degree in counseling or a related field; and

          (ii) Twenty-four months of postgraduate professional experience working in a mental health counseling setting that meets the requirements established by the director; or

          (c) Within six months have submitted a completed application as required by the director accompanied by the application fee set by the director and a request for waiver from the requirements of subsection (6)(b) of this section, with documentation to show that the applicant has alternative training and experience equivalent to formal education and supervised experience required for certification.

          (7) (a) This section shall not be construed to limit or prevent the practice of a profession or to restrict a person from counseling if the person does not hold himself or herself out to the public by title or description of practice and procedure as being a certified mental health counselor.

          (b) This section does not apply to the activities and services of a student, intern, or trainee in mental health counseling pursuing a course of study in mental health counseling in an accredited school if the activities are performed under supervision and constitute a part of the supervised course of study.

          (c) This section does not apply to the activities and services of a rabbi, priest, minister, or clergy of any religious denomination or sect if the activities and services are within the scope of the performance of the person's regular or specialized ministerial duties and for which no separate charge is made, or if the activities are performed, with or without charge, for or under the auspices or sponsorship, individually or in conjunction with others, of an established or legally  cognizable church, denomination, or sect, if the persons rendering the services remain accountable to the established authority thereof and do not misrepresent themselves as mental health counselors.

          (d) This section does not apply to the activities, title, and descriptions of persons offering volunteer services for public and private nonprofit organizations or charities if the persons are not certified under this chapter, are not called certified mental health counselors, and are approved by the organizations or  agencies for whom they render their services.

 

          NEW SECTION.  Sec. 17.    (1) Within ninety days of the effective date of this act, the director shall appoint an advisory committee for mental health counseling composed of five members, consisting of four members trained in the practice of mental health counseling and one public member.  The members of the committee shall be presumed to be eligible for certification and, after certification is established, must be certified under section 16 of this act.  Initially, two members shall be appointed for a term of one year, two for a term of two years, and one for a term of three years.  Thereafter, appointments shall be for terms of three years.  No person may serve as a member of the committee for more than two consecutive terms.

          The director may remove any member from the committee for neglect of duty required by law or for cause as specified by rule.  In the case of a vacancy, the director shall within forty-five days appoint a replacement to serve the remainder of the unexpired term.  Members of the committee shall be residents of the state.

          (2) The advisory committee shall meet at the times and places designated by the director and shall hold meetings during the year as necessary to transact business.  At the committee's organizational meeting, the committee shall elect a chair and a secretary from the members of the committee who shall serve a one-year term or until a successor is elected.

          Each member of the advisory committee shall be reimbursed for travel expenses necessarily incurred while engaged in the authorized business of the advisory committee as provided in in RCW 43.03.050 and 43.03.060.  In addition, members of the advisory committee shall be compensated in accordance with RCW 43.03.240 when engaged in the authorized business of the advisory committee.

 

          NEW SECTION.  Sec. 18.    (1) No person shall represent oneself as a certified marriage and family counselor or describe one's activity as certified marriage and family counseling, or for remuneration render or offer to render service as a certified marriage and family counselor to the public without first applying for and receiving a certificate from the department in accordance with this chapter.

          (2) "The practice of marriage and family counseling" means:  (a) The diagnosis and treatment of mental disorders arising from and/or resulting in impaired marriage and/or family relationships including, but not limited to, premarital and postdivorce relationships; and (b) the enhancement of marital and family relationships via use of educational, sociological, and psychotherapeutic theories and techniques.

          (3) The department shall issue a certificate to practice marriage and family counseling to an applicant upon submission of all necessary documents, payment of required fees, and completion of one of the following sets of qualifications:

          (a) (i) A masters or doctoral degree in marriage and family counseling or its equivalent which shows evidence of the following coursework:  (A) Marriage and family systems, (B) marriage and family therapy, (C) individual development, (D) assessment and diagnosis of psychopathology, (E) human sexuality, (F) research methods, (G) professional ethics and laws, and (H) a minimum of one year in the practice of marriage and family counseling under the supervision of a qualified marriage and family counselor;

          (ii) Two years of postgraduate practice of marriage and family counseling under the supervision of a qualified marriage and family counselor; and

          (iii) Passing scores on both written and oral examinations administered by the department of marriage and family counseling.

          (b) Or in the alternative:

          (i) Current credentialing as a marriage and family counselor in any state with requirements for certification substantially equivalent to those required by this chapter; and

          (ii) A masters or doctoral degree in marriage and family counseling or its equivalent plus two years of postgraduate practice of marriage and family counseling.

          (4) An applicant for a certificate to practice marriage and family counseling shall submit to the department a written application on a form to be determined by the director together with the documentary evidence required to establish the applicant's educational attainment and other documentation that the director determines is necessary.  The applicant shall take any examination or examinations required under this chapter.

          Upon approval of the application and payment of the fee required under section 23 of this act, the department shall issue the applicant a certificate.

          The department shall not knowingly permit access to or use of its mailing list of certificate holders for commercial purposes.

          (5) Upon receiving a written application, evidence of qualification, and the required fee, the director may issue a certificate to practice without examination to an applicant who is currently certified or licensed as a marriage and family counselor under the laws of another state, territory, or foreign country so long as the requirements of the other jurisdiction are substantially similar to the requirements of this chapter.

          (6) Except as provided in subsection (7) of this section, an applicant is exempt from the examination provisions of this section under the following conditions if application for exemption is made within twelve months after the effective date of this act:

          (a) The applicant shall establish to the satisfaction of the director that he or she has been engaged in the practice of marriage and family counseling as defined in this chapter for two of the previous four years; and

          (b) The applicant has the following academic qualifications:  (i) A doctorate or master's degree in marriage and family counseling from an accredited graduate school; and (ii) two years of postgraduate experience under the supervision of a marriage and family counselor who qualifies for certification under this chapter or under the supervision of any other professional deemed appropriate by the director.

          (7) A person certified under this section who is or desires to be temporarily retired from the practice of marriage and family counseling in this state shall send written notice to the director.  Upon receipt of the notice, the person shall be placed upon the nonpracticing list.  While on the list, the person is not required to pay the renewal fees and shall not engage in practice as a certified marriage and family counselor in this state.  In order to resume practice, application for renewal shall be made in the ordinary course with the renewal fee for the current period.  Persons in a nonpracticing status for a period exceeding five years shall provide evidence of current knowledge or skill, by examination, as the director may require.

          (8) This section does not prohibit:

          (a) The practice of marriage and family counseling by students attending a school approved by the director during an internship approved by that school, or other training approved by the director.  Students enrolled in recognized programs of study leading to marriage and family counseling degrees may practice only under supervision of professionals deemed appropriate by the director;

          (b) The offering of counseling or guidance by any other profession or calling, licensed under state law, or under standards of that profession, if the individual or group of individuals offering the counseling or guidance does not hold oneself out to the public by title as a certified marriage and family counselor;

          (c) The delivery of services by a person employed by the federal or state government or a political subdivision of the state; and

          (d) The rendering of services if the title or description of certified marriage and family counselor is not used by the person or persons rendering the services.

 

          NEW SECTION.  Sec. 19.    (1) Within ninety days of the effective date of this act, the director shall appoint a marriage and family advisory committee composed of five members, one member initially appointed for a term of one year, two for a term of two years, and two for a term of three years.  Thereafter, all appointments shall be for terms of three years.  No person may serve as a member of the committee for more than two consecutive terms.

          The director may remove any member for cause as specified by rule.  In the case of a vacancy, the director shall appoint a person to serve for the remainder of the unexpired term.

          (2) The marriage and family advisory committee shall meet at the times and places designated by the chair and shall hold meetings during the year as necessary to transact business.  The committee shall elect a chair and a secretary from among its members, who shall have a one-year term or until a successor is elected.

          Each member of the committee shall be reimbursed for travel expenses necessarily incurred while engaged in the authorized business of the committee as provided in RCW 43.03.050 and 43.03.060.  In addition, members of the committee shall be compensated in accordance with RCW 43.03.240 when engaged in the authorized business of the committee.

          The department shall furnish to the committee secretarial, clerical, and other assistance as is necessary to effectively administer this chapter.

          (3) (a) Members of the advisory committee shall be residents of this state.  The committee shall include:

          (i) Four persons qualified under section 18 of this act; and

          (ii) One person who is a member of the public.

          (b) Except for the public member, the initial members of the board shall be presumed to be eligible for certification and, after the effective date of this chapter, shall be certified.

                                                                            PART III

                                                                 GENERAL PROVISIONS

 

 

 

          NEW SECTION.  Sec. 20.    (1) The director, in consultation with the appropriate advisory committee, has the following authority:

          (a) To set educational, ethical, and professional standards of practice;

          (b) To prepare and administer or cause to be prepared and administered an examination for all qualified applicants for certification;

          (c) To establish criteria for evaluating the ability and qualifications of persons applying for a certificate, including standards for passing the examination and standards of qualification for certification to practice;

          (d) To adopt rules, in accordance with chapter 34.04 RCW, necessary to implement this chapter;

          (e) To set all certification and renewal fees in accordance with RCW 43.24.086 and to collect and deposit all such fees in the health professions account established under RCW 43.24.072;

          (f) To establish forms and procedures necessary to administer this chapter;

          (g) To evaluate and designate those schools from which graduation will be accepted as proof of an applicant's eligibility to receive a certificate and to establish standards and procedures for accepting alternative training in lieu of such graduation;

          (h) To issue a certificate to any applicant who has met the education, training, and conduct requirements for certification;

          (i) To set competence requirements for maintaining certification; and

          (j) To hire clerical, administrative, and investigative staff as needed to implement this chapter.

          (2) The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of certifications and the discipline of certificated practitioners under this chapter.  The director shall be the disciplining authority under this chapter.

 

          NEW SECTION.  Sec. 21.    A certificate issued under this chapter shall be renewed as determined by the director who may establish rules governing continuing competence requirements.  An additional fee may be set by the director as a renewal requirement when certification has lapsed due to failure to renew prior to the expiration date.

 

          NEW SECTION.  Sec. 22.    (1) The date and location of the examinations required under this chapter shall be established by the director.  Applicants who have been found by the director to meet the other requirements for certification will be scheduled for the next examination following the filing of the application.  However, the applicant will not be scheduled for any examination taking place sooner than sixty days after the application is filed.

          (2) The director shall examine each applicant, by means determined most effective, on subjects appropriate to the scope of practice.  The examinations shall be limited to the purpose of determining whether the applicant possesses the minimum skill and knowledge necessary to practice competently and must meet generally accepted standards of fairness and validity for examinations.

          (3) The examination papers, all grading thereon, and the grading of any practical work shall be preserved for a period of not less than one year after the director has published the results.  All examinations shall be conducted by the director by means of fair and wholly impartial methods.

          (4) Any applicant who fails to make the required grade in the first examination is entitled to take up to three subsequent examinations as the applicant desires upon the prepayment of a fee determined by the director as provided in RCW 43.24.086 for each subsequent examination.  Upon failure of four examinations, the director may invalidate the original application and require remedial education prior to admittance to future examinations.

          (5) The director may approve an examination prepared and/or administered by a private testing agency or association of licensing agencies for use by an applicant in meeting the licensing requirement.

 

          NEW SECTION.  Sec. 23.    Applications for certification shall be submitted on forms provided by the director.  The director may require any information and documentation which reasonably relates to the need to determine whether the applicant meets the criteria for certification provided for in this chapter and chapter 18.130 RCW.   Each applicant shall pay a fee determined by the director as provided in RCW 43.24.086, which shall accompany the application.  The department shall not knowingly permit access to or use of its mailing list of certificate holders for commercial purposes.

 

          NEW SECTION.  Sec. 24.    The following conduct, acts, or conditions constitute unprofessional conduct for persons certified or applicants for certification under sections 12 through 19 of this act and shall be grounds for discipline under RCW 18.130.160:

          (1) Unprofessional conduct as defined in the uniform disciplinary act, RCW 18.130.180;

          (2) Impaired ability to practice as described in RCW 18.130.170;

          (3) Wilful action or communication that misleads a client or furnishes a client with information known to be erroneous;

          (4) Failure to report information required by law; and

          (5) Failure to refer clients to an appropriate health care professional if services needed are beyond the competency of the certificate holder.

          The private activities of individuals certified under this chapter or applicants for certification shall not furnish grounds for disciplinary action unless the actions materially affect the individual's practice.

 

          NEW SECTION.  Sec. 25.    An individual certified under this chapter shall not disclose any information acquired from persons consulting the individual in a professional capacity when that information was necessary to enable the individual to render professional services to those persons except:

          (1) With the written consent of that person or, in the case of death or disability, the person's personal representative, other person authorized to sue, or the beneficiary of an insurance policy on the person's life, health, or physical condition;

          (2) That a certificate holder is not required to treat as confidential a communication that reveals the contemplation or commission of a crime or harmful act;

          (3) If the person is a minor, and the information acquired by the certificate holder indicates that the minor was the victim or subject of a crime, the certificate holder may testify fully upon any examination, trial, or other proceeding in which the commission of the crime is the subject of the inquiry;

          (4) If the person waives the privilege by bringing charges against the certificate holder; or

          (5) In response to a subpoena from a court of law.

 

          NEW SECTION.  Sec. 26.    This chapter shall not be construed as permitting the administration or prescription of drugs or in any way infringing upon the practice of medicine and surgery as defined in chapter 18.71 RCW, or in any way infringing upon the practice of psychology as defined in chapter 18.83 RCW.

 

          NEW SECTION.  Sec. 27.    Certified social workers, mental health counselors, and family and marriage counselors shall provide their clients with an accurate disclosure statement as provided in section 10 of this act before commencing any form of voluntary counseling not involving a life-threatening emergency.

 

        Sec. 28.  Section 2, chapter 168, Laws of 1983 as last amended by section 18, chapter 9, Laws of 1984 and by section 57, chapter 279, Laws of 1984 and RCW 18.120.020 are each reenacted and amended to read as follows:

          The definitions contained in this section shall apply throughout this chapter unless the context clearly requires otherwise.

          (1)  "Applicant group" includes any health professional group or organization, any individual, or any other interested party which proposes that any health professional group not presently regulated be regulated or which proposes to substantially increase the scope of practice of the profession.

          (2)  "Certificate" and "certification" mean a voluntary process by which a statutory regulatory entity grants recognition to an individual who (a) has met certain prerequisite qualifications specified by that regulatory entity, and (b) may assume or use "certified" in the title or designation to perform prescribed health professional tasks.

          (3)  "Grandfather clause" means a provision in a regulatory statute applicable to practitioners actively engaged in the regulated health profession prior to the effective date of the regulatory statute which exempts the practitioners from meeting the prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks.

          (4) "Health professions" means and includes the following health and health-related licensed or regulated professions and occupations:  Podiatry under chapter 18.22 RCW; chiropractic under chapters 18.25 and 18.26 RCW; dental hygiene under chapter 18.29 RCW; dentistry under chapter 18.32 RCW; dispensing opticians under chapter 18.34 RCW; hearing aids under chapter 18.35 RCW; drugless healing under chapter 18.36 RCW; embalming and funeral directing under chapter 18.39 RCW; midwifery under chapter 18.50 RCW; nursing home administration under chapter 18.52 RCW; optometry under chapters 18.53 and 18.54 RCW; ocularists under chapter 18.55 RCW; osteopathy  and osteopathic medicine and surgery under chapters 18.57 and 18.57A RCW; pharmacy under chapters 18.64 and 18.64A RCW; medicine under chapters 18.71, 18.71A, and 18.72 RCW; emergency medicine under chapter 18.73 RCW; physical therapy under chapter 18.74 RCW; practical nurses under chapter 18.78 RCW; psychologists under chapter 18.83 RCW; registered nurses under chapter 18.88 RCW;  occupational therapists licensed pursuant to chapter 18.59 RCW; veterinarians and animal technicians under chapter 18.92 RCW; ((and)) massage practitioners under chapter 18.108 RCW; and registered counselors, certified social workers, certified mental health counselors, and certified marriage and family counselors under chapter 18... RCW (sections 1 through 27 of this 1985 act).

          (5)  "Inspection" means the periodic examination of practitioners by a state agency in order to ascertain whether the practitioners' occupation is being carried out in a fashion consistent with the public health, safety, and welfare.

          (6)  "Legislative committees of reference" means the standing legislative committees designated by the respective rules committees of the senate and house of representatives to consider proposed legislation to regulate health professions not previously regulated.

          (7)  "License", "licensing", and "licensure" mean permission to engage in a health profession which would otherwise be unlawful in the state in the absence of the permission.  A license is granted to those individuals who meet prerequisite qualifications to perform prescribed health professional tasks and for the use of a particular title.

          (8)  "Professional license" means an individual, nontransferable authorization to carry on a health activity based on qualifications which include:  (a) Graduation from an accredited or approved program, and (b) acceptable performance on a qualifying examination or series of examinations.

          (9)  "Practitioner" means an individual who (a) has achieved knowledge and skill by practice, and (b) is actively engaged in a specified health profession.

          (10)  "Public member" means an individual who is not, and never was, a member of the health profession being regulated or the spouse of a member, or an individual who does not have and never has had a material financial interest in either the rendering of the health professional service being regulated or an activity directly related to the profession being regulated.

          (11)  "Registration" means the formal notification which, prior to rendering services, a practitioner shall submit to a state agency setting forth the name and address of the practitioner; the location, nature and operation of the health activity to be practiced; and, if required by the regulatory entity, a description of the service to be provided.

          (12)  "Regulatory entity" means any board, commission, agency, division, or other unit or subunit of state government which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state.

          (13)  "State agency" includes every state office, department, board, commission, regulatory entity, and agency of the state, and, where provided by law, programs and activities involving less than the full responsibility of a state agency.

 

        Sec. 29.  Section 4, chapter 279, Laws of 1984 and RCW 18.130.040 are each amended to read as follows:

          (1) This chapter applies only to the director and the boards having jurisdiction in relation to the professions licensed under the chapters specified in this section.  This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

          (2) (a) The director has authority under this chapter in relation to the following professions:

          (i) Dispensing opticians licensed under chapter 18.34 RCW;

          (ii) Drugless healers licensed under chapter 18.36 RCW;

          (iii) Midwives licensed under chapter 18.50 RCW;

          (iv) Ocularists licensed under chapter 18.55 RCW;

          (v) Psychologists licensed under chapter 18.83 RCW unless a disciplinary committee is established under chapter 18.83 RCW;

          (vi) Massage operators and businesses licensed under chapter 18.108 RCW; ((and))

          (vii) Dental hygienists licensed under chapter 18.29 RCW; and

          (viii) Counselors, social workers, mental health counselors, and marriage and family counselors registered or certified under chapter 18... RCW (sections 1 through 27 of this 1985 act).

          (b) The boards having authority under this chapter are as follows:

          (i) The podiatry board as established in chapter 18.22 RCW;

          (ii) The chiropractic disciplinary board as established in chapter 18.26 RCW governing licenses issued under chapter 18.25 RCW;

          (iii) The dental disciplinary board as established in chapter 18.32 RCW;

          (iv) The council on hearing aids as established in chapter 18.35 RCW;

          (v) The board of funeral directors and embalmers as established in chapter 18.39 RCW;

          (vi) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;

          (vii) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;

          (viii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;

          (ix) The medical disciplinary board as established in chapter 18.72 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;

          (x) The board of physical therapy as established in chapter 18.74 RCW;

          (xi) The board of occupational therapy practice as established in chapter 18.59 RCW;

          (xii) The board of practical nursing as established in chapter 18.78 RCW;

          (xiii) The board of nursing as established in chapter 18.88 RCW; ((and))

          (xiv) The veterinary board of governors as established in chapter 18.92 RCW.

          (3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section.  However, the board of chiropractic examiners has authority over issuance and denial of licenses provided for in chapter 18.25 RCW, the board of dental examiners has authority over issuance and denial of licenses provided for in RCW 18.32.040, and the board of medical examiners has authority over issuance and denial of licenses and registrations provided for in chapters 18.71 and 18.71A RCW.  This chapter governs any investigation, hearing, or proceeding relating to denial of licensure by the disciplining authority, the board of chiropractic examiners, the board of dental examiners, and the board of medical examiners, if adopted pursuant to this chapter by the disciplinary authority.

 

        Sec. 30.  Section 3, chapter 13, Laws of 1965 as last amended by section 3, chapter 97, Laws of 1984 and RCW 26.44.030 are each amended to read as follows:

          (1) When any practitioner, professional school personnel, registered or licensed nurse, certified social worker, certified mental health counselor, certified marriage and family counselor, registered counselor, clergy, psychologist, pharmacist, or employee of the department has reasonable cause to believe that a child or adult dependent person has suffered abuse or neglect, he shall report such incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.  The report shall be made at the first opportunity, but in no case longer than seven days after there is reasonable cause to believe that the child or adult has suffered abuse or neglect.

          (2) Any other person who has reasonable cause to believe that a child or adult dependent person has suffered abuse or neglect may report such incident to the proper law enforcement agency or to the department of social and health services as provided in RCW 26.44.040 as now or hereafter amended.

          (3) The department upon receiving a report of an incident of abuse or neglect pursuant to this chapter, involving a child or adult dependent person who has died or has had physical injury or injuries inflicted upon him other than by accidental means or who has been subjected to sexual abuse shall report such incident to the proper law enforcement agency.

          (4) Any law enforcement agency receiving a report of an incident of abuse or neglect pursuant to this chapter, involving a child or adult dependent person who has died or has had physical injury or injuries inflicted upon him other than by accidental means, or who has been subjected to sexual abuse, shall report such incident to the  proper county prosecutor or city attorney for appropriate action whenever the law enforcement agency's investigation reveals that a crime has been committed.

 

          NEW SECTION.  Sec. 31.    Sections 1 through 27 of this act shall constitute a new chapter in Title 18 RCW to be known as the omnibus credentialing act for counselors.

 

          NEW SECTION.  Sec. 32.    There is appropriated from the general fund to the department of licensing for the fiscal year ending June 30, 1986, the sum of .......... dollars, or so much thereof as may be necessary, to carry out the purposes of this act.

 

          NEW SECTION.  Sec. 33.    If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.