WSR 04-06-011

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed February 20, 2004, 2:17 p.m. ]

     Date of Adoption: October 31, 2003.

     Purpose: These rules assure that clients will have adequate information to decide whether or not to enter into counseling with the licensed counselor.

     Statutory Authority for Adoption: RCW 18.225.040.

      Adopted under notice filed as WSR 03-19-134 on September 17, 2003.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 3, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

February 20, 2004

M. C. Selecky

Secretary

OTS-5961.2


NEW SECTION
WAC 246-809-700   Client disclosure information.   Licensees must provide disclosure information to each client in accordance with chapter 18.225 RCW prior to implementation of a treatment plan. The disclosure information must be specific to the type of treatment service offered; in a 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 licensee.

     Firms, agencies, or businesses having more than one licensee involved in a client's treatment, may provide disclosure information general to that agency. In these cases, the licensee would not be required to duplicate the information disclosed by the agency.

     The disclosure information may be printed in a format of the licensee's choosing, but must include all required disclosure information per WAC 246-809-710.

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NEW SECTION
WAC 246-809-710   Required disclosure information.   (1) The following information shall be provided to each client at the commencement of any program of treatment:

     (a) Name of firm, agency, business, or licensee's practice;

     (b) Licensee's business address and telephone number;

     (c) Washington state license number;

     (d) The licensee's name;

     (e) The methods or treatment modality and therapeutic orientation the licensee uses;

     (f) The licensee's education, and training;

     (g) The course of treatment, when known;

     (h) Billing information, including:

     (i) Client's cost per each treatment session; and

     (ii) Billing practices, including any advance payments and refunds;

     (i) Clients are to be informed that they as individuals have the right to refuse treatment and the right to choose a practitioner and treatment modality which best suits their needs;

     (j) This subsection does not grant (clients) new rights and is not intended to supersede state or federal laws and regulations, or professional standards;

     (k) The licensee must provide department of health contact information to the client so the client may obtain a list of or copy of the acts of unprofessional conduct listed under RCW 18.130.180. Department of health contact information must include the name, address, and telephone number for the health professions complaint process.

     (2) Signatures are required of both the licensee providing the disclosure information and the client following a statement that the client had been provided a copy of the required disclosure information and the client has read and understands the information provided. The date of signature by each party is to be included at the time of signing.

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NEW SECTION
WAC 246-809-720   Failure to provide client disclosure information.   Failure to provide the client disclosure information required under WAC 246-809-700 and 246-809-710, and required under RCW 18.225.100, constitutes an act of unprofessional conduct as defined in RCW 18.130.180(7).

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