CERTIFICATION OF ENROLLMENT
SENATE BILL 5054
Chapter 351, Laws of 2019
(partial veto)
66TH LEGISLATURE
2019 REGULAR SESSION
BEHAVIORAL HEALTH LICENSE AND CERTIFICATION RECIPROCITY
EFFECTIVE DATE: July 28, 2019
Passed by the Senate April 23, 2019
  Yeas 46  Nays 0
CYRUS HABIB

President of the Senate
Passed by the House April 12, 2019
  Yeas 95  Nays 1
FRANK CHOPP

Speaker of the House of Representatives
CERTIFICATE
I, Brad Hendrickson, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5054 as passed by the Senate and the House of Representatives on the dates hereon set forth.
BRAD HENDRICKSON

Secretary
Secretary
Approved May 9, 2019 3:25 PM with the exception of sections 4, 5, and 6, which are vetoed.
FILED
May 13, 2019
JAY INSLEE

Governor of the State of Washington
Secretary of State
State of Washington

SENATE BILL 5054

AS AMENDED BY THE HOUSE
Passed Legislature - 2019 Regular Session
State of Washington
66th Legislature
2019 Regular Session
BySenators O'Ban, Brown, Conway, Wilson, L., Zeiger, Short, Van De Wege, and Wagoner
Prefiled 12/24/18.Read first time 01/14/19.Referred to Committee on Health & Long Term Care.
AN ACT Relating to increasing the behavioral health workforce by establishing a reciprocity program to increase the portability of behavioral health licenses and certifications; amending RCW 18.83.170, 18.205.140, and 18.225.140; adding a new section to chapter 18.83 RCW; adding a new section to chapter 18.205 RCW; adding a new section to chapter 18.225 RCW; and providing expiration dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 18.83.170 and 2004 c 262 s 12 are each amended to read as follows:
(1) Upon compliance with administrative procedures, administrative requirements, and fees determined under RCW 43.70.250 and 43.70.280, the board may grant a license, without oral examination, to any applicant who has not previously failed any examination held by the board of psychology of the state of Washington and furnishes evidence satisfactory to the board that the applicant:
(((1)))(a) Holds a doctoral degree with primary emphasis on psychology from an accredited college or university; and
(((2)(a)))(b)(i) Is licensed or certified to practice psychology in another state or country in which the requirements for such licensing or certification are, in the judgment of the board, essentially equivalent to those required by this chapter and the rules and regulations of the board. Such individuals must have been licensed or certified in another state for a period of at least two years; or
(((b)))(ii) Is a diplomate in good standing of the American Board of Examiners in Professional Psychology; or
(((c)))(iii) Is a member of a professional organization and holds a certificate deemed by the board to meet standards equivalent to this chapter.
(2)(a)(i) The department shall establish a reciprocity program for applicants for licensure as a psychologist in Washington.
(ii) The reciprocity program applies to applicants for a license as a psychologist who:
(A) Hold or have held within the past twelve months a credential in good standing from another state or territory of the United States which has a scope of practice that is substantially equivalent to or greater than the scope of practice for licensed psychologists as established under this chapter; and
(B) Have no disciplinary record or disqualifying criminal history.
(b) The department shall issue a probationary license to an applicant who meets the requirements of (a)(ii) of this subsection. The department must determine what deficiencies, if any, exist between the education and experience requirements of the other state's credential and, after consideration of the experience and capabilities of the applicant, determine whether it is appropriate to require the applicant to complete additional education or experience requirements to maintain the probationary license and, within a reasonable time period, transition to a full license. A person who holds a probationary license may only practice as a psychologist in a licensed or certified service provider, as defined in RCW 71.24.025. The department may place a reasonable time limit on a probationary license and may, if appropriate, require the applicant to pass a jurisprudential examination.
(c) The department must maintain and publish a list of credentials in other states and territories that the department has determined to have a scope of practice that is substantially equivalent to or greater than the scope of practice for licensed psychologists as established under this chapter. The department shall prioritize identifying and publishing the department's determination for the five states or territories that have historically had the most applicants for reciprocity under subsection (1) of this section with a scope of practice that is substantially equivalent to or greater than the scope of practice for licensed psychologists as established under this chapter.
Sec. 2. RCW 18.205.140 and 1998 c 243 s 14 are each amended to read as follows:
(1) An applicant holding a credential in another state may be certified to practice in this state without examination if the secretary determines that the other state's credentialing standards are substantially equivalent to the standards in this state.
(2)(a)(i) The department shall establish a reciprocity program for applicants for certification as a chemical dependency professional in Washington.
(ii) The reciprocity program applies to applicants for certification as a chemical dependency professional who:
(A) Hold or have held within the past twelve months a credential in good standing from another state or territory of the United States which has a scope of practice that is substantially equivalent to or greater than the scope of practice for certified chemical dependency professionals as established under this chapter; and
(B) Have no disciplinary record or disqualifying criminal history.
(b) The department shall issue a probationary certificate to an applicant who meets the requirements of (a)(ii) of this subsection. The department must determine what deficiencies, if any, exist between the education and experience requirements of the other state's credential and, after consideration of the experience and capabilities of the applicant, determine whether it is appropriate to require the applicant to complete additional education or experience requirements to maintain the probationary certificate and, within a reasonable time period, transition to a full certificate. A person who holds a probationary certificate may only practice as a chemical dependency professional in a licensed or certified service provider, as defined in RCW 71.24.025. The department may place a reasonable time limit on a probationary certificate and may, if appropriate, require the applicant to pass a jurisprudential examination.
(c) The department must maintain and publish a list of credentials in other states and territories that the department has determined to have a scope of practice that is substantially equivalent to or greater than the scope of practice for certified chemical dependency professionals as established under this chapter. The department shall prioritize identifying and publishing the department's determination for the five states or territories that have historically had the most applicants for reciprocity under subsection (1) of this section with a scope of practice that is substantially equivalent to or greater than the scope of practice for certified chemical dependency professionals as established under this chapter.
Sec. 3. RCW 18.225.140 and 2001 c 251 s 14 are each amended to read as follows:
(1) An applicant holding a credential in another state may be licensed to practice in this state without examination if the secretary determines that the other state's credentialing standards are substantially equivalent to the licensing standards in this state.
(2)(a)(i) The department shall establish a reciprocity program for applicants for licensure as an advanced social worker, an independent clinical social worker, a mental health counselor, or a marriage and family therapist in Washington.
(ii) The reciprocity program applies to applicants for a license as an advanced social worker, an independent clinical social worker, a mental health counselor, or a marriage and family therapist who:
(A) Hold or have held within the past twelve months a credential in good standing from another state or territory of the United States which has a scope of practice that is substantially equivalent to or greater than the scope of practice for the corresponding license as established under this chapter; and
(B) Have no disciplinary record or disqualifying criminal history.
(b) The department shall issue a probationary license to an applicant who meets the requirements of (a)(ii) of this subsection. The department must determine what deficiencies, if any, exist between the education and experience requirements of the other state's credential and, after consideration of the experience and capabilities of the applicant, determine whether it is appropriate to require the applicant to complete additional education or experience requirements to maintain the probationary license and, within a reasonable time period, transition to a full license. A person who holds a probationary license may only practice in the relevant profession in a licensed or certified service provider, as defined in RCW 71.24.025. The department may place a reasonable time limit on a probationary license and may, if appropriate, require the applicant to pass a jurisprudential examination.
(c) The department must maintain and publish a list of credentials in other states and territories that the department has determined to have a scope of practice that is substantially equivalent to or greater than the scope of practice for licensed advanced social workers, independent clinical social workers, mental health counselors, or marriage and family therapists as established under this chapter. The department shall prioritize identifying and publishing the department's determination for the five states or territories that have historically had the most applicants for reciprocity under subsection (1) of this section with a scope of practice that is substantially equivalent to or greater than the scope of practice for licensed advanced social workers, independent clinical social workers, mental health counselors, and marriage and family therapists under this chapter.
*NEW SECTION.  Sec. 4. A new section is added to chapter 18.83 RCW to read as follows:
(1) The department must explore options for adoption of an interstate compact or compacts supporting license portability for professionals licensed under this chapter and report recommendations to the governor and legislature by November 1, 2020.
(2) This section expires June 30, 2022.
*Sec. 4 was vetoed. See message at end of chapter.
*NEW SECTION.  Sec. 5. A new section is added to chapter 18.205 RCW to read as follows:
(1) The department must explore options for adoption of an interstate compact or compacts supporting license portability for professionals certified under this chapter and report recommendations to the governor and legislature by November 1, 2020.
(2) This section expires June 30, 2022.
*Sec. 5 was vetoed. See message at end of chapter.
*NEW SECTION.  Sec. 6. A new section is added to chapter 18.225 RCW to read as follows:
(1) The department must explore options for adoption of an interstate compact or compacts supporting license portability for professionals licensed under this chapter and report recommendations to the governor and legislature by November 1, 2020.
(2) This section expires June 30, 2022.
*Sec. 6 was vetoed. See message at end of chapter.
Passed by the Senate April 23, 2019.
Passed by the House April 12, 2019.
Approved by the Governor May 9, 2019, with the exception of certain items that were vetoed.
Filed in Office of Secretary of State May 13, 2019.
Note: Governor's explanation of partial veto is as follows:
"I am returning herewith, without my approval as to Sections 4, 5, and 6, Senate Bill No. 5054 entitled:
"AN ACT Relating to increasing the behavioral health workforce by establishing a reciprocity program to increase the portability of behavioral health licenses and certifications."
Senate Bill 5054 will help out-of-state applicants to more easily and quickly become integrated into Washington State's behavioral health workforce. Sections 4, 5 and 6 direct the Department of Health to conduct a study to explore options for adoption of an interstate compact or compacts supporting license portability for certain professionals. I agree with the intended purpose of the bill; however, the final budget did not provide funding for the Department to perform this study and the cost of this work cannot be absorbed.
For these reasons I have vetoed Sections 4, 5, and 6 of Senate Bill No. 5054.
With the exception of Sections 4, 5, and 6, Senate Bill No. 5054 is approved."
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