PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-22-067.
Title of Rule: WAC 246-809-610 What courses are acceptable?, 246-809-620 What are industry recognized local, state, national, international organizations or institutions of higher learning?, and 246-809-630 How many hours do I need and in what time period?
Purpose: Chapter 18.225 RCW mandates that licensed counselors possess a number of continuing education hours in order to maintain their license. This rule provides specific details regarding continuing education hours for licensed marriage and family therapists, licensed mental health counselors and licensed social workers.
Statutory Authority for Adoption: RCW 18.225.040(9).
Statute Being Implemented: Chapter 18.225 RCW.
Summary: This rule provides specific details that regulate requirements for continuing education including acceptable coursework, alternative learning experiences, the amount of hours necessary for credit, and recognized organizations and institutions of learning.
Reasons Supporting Proposal: The proposal improves the clarity and improves flexibility of continuing education requirements for licensed counselors.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Traci Black, Department of Health, P.O. Box 47869, Olympia, 98504-7869, (360) 236-4917.
Name of Proponent: Department of Health, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This proposed rule provides specific details regarding continuing education for counselors, including distance learning, industry recognized institutions and relevancy to the profession. The purpose of the rule is to identify the types of coursework and experience that qualify as acceptable continuing education opportunities. This information will help maintain and enhance the professional competency and services provided by licensed counselors.
Proposal Changes the Following Existing Rules: The proposal amends WAC 246-809-610 by identifying the counseling disciplines to which the rule applies, sets the distance learning programs that can be used for CE credit within a reporting period, and expands other learning experience to include research and peer supervision. The proposal amends WAC 246-809-620 by adding Washington Association for Marriage and Family Therapy, Washington State Society for Clinical Social Work, Washington Chapter of the National Association of Social Work, American Mental Health Counselors Association, and American Psychological Association as industry recognized organizations. The proposal clarifies WAC 246-809-630 by citing RCW 18.130.180 as an area of professional ethics and law that may be used to meet the professional ethics and law continuing education requirement.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
Under chapter 18.225 RCW, the Washington state MHC, MFT, and SW advisory committee is authorized to define and establish qualifications and requirements for education, training, supervision, and examination for the licensure of marriage and family therapists, mental health counselors, and social workers. Ultimately, the advisory committee establishes rules that it considers are appropriate for the protection of consumers and patients of counselor services, the people of the state of Washington.
Chapter 18.225 RCW mandates that MFT, MHC, and SW counselors possess a number of continuing education (CE) hours in order to maintain their licensure. However, the statute does not provide specific details that regulate such requirements. Therefore, the advisory committee finds it necessary to amend current WAC language in order to fulfill the continuing education requirement afforded by the statute. The advisory committee is proposing changes to the WAC chapters listed above, amending three continuing education rules related to MFT, MHC, and SW counselors. The primary objective of these proposed amendments is to enhance the quality of care provided by counselors licensed in the state of Washington.
Rule-making Requirements of the Regulatory Fairness Act (chapter 19.85 RCW): The Regulatory Fairness Act, RCW 19.85.030, requires the department to conduct a small business economic impact statement (SBEIS) for proposed rules that have more than minor impact on small businesses. As defined in RCW 19.85.020 a small business is "any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, that has the purpose of making a profit, and that has fifty or fewer employees."
I. What Does the Rule or Rule Amendment Require? The MHC, MFT, and SW advisory committee is proposing rule changes that will:
&sqbul; Add clarity to the continuing education requirements for licensed marriage and family therapists, mental health counselors, and social workers.
&sqbul; Recognize more industry-recognized schools that provide acceptable continuing education.
&sqbul; Update existing language to reflect current protocols and requirements.
&sqbul; Ensure that all counselor practitioners and professionals are competent and capable in their respective fields.
&sqbul; Improve the overall quality of care provided by all counselor practitioners and professionals.
The proposed rule changes provide clear, concise standards for the continuing education requirements of MHC, MFT, and SW.
&sqbul; In WAC 246-809-610, language is updated to require CE programs or courses be relevant to the licensure of MHC, MFT, and SW professions, replacing language that simply encourages counselors to take CE relating to the various phases of their professional career.
&sqbul; New language is added to include a twenty-six hour limit per reporting period when using distance-learning programs to fulfill the continuing education requirement.
&sqbul; New language is added to include "research and peer supervision" as part of the "other learning experience" that may count toward CE.
&sqbul; In WAC 246-809-630, the topics for continuing education are expanded to include those listed under RCW 18.130.180.
&sqbul; In WAC 246-809-620, the following industry-recognized institutions of higher learning are added to expand the current list from which counselors are able to receive training and continuing education:
• Washington Association for Marriage and Family Therapy.
• Washington State Society for Clinical Social Work.
• Washington Chapter of the National Association of Social Work.
• American Mental Health Counselors Association.
• American Psychological Association.
II. What Industries Are Affected? In preparing this SBEIS, the Department of Health used the following SIC codes:
| SIC Industry Code and Title | No. Of Businesses | No. Of Employees | Average No. Of Employees For Smallest Businesses | Average No. Of Employees for 10% of Largest Businesses | ||||
| 8051 Skilled nursing facilities | 281 | 26,407 | 15 | 144 | ||||
| 8063 Psychiatric hospitals | 6 | 3,177 | 0 | 147 | ||||
| 8221 Colleges and universities | 124 | 43,952 | 7 | 3,454 | ||||
| 8322 Individual and family services | 1,261 | 29,061 | 31 | 181 | ||||
| 8399 Social services, not elsewhere classified | 372 | 3,400 | 4 | 36 | ||||
IV. Is the Cost Disproportionate? Because there are no estimated costs, there are no disproportionate costs to small business.
V. What Cost Minimizing Features Were Included?
A. Reducing, Modifying, or Eliminating Substantive Regulatory Requirements: The proposed rule amendments expand the number of industry-recognized local, state, national, international organizations or institutions of higher learning. With a broader list of recognized organizations and institutions, professional counselors are able to fulfill their continuing education requirements more easily, quickly, and efficiently. The amendments ultimately contribute to a reduction in continuing education costs.
By referencing the statute, RCW 18.130.180, the amendments give a broader range of topics that can be a part of the six hours necessary for professional ethics and law. In the end, the amendments make it easier and more efficient for professional counselors to fulfill their continuing education requirement.
B. Simplifying, Reducing or Eliminating Record-keeping and Reporting Requirements: Recordkeeping is not changed from current requirements. There are no reporting requirements associated with continuing education.
C. Reducing the Frequency of Inspections: There is no inspection related for continuing education.
D. Delaying Compliance Timetables: There is no established compliance timetable associated with fulfilling the continuing education requirement.
E. Reducing or Modifying Fine Schedules for Noncompliance: There is no reduction or modification to fine schedules for noncompliance as no fine is assessed for failure to meet qualifications. Failure to fulfill continuing education requirements will result in loss of licensure.
VI. Any Other Mitigation Techniques: There [are] no alternate mitigation techniques presented for the rule amendments.
VII. How Will You Involve Small Business in the Rule Making? Many social service agencies are small businesses and they are regularly informed on rule development through distribution of committee meeting agenda and minutes.
A copy of the statement may be obtained by writing to Traci Black, Department of Health, P.O. Box 47869, Olympia, WA 98504-7869, phone (360) 236-4917, fax (360) 236-4918.
RCW 34.05.328 applies to this rule adoption. The proposed rules are significant because they adopt a new or make significant changes to a regulatory program. The agency has conducted the additional analysis required.
Hearing Location: Department of Health, 310 Israel Road S.E., Room 152 and 153, Tumwater, WA 98504-7869, on October 31, 2003, at 9:30 a.m.
Assistance for Persons with Disabilities: Contact Traci Black at (360) 236-4917 by October 15, 2003, TDD (800) 833-6388.
Submit Written Comments to: Traci Black, P.O. Box 47869, Olympia, WA 98504-7869, e-mail traci.black@doh.wa.gov, fax (360) 236-4918, by October 23, 2003.
Date of Intended Adoption: October 31, 2003.
September 16, 2003
Mary C. Selecky
OTS-6539.2
AMENDATORY SECTION(Amending WSR 02-11-108, filed 5/20/02,
effective 6/20/02)
WAC 246-809-610
What courses are acceptable?
The
continuing education (CE) program or course ((shall)) must be
relevant to licensed marriage and family therapists, licensed
mental health counselors and licensed social workers and must
contribute to the advancement, extension and enhancement of
the professional competence of the licensed counselor. Courses or workshops primarily designed to increase practice
income or office efficiency are ((specifically)) not eligible
for CE credit. ((Counselors are encouraged to take CE
relating to the various phases of their professional career.))
(1) Acceptable CE courses (including distance learning), seminars, workshops and postgraduate institutes are those which are:
(a) Programs having a featured instructor, speaker(s) or panel approved by an industry-recognized local, state, national, international organization or institution of higher learning; or
(b) Distance learning programs, approved by an industry-recognized local, state, national or international organization or institution of higher learning. These programs must require tests of comprehension upon completion. Distance learning programs are limited to twenty-six hours per reporting period.
(2) Training programs sponsored by the agency where a counselor is employed are acceptable if:
(a) The experience can be shown to contribute to the advancement, extension and enhancement of the professional competence of the licensed counselor; and
(b) The training programs are limited to twenty-six hours per reporting period.
(3) Other learning experience, such as serving on a panel, board or council, community service, research, peer supervision, or publishing articles for professional publications are acceptable if:
(a) The experience can be shown to contribute to the advancement, extension and enhancement of the professional competence of the licensed counselor; and
(b) The experience is limited to six hours per reporting period.
[Statutory Authority: Chapter 18.19 RCW. 02-11-108, § 246-809-610, filed 5/20/02, effective 6/20/02.]
(1) Washington Association for Marriage and Family Therapy;
(2) Washington State Society for Clinical Social Work;
(3) Washington Chapter of the National Association of Social Work;
(4) American Mental Health Counselors Association;
(5) American Association for Marriage and Family Therapy;
(((2))) (6) Clinical Social Work Federation;
(((3))) (7) National Association of Social Workers;
(((4))) (8) American Mental Health Counselors
Association;
(((5))) (9) National Board for Certified Counselors; ((or
(6))) (10) American Psychological Association; or
(11) Institutions of higher learning that are accredited by a national or regional accrediting body recognized by the Commission on Recognition of Postsecondary Accreditation.
[Statutory Authority: Chapter 18.19 RCW. 02-11-108, § 246-809-620, filed 5/20/02, effective 6/20/02.]
[Statutory Authority: Chapter 18.19 RCW. 02-11-108, § 246-809-630, filed 5/20/02, effective 6/20/02.]