Title of Rule and Other Identifying Information: Sex offender treatment providers, WAC 246-930-020 Underlying credential as a health professional required, 246-930-200 Application and examination, 246-930-220 Reexamination, 246-930-301 Purpose -- Professional standards and ethics, 246-930-431 Expired license, 246-930-490 Sexual misconduct, 246-930-990 Fees and renewal cycle, and 246-930-995 Conversion to a birthday.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules:

•     WAC 246-930-020 Underlying credential as a health professional required, the SOTP credential is not provided in a temporary or provisional capacity. Language is amended to refer to not only the licensed provider, but also the registered or certified provider.

•     WAC 246-930-200 Application and examination, this rule clarifies the language in the rule to make it easier to read, without changing its effects.

•     WAC 246-930-220 Reexamination, language is being amended to reference exam WAC 246-930-200(6).

•     WAC 246-930-301 Purpose -- Professional standards and ethics, special sex offender sentencing alternative (SSOSA) and special sex offender disposition alternative (SSODA) language needs to be amended. Department of Corrections legislation and court rulings determined that rules should apply to not just the SSOSA and SSODA client, but all clients being seen by the sex offender treatment provider.

•     WAC 246-930-431 Expired license, amend reference to "license" to read "certification."

•     WAC 246-930-490 Sexual misconduct, special sex offender sentencing alternative (SSOSA) and special sex offender disposition alternative (SSODA) language needs to be amended. Department of Corrections legislation and court rulings determined that rules should apply to not just the SSOSA and SSODA client, but all clients being seen by the sex offender treatment provider.

•     WAC 246-930-990 Fees and renewal cycle, this rule clarifies the language in the rule by amending the outdated fee information.

•     WAC 246-930-995 Conversion to a birthday renewal cycle, this rule qualifies as covered in WAC 246-12-020, Part 2, making the language in part (2) of this rule outdated and no longer necessary.

     Statutory Authority for Adoption: RCW 18.155.040.

     Statute Being Implemented: Chapter 18.155 RCW.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of Health, 310 Israel Road S.E., Tumwater, WA 98501, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kitty Slater, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4925.

November 16, 2004

Mary C. Selecky

Secretary

OTS-7338.3

AMENDATORY SECTION(Amending WSR 98-05-060, filed 2/13/98, effective 3/16/98)

WAC 246-930-020   Underlying credential as a health professional required.   (1) Under RCW 18.155.020(1), only credentialed health professionals may be certified as providers.

     (2) A person who is credentialed as a health professional in a state or jurisdiction other than Washington may satisfy this requirement by submitting the following:

     (a) A copy of the current nonexpired credential issued by the credentialing state;

     (b) A copy of the statute, administrative regulation, or other official document of the issuing state which sets forth the minimum requirements for the credential;

     (c) A statement from the issuing authority:

     (i) That the credential is in good standing;

     (ii) That there is no disciplinary action currently pending; and

     (iii) Listing any formal discipline actions taken by the issuing authority with regard to the credential;

     (d) A statement signed by the applicant, on a form provided by the department, submitting to the jurisdiction of the Washington state courts for the purpose of any litigation involving his or her practice as a sex offender treatment provider;

     (e) A statement signed by the applicant on a form provided by the department, that the applicant does not intend to practice the health profession for which he or she is credentialed by another state within the state of Washington without first obtaining an appropriate credential to do so from the state of Washington, except as may be authorized by Washington state law; and

     (f) Applicants must complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

     (3) Underlying registration, certification, or licensure shall be maintained in good standing. If an underlying registration, certification, or licensure is not renewed or is revoked, certification as a sex offender treatment provider((,)) or affiliate sex offender treatment provider((, or temporary or provisional treatment provider)) is revoked. If an underlying registration, certificate or license is suspended, the sex offender treatment provider certification is suspended. If there is a stay of the suspension of an underlying registration, certificate or license the sex offender treatment provider program must independently evaluate the reasonableness of a stay for the sex offender treatment provider.

[Statutory Authority: RCW 43.70.280. 98-05-060, § 246-930-020, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 18.155.040. 94-13-179, § 246-930-020, filed 6/21/94, effective 7/22/94; 92-12-027 (Order 275), § 246-930-020, filed 5/28/92, effective 6/28/92; 91-11-063 (Order 168), § 246-930-020, filed 5/16/91, effective 6/16/91.]

     (2) An applicant shall meet all education, experience, and training requirements and ((be a health care provider before being allowed)) hold a current health professional credential to qualify to sit for the examination.

     (3) Examinations shall be given at a time and place determined by the secretary.

     (4) A completed application with the appropriate fee for certification shall be received in the office of the department, no later than sixty days prior to the examination date. All supporting documentation shall be received no later than twenty days prior to the scheduled examination date.

     (5) Any applicant who fails to follow written or oral instructions relative to the conduct of the examination, is observed talking or attempting to give or receive information, or attempting to remove materials from the examination or using or attempting to use unauthorized materials during any portion of the examination shall be terminated from the examination and not permitted to complete it.

     (6) The department shall approve the method of grading each examination, and apply the method uniformly to all applicants taking the examination.

     (7) Applicants will be notified in writing of their examination scores.

     (8) Applicant's examination scores are not disclosed to anyone other than the applicant, unless requested to do so in writing by the applicant.

     (9) An applicant who fails to make the required grade in the first examination ((is entitled to)) may take up to two additional examinations upon the payment of a reexamination fee for each subsequent examination. After failure of three examinations, the secretary may require remedial education before admission to future examinations.

[Statutory Authority: RCW 18.155.040. 94-13-179, § 246-930-200, filed 6/21/94, effective 7/22/94; 92-12-027 (Order 275), § 246-930-200, filed 5/28/92, effective 6/28/92; 91-11-063 (Order 168), § 246-930-200, filed 5/16/91, effective 6/16/91.]

     (a) The applicant has been uncertified voluntarily for more than twenty-four calendar months; or

     (b) The applicant's certificate has been revoked or suspended by reason of a disciplinary action by the secretary.

     (2) The secretary may require reexamination in any disciplinary order as a condition of reissuing a certificate or confirming certification.

     (3) Whenever reexamination is required, the applicant shall pay the examination fees set forth in WAC 246-930-990.

[Statutory Authority: RCW 18.155.040. 94-13-179, § 246-930-220, filed 6/21/94, effective 7/22/94; 92-12-027 (Order 275), § 246-930-220, filed 5/28/92, effective 6/28/92; 91-11-063 (Order 168), § 246-930-220, filed 5/16/91, effective 6/16/91.]

     (2) The standards set forth in WAC 246-930-301 through 246-930-340 apply to all sex offender treatment providers ((evaluating or treating SSOSA or SSODA clients)). Failure to comply with these standards ((in providing evaluation and/or treatment to SSOSA/SSODA clients)) may constitute unprofessional conduct pursuant to RCW 18.130.180(7).

     (3) Standards of practice specific to this area of specialization are necessary due to the unique characteristics of this area of practice, the degree of control that a provider exercises over the lives of clients, and the community protection issues inherent in this work.

[Statutory Authority: RCW 18.155.040. 94-13-179, § 246-930-301, filed 6/21/94, effective 7/22/94; 92-12-027 (Order 275), § 246-930-301, filed 5/28/92, effective 6/28/92; 91-23-076 (Order 212), § 246-930-301, filed 11/19/91, effective 12/20/91.]

     (2) If the ((license)) certification has expired for over three years, the practitioner must:

     (a) Successfully pass the examination as provided in WAC 246-930-200;

     (b) Meet the requirements of chapter 246-12 WAC, Part 2.

[Statutory Authority: RCW 43.70.280. 98-05-060, § 246-930-431, filed 2/13/98, effective 3/16/98.]

     (2) Sexual contact or sexual activity is prohibited with former ((SSOSA/SSODA)) clients for ten years after cessation or termination of professional services.

     (3) The sex offender treatment provider shall not engage in sexual contact or sexual activity with any former client if such contact or activity involves the abuse of the sex offender treatment provider and client relationship. Factors to be considered in evaluating if the sex offender treatment provider and client relationship is ((abused)) abusive include, but are not limited to:

     (a) The amount of time that has passed since the last therapeutic contact;

     (b) The nature and duration of the therapy;

     (c) The circumstances of cessation or termination;

     (d) The client's personal history;

     (e) The client's current mental status;

     (f) The likelihood of adverse impact on the client and others; and

     (g) Any statements or actions made by the therapist during the course of therapy suggesting or inviting the possibility of a post termination sexual or romantic relationship with the client.

     (4) The sex offender treatment provider shall not engage in sexual contact or sexual activity with any person participating in the treatment process of a ((SSOSA or SSODA)) client while the therapy is ongoing.

     (5) The sex offender treatment provider shall not engage in sexual contact or sexual activity with any person formally participating in the treatment process, if such contact or activity involves the abuse of the sex offender treatment provider and client relationship. Factors to be considered in evaluating if the sex offender treatment provider and client relationship is ((abused)) abusive include, but are not limited to:

     (a) The amount of time that has passed since the last therapeutic contact;

     (b) The amount of time that has passed since the last professional contact between the provider and the other person;

     (c) The knowledge the provider has obtained about the person because of the professional contact; and

     (d) The likelihood of adverse impact on the former client.

[Statutory Authority: RCW 18.155.040. 94-13-179, § 246-930-490, filed 6/21/94, effective 7/22/94.]

     (2) The following nonrefundable fees will be charged for:

Title of Fee	Fee
Sex offender treatment provider:
Application and examination	$ 500.00
Reexamination	250.00
Initial certification	100.00
Renewal	800.00
Inactive status	300.00
Late renewal penalty	300.00
Expired certificate reissuance	300.00
Expired inactive certificate reissuance	150.00
Duplicate certificate	15.00
((Extension fee)) Verification of licensure	((1,475.00)) 15.00
(3) The following nonrefundable fees will be charged for affiliate treatment provider:
Application and examination	200.00
Reexamination	100.00
Renewal	300.00
Inactive status	200.00
Late renewal penalty	150.00
Expired affiliate certificate reissuance	150.00
Expired inactive affiliate certificate reissuance	100.00
Duplicate certificate	15.00
Extension fee	850.00

[Statutory Authority: RCW 43.70.250. 99-08-101, § 246-930-990, filed 4/6/99, effective 7/1/99. Statutory Authority: RCW 43.70.280. 98-05-060, § 246-930-990, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 18.155.040. 94-13-179, § 246-930-990, filed 6/21/94, effective 7/22/94; 92-12-027 (Order 275), § 246-930-990, filed 5/28/92, effective 6/28/92; 91-11-063 (Order 168), § 246-930-990, filed 5/16/91, effective 6/16/91.]

     The following section of the Washington Administrative Code is repealed:

WAC 246-930-995

Conversion to a birthday renewal cycle.

© Washington State Code Reviser's Office