WSR 05-12-014

PERMANENT RULES

DEPARTMENT OF HEALTH


(Sex Offender Treatment Providers)

[ Filed May 20, 2005, 11:15 a.m. , effective June 20, 2005 ]


Purpose: Clarify existing rule text, change the term "license" to "certification." Department of Corrections legislation and court rulings from 1999 determined that rules should apply to not just the sex offender sentencing alternative and special sex offender disposition alternative client, but all clients of the sex offender treatment provider, and repeals WAC 246-930-995 Conversion to a birthday renewal. The annual license renewal date was transitioned to a birthday renewal in 1998/1999.

Citation of Existing Rules Affected by this Order: Repealing WAC 246-930-995; and amending WAC 246-930-020, 246-930-200, 246-930-220, 246-930-301, 246-930-431, 246-930-490, and 246-930-990.

Statutory Authority for Adoption: RCW 18.155.040.

Adopted under notice filed as WSR 04-23-091 on November 17, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 7, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 7, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: May 20, 2005.

M. C. Selecky

Secretary

OTS-7338.4


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.]


AMENDATORY SECTION(Amending WSR 94-13-179, filed 6/21/94, effective 7/22/94)

WAC 246-930-200   Application and examination.   (1) In order to be certified to practice under this chapter as a provider or affiliate provider in the state of Washington all applicants shall pass an examination approved by the secretary.

(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.]


AMENDATORY SECTION(Amending WSR 94-13-179, filed 6/21/94, effective 7/22/94)

WAC 246-930-220   Reexamination.   (1) An applicant for certification who has been previously certified shall retake the examination and achieve a passing score as set forth in WAC 246-930-200(6) before recertification ((under any of the following circumstances)) if:

(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.]


AMENDATORY SECTION(Amending WSR 94-13-179, filed 6/21/94, effective 7/22/94)

WAC 246-930-301   Purpose -- Professional standards and ethics.   (1) Sex offender treatment providers are also credentialed health professionals, and are subject to the standards of practice of their primary field of practice. However, standards of practice vary from profession to profession, and sex offender evaluation and treatment represents significant differences in practice from general mental health interventions.

(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.]


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

WAC 246-930-431   Expired ((license)) certification.   (1) If the ((license)) certification has expired for three years or less, the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.

(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.]


AMENDATORY SECTION(Amending WSR 94-13-179, filed 6/21/94, effective 7/22/94)

WAC 246-930-490   Sexual misconduct.   (l) ((The)) Sex offender treatment providers shall not engage in sexual contact or sexual activity with ((SSOSA/SSODA)) their clients.

(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.]


AMENDATORY SECTION(Amending WSR 99-08-101, filed 4/6/99, effective 7/1/99)

WAC 246-930-990   Sex offender treatment provider fees and renewal cycle.   (1) Certificates must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2.

(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 certification ((1,475.00)) 15.00

(3) The following nonrefundable fees will be charged for affiliate treatment provider:
Title of Fee Fee
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.]


REPEALER

     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