WSR 10-22-111

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed November 2, 2010, 5:03 p.m. , effective December 3, 2010 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: WAC 246-810-010 and 246-810-016, legislation passed as SSB 6884 (chapter 20, Laws of 2010) that changed the definition of agency to include counties and specifically named juvenile court probation counselors. Individuals who are engaged in counseling services and are employed by a county in Washington can now become agency affiliated counselors (AAC).

Citation of Existing Rules Affected by this Order: Amending WAC 246-810-010 and 246-810-016.

Statutory Authority for Adoption: RCW 18.19.050.

Other Authority: RCW 18.19.020.

Adopted under notice filed as WSR 10-13-096 on June 16, 2010.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: November 2, 2010.

Mary C. Selecky

Secretary

OTS-3234.1


AMENDATORY SECTION(Amending WSR 09-15-041, filed 7/8/09, effective 7/8/09)

WAC 246-810-010   Definitions.   The definitions in this section apply throughout this chapter unless the content clearly requires otherwise.

(1) "Agency" means:

(a) An agency or facility operated, licensed, or certified by the state of Washington to provide a specific counseling service or services; or

(b) A county as listed in chapter 36.04 RCW.

(2) "Agency affiliated counselor" means a person registered under chapter 18.19 RCW, and this chapter, who is engaged in counseling and employed by an agency listed in WAC 246-810-016 or an agency recognized under WAC 246-810-017 to provide a specific counseling service or services.

(3) "Certified adviser" means a person certified under chapter 18.19 RCW, and this chapter, who is engaged in private practice counseling to the extent authorized in WAC 246-810-021.

(4) "Certified counselor" means a person certified under chapter 18.19 RCW, and this chapter, who is engaged in private practice counseling to the extent authorized in WAC 246-810-0201.

(5) "Client" means an individual who receives or participates in counseling or group counseling.

(6) "Consultation" means the professional assistance and practice guidance that a certified counselor receives from a counseling-related professional credentialed under chapter 18.130 RCW. This may include:

(a) Helping the certified counselor focus on counseling practice objectives;

(b) Refining counseling modalities;

(c) Providing support to progress in difficult or sensitive cases;

(d) Expanding the available decision-making resources; and

(e) Assisting in discovering alternative approaches.

(7) "Counseling" means employing any therapeutic techniques including, but not limited to, social work, mental health counseling, marriage and family therapy, and hypnotherapy, for a fee that offer, assist, or attempt to assist, an individual or individuals in the amelioration or adjustment of mental, emotional, or behavioral problems, and includes therapeutic techniques to achieve sensitivity and awareness of self and others and the development of human potential. For the purpose of this chapter, nothing may be construed to imply that the practice of hypnotherapy is necessarily limited to counseling.

(8) "Counselor" means an individual who engages in the practice of counseling to the public for a fee, including for the purposes of this chapter, agency affiliated counselors, certified counselors, certified advisers, hypnotherapists, and until July 1, 2010, registered counselors.

(9) "Department" means the Washington state department of health.

(10) "Fee" as referred to in RCW 18.19.030 means compensation received by the counselor for counseling services provided, regardless of the source.

(11) "Hypnotherapist" means a person registered under chapter 18.19 RCW, and this chapter, who is practicing hypnosis as a modality.

(12) "Licensed healthcare practitioner" means a licensed practitioner under the following chapters:

(a) Physician licensed under chapter 18.71 RCW.

(b) Osteopathic physician licensed under chapter 18.57 RCW.

(c) Psychiatric registered nurse practitioner licensed under chapter 18.79 RCW.

(d) Naturopathic physician licensed under chapter 18.36A RCW.

(e) Psychologist licensed under chapter 18.83 RCW.

(f) Independent clinical social worker, marriage and family therapist, or advanced social worker licensed under chapter 18.225 RCW.

(13) "Private practice counseling" means the practice of counseling by a certified counselor or certified adviser as specified in WAC 246-810-0201 or 246-810-021.

(14) "Psychotherapy" means the practice of counseling using diagnosis of mental disorders according to the fourth edition of the Diagnostic and Statistical Manual of Mental Disorders, and the development of treatment plans for counseling based on diagnosis of mental disorders in accordance with established practice standards.

(15) "Recognized" means acknowledged or formally accepted by the secretary.

(16) "Recognized agency or facility" means an agency or facility that has requested and been recognized under WAC 246-810-017 to employ agency affiliated counselors to perform a specific counseling service, or services for those purposes only.

(17) "Secretary" means the secretary of the department of health or the secretary's designee.

(18) "Supervision" means the oversight that a counseling-related professional credentialed under chapter 18.130 RCW provides.

(19) "Unprofessional conduct" means the conduct described in RCW 18.130.180.

[Statutory Authority: RCW 18.19.050 and chapter 18.19 RCW. 09-15-041, 246-810-010, filed 7/8/09, effective 7/8/09. Statutory Authority: RCW 18.19.050. 06-08-106, 246-810-010, filed 4/5/06, effective 5/6/06. Statutory Authority: RCW 18.19.050(1). 97-17-113, 246-810-010, filed 8/20/97, effective 9/20/97. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-010, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.19.060. 89-14-070 (Order PM 840), 308-190-030, filed 6/30/89. Statutory Authority: RCW 18.19.050. 88-11-024 (Order PM 728), 308-190-030, filed 5/11/88.]

OTS-3235.1


AMENDATORY SECTION(Amending WSR 09-15-041, filed 7/8/09, effective 7/8/09)

WAC 246-810-016   Agencies ((or)), facilities, or counties that can employ agency affiliated counselors.   Agencies or facilities that may employ an agency affiliated counselor are:

(1) Washington state departments and agencies listed in the Agency, Commission & Organization Directory available on the state of Washington web site.

(2) Counties as listed in chapter 36.04 RCW.

(3) Community and technical colleges governed by the Washington state board for community and technical colleges.

(((3))) (4) Colleges and universities governed by the Washington state higher education coordinating board.

(((4))) (5) Hospitals licensed under chapter 70.41 RCW.

(((5))) (6) Home health care agencies, home care agencies, and hospice care agencies licensed under chapter 70.127 RCW.

(((6))) (7) Agencies and facilities licensed or certified under chapters 71.05 or 71.24 RCW.

(((7))) (8) Psychiatric hospitals, residential treatment facilities, hospitals, and alcohol and chemical dependency entities licensed under chapter 71.12 RCW.

(((8))) (9) Other agencies or facilities recognized by the secretary as provided in WAC 246-810-017.

[Statutory Authority: RCW 18.19.050 and chapter 18.19 RCW. 09-15-041, 246-810-016, filed 7/8/09, effective 7/8/09.]

Washington State Code Reviser's Office