Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule and Other Identifying Information: WAC 246-809-730, creating a retired active license status for licensed mental health counselors, licensed marriage and family therapists, licensed advanced social workers, and licensed independent clinical social workers.

     Hearing Location(s): Department of Health, Town Center 2, 111 Israel Road S.E., Room 145, Tumwater, WA 98501, on April 30, 2013, at 9:00 a.m.

     Date of Intended Adoption: May 3, 2013.

     Submit Written Comments to: Betty J. Moe, Department of Health, 111 Israel Road S.E., P.O. Box 47852, Olympia, WA 98504-7852, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by April 30, 2013.

     Assistance for Persons with Disabilities: Contact Betty Moe by April 23, 2013, TTY (800) 833-6388 or 711.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: SSB 6328 (chapter 58, Laws of 2012) requires the department of health to create a retired active status for licensed mental health counselors, licensed marriage and family therapists, licensed advanced social workers, and licensed independent clinical social workers. The proposed rule creates the retired active status for these professions, which may improve access to care during emergent or intermittent circumstances, without compromising public safety. The retired active credential will have a reduced renewal fee.

     Reasons Supporting Proposal: The rule will allow mental health counselors, marriage and family therapists, and social workers to obtain a retired active credential in order to meet the legislative intent to provide for credentialing of qualified retired individuals which may help increase access to care in emergent or intermittent situations. Fees for this status will be addressed in a separate rules process. The retired active credential will have a reduced renewal fee.

     Statutory Authority for Adoption: RCW 18.130.250, chapter 18.225 RCW (SSB 6328 - 2012).

     Statute Being Implemented: RCW 18.130.250, chapter 18.225 RCW (SSB 6328 - 2012).

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

     Name of Proponent: Department of health, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Betty Moe, Program Manager, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4912.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule would not impose more than minor costs on businesses in an industry.

     A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(iii) exempts rules that adopt or incorporate by reference without material change federal statutes or regulations, Washington state law, the rules of other Washington state agencies, or national consensus codes that generally establish industry standards.

March 12, 2013

Mary C. Selecky

Secretary

OTS-4816.2

NEW SECTION
WAC 246-809-730   Retired active credential.   (1) To obtain a retired active license a licensed counselor must comply with chapter 246-12 WAC, Part 5.

     (2) A licensed counselor with a retired active license may practice no more than ninety days each year in Washington, or practice only in emergency circumstances such as earthquakes, floods, time of declared war or other state emergency; and

     (3) A licensed counselor with a retired active license must renew yearly on their birthday, and must report thirty-six hours of continuing education as required under WAC 246-809-630 every two years.

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