WSR 21-13-152
EXPEDITED RULES
DEPARTMENT OF HEALTH
[Filed June 22, 2021, 2:11 p.m.]
Title of Rule and Other Identifying Information: WAC 246-809-990 regarding license renewals for licensed counselor associates, and 246-811-035 regarding renewals for substance use disorder professional trainees. The department of health (department) proposes amending two behavioral health professions under the authority of the secretary of health to implement HB 1063 (chapter 57, Laws of 2021). Proposed amendments will incorporate by reference statutes that now allow additional license renewals for licensed counselor associates and substance use disorder professional trainees. Additionally, a proposed amendment will make a housekeeping change to remove an outdated citation.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed amendments is to align rules with recent statutory changes. HB 1063 created an exception to the statutory limits on associate and trainee license renewals for licensed counselors and substance use disorder professionals (SUDP). Proposed rule amendments will incorporate statutory amendments by reference.
Previously, both the statute and the rules limited licensed counselor associates to six license renewals and SUDP trainees to four license renewals. Under amendments made by HB 1063, the secretary of health may allow additional renewals when a governor-declared emergency has resulted in barriers to testing or training. Proposed amendments to WAC 246-809-990 and 246-811-035 will clarify that statutory limits to associate and trainee license renewals apply, except as provided by statute.
An additional proposed amendment to WAC 246-809-990 will remove an outdated citation.
Reasons Supporting Proposal: HB 1063 is intended to address some of the impacts of the COVID-19 declared emergency on behavioral health profession associates and trainees. Impacts include training and testing barriers, layoffs, and more limited opportunities to complete supervised experience hours. These unanticipated setbacks could result in an associate or trainee exhausting the number of renewals allowed by statute without completing the supervised experience hours necessary to achieve full licensure. Providing additional renewals under HB 1063 will allow associates and trainees to continue their path to full licensure and help increase Washington's behavioral health professional workforce
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: Brandon Williams, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4611.
This notice meets the following criteria to use the expedited adoption process for these rules:
Adopts or incorporates by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.
Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: Incorporating by reference the statutory exception established by HB 1063 will align the rules with statute.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Brandon Williams, Department of Health, Office of Health Professions, P.O. Box 47850, Olympia, WA 98504-7850, phone 360-236-4611, email https://fortress.wa.gov/doh/policyreview, AND RECEIVED BY September 6, 2021.
June 22, 2021
Kristin Peterson
Deputy Secretary, Policy and Planning
for Umair A. Shah, MD, MPH
Secretary
OTS-3067.2
AMENDATORY SECTION(Amending WSR 20-12-074, filed 6/1/20, effective 7/2/20)
WAC 246-809-990Licensed counselor, and associate—Fees and renewal cycle.
(1) Except for a probationary license as described in WAC 246-809-095, a license must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC((, Part 2)).
(2) Associate licenses are valid for one year and must be renewed every year on the date of issuance. The associate license may be renewed no more than six times
, except as provided in RCW 18.225.145.
(3) The following nonrefundable fees will be charged:
Title | Fee |
Licensed marriage and family therapist | |
| Original application | |
| | Application and initial license | $290.00 |
| | UW online access fee (HEAL-WA) | 16.00 |
| Active license renewal | |
| | Renewal | 180.00 |
| | Late renewal penalty | 90.00 |
| | Expired license reissuance | 85.00 |
| | UW online access fee (HEAL-WA) | 16.00 |
| Retired active license renewal | |
| | Renewal | 70.00 |
| | Late renewal penalty | 35.00 |
| | UW online access fee (HEAL-WA) | 16.00 |
| Duplicate license | 10.00 |
| Verification of license | 25.00 |
Licensed marriage and family therapy associate | |
| Original application | |
| | Application | 65.00 |
| | UW online access fee (HEAL-WA) | 16.00 |
| Renewal | |
| | Renewal | 50.00 |
| | UW online access fee (HEAL-WA) | 16.00 |
| | Late renewal penalty | 50.00 |
| | Expired license reissuance | 40.00 |
| Duplicate license | 10.00 |
| Verification of license | 25.00 |
Licensed mental health counselor | |
| Original application | |
| | Application | 95.00 |
| | Initial license | 80.00 |
| | UW online access fee (HEAL-WA) | 16.00 |
| Active license renewal | |
| | Renewal | 90.00 |
| | Late renewal penalty | 50.00 |
| | Expired license reissuance | 65.00 |
| | UW online access fee (HEAL-WA) | 16.00 |
| Retired active license renewal | |
| | Renewal retired active | 70.00 |
| | Late renewal penalty | 35.00 |
| | UW online access fee (HEAL-WA) | 16.00 |
| Duplicate license | 10.00 |
| Verification of license | 25.00 |
Licensed mental health counselor associate | |
| Original application | |
| | Application | 35.00 |
| Renewal | |
| | Renewal | 25.00 |
| | Late renewal penalty | 25.00 |
| | Expired license reissuance | 40.00 |
| Duplicate license | 10.00 |
| Verification of license | 25.00 |
Licensed advanced social worker and licensed independent clinical social worker | |
| Original application | |
| | Application | 100.00 |
| | Initial license | 100.00 |
| | UW online access fee (HEAL-WA) | 16.00 |
| Active license renewal | |
| | Renewal | 100.00 |
| | Late renewal penalty | 50.00 |
| | Expired license reissuance | 72.50 |
| | UW online access fee (HEAL-WA) | 16.00 |
| Retired active license renewal | |
| | Renewal retired active | 65.00 |
| | Late renewal penalty | 30.00 |
| | UW online access fee (HEAL-WA) | 16.00 |
| Duplicate license | 10.00 |
| Verification of license | 25.00 |
Licensed advanced social worker associate and licensed independent clinical social worker associate | |
| Original application | |
| | Application | 35.00 |
| | UW online access fee (HEAL-WA)* | 16.00 |
| Renewal | |
| | Renewal | 25.00 |
| | Late renewal penalty | 25.00 |
| | UW online access fee (HEAL-WA)* | 16.00 |
| | Expired license reissuance | 40.00 |
| Duplicate license | 10.00 |
| Verification of license | 25.00 |
* | Surcharge applies to independent clinical social worker associate only. |
(4) For a probationary license as described under WAC 246-809-095, the following nonrefundable fees will be charged:
Title | Fee |
Licensed marriage and family therapist | |
| Original application | |
| | Application and initial license | $290.00 |
| Active license renewal | |
| | Renewal | 180.00 |
| | Late renewal penalty | 90.00 |
| | Expired license reissuance | 85.00 |
| Duplicate license | 10.00 |
| Verification of license | 25.00 |
Licensed mental health counselor | |
| Original application | |
| | Application and initial license | 175.00 |
| Active license renewal | |
| | Renewal | 90.00 |
| | Late renewal penalty | 50.00 |
| | Expired license reissuance | 65.00 |
| Duplicate license | 10.00 |
| Verification of license | 25.00 |
Licensed advanced social worker and licensed independent clinical social worker | |
| Original application | |
| | Application and initial license | 200.00 |
| Active license renewal | |
| | Renewal | 100.00 |
| | Late renewal penalty | 50.00 |
| | Expired license reissuance | 72.50 |
| Duplicate license | 10.00 |
| Verification of license | 25.00 |
OTS-3104.1
AMENDATORY SECTION(Amending WSR 21-02-002, filed 12/23/20, effective 1/23/21)
WAC 246-811-035Certification of a substance use disorder professional trainee.
(1) The department of health will issue a substance use disorder professional trainee certificate to an individual who:
(a) Submits an application on forms the department provides;
(b) Includes written documentation to meet the eligibility criteria;
(c) Declares that he or she is enrolled in an approved school and gaining the experience required to receive a substance use disorder professional credential.
(2) A substance use disorder professional trainee must submit a signed declaration with their annual renewal that states they are enrolled in an approved education program, or have completed the educational requirements, and are obtaining the experience requirements for a substance use disorder professional credential.
(3) A substance use disorder professional trainee certificate can only be renewed four times
, except as provided in RCW 18.205.095.