BP BHEAD INT S

AN ACT Relating to psychologists; amending RCW 18.83.010, 18.83.050, 18.83.100, 18.83.135, 18.83.155, 18.83.910, and 18.83.911; and repealing RCW 18.83.025 and 18.83.168.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 18.83.010 and 1991 c 3 s 193 are each amended to read as follows:

When used in this chapter:

(1) The "practice of psychology" means the ((application of established principles of learning, motivation, perception, thinking and emotional relationships to problems of evaluation, group relations and behavior adjustment, including but not limited to: (a) Counseling and guidance; (b) use of psychotherapeutic techniques with clients who have adjustment problems in the family, at school, at work or in interpersonal relationships; (c) measuring and testing of personality, intelligence, aptitudes, emotions, public opinion, attitudes and skills)) observation, evaluation, interpretation, and modification of human behavior by the application of psychological principles, methods, and procedures for the purposes of preventing or eliminating symptomatic or maladaptive behavior and promoting mental and behavioral health. It includes, but is not limited to, providing the following services to individuals, families, groups, organizations, and the public, whether or not payment is received for services rendered:

(a) Psychological measurement, assessment, and evaluation by means of psychological, neuropsychological, and psychoeducational testing;

(b) Diagnosis and treatment of mental, emotional, and behavioral disorders, and psychological aspects of illness, injury, and disability; and

(c) Counseling and guidance, psychotherapeutic techniques, remediation, health promotion, and consultation within the context of established psychological principles and theories.

This definition does not include the teaching of principles of psychology for accredited educational institutions, or the conduct of research in problems of human or animal behavior.

Nothing in this definition shall be construed as permitting the administration or prescribing of drugs or in any way infringing upon the practice of medicine and surgery as defined in chapter 18.71 RCW.

(2) "Secretary" means the secretary of health.

(3) "Board" means the examining board of psychology.

(4) ((~~"Committee" means the disciplinary committee established by the board.~~

~~(5)~~)) "Department" means the department of health.

Sec. 2. RCW 18.83.050 and 1991 c 3 s 196 are each amended to read as follows:

(1) The board shall adopt such rules as it deems necessary to carry out its functions.

(2) The board shall examine the qualifications of applicants for licensing under this chapter, to determine which applicants are eligible for licensing under this chapter and shall forward to the secretary the names of applicants so eligible.

(3) The board shall administer examinations to qualified applicants on at least an annual basis. The board shall determine the subject matter and scope of the examinations and shall require both written and oral examinations of each applicant, except as provided in RCW 18.83.170. The board may allow applicants to take the written examination upon the granting of their doctoral degree before completion of their internship for supervised experience.

(4) The board shall keep a complete record of its own proceedings, of the questions given in examinations, of the names and qualifications of all applicants, and the names and addresses of all licensed psychologists. The examination paper of such applicant shall be kept on file for a period of at least one year after examination.

(5) The board shall, by rule, adopt a code of ethics for psychologists which is designed to protect the public interest.

(6) ((The board shall create a disciplinary committee within the board for the purposes of hearing, examining, and ruling on complaints and evidence of unethical conduct or practices brought by the public, other psychologists, organizations, corporations, public or private agencies, or officers, agencies, or instrumentalities of state, county, or local governments.

~~(7)~~)) The board may require that persons licensed under this chapter as psychologists obtain and maintain professional liability insurance in amounts determined by the board to be practicable and reasonably available.

Sec. 3. RCW 18.83.100 and 1986 c 27 s 5 are each amended to read as follows:

Failure to renew a license as provided in this chapter ((~~shall suspend such~~)) expires the license. A license holder whose license has ((~~been suspended~~)) expired for failure to renew may reinstate such license by paying to the state treasurer the renewal fees for all of the years in which such failure occurred, together with a renewal fee for the current year, but not to exceed five years. However, no renewal license shall be issued unless the board shall find that the applicant has not violated any provision of this chapter since his or her license was ((~~suspended~~)) expired.

Sec. 4. RCW 18.83.135 and 1992 c 12 s 1 are each amended to read as follows:

((The disciplinary committee shall meet at least once each year or upon the call of the chairperson at such time and place as the chairperson designates. A quorum for transaction of any business shall consist of three members, one of whom must be a public member.

The members of the disciplinary committee shall be immune from suit in any action, civil or criminal, based upon its disciplinary proceedings or other official acts performed in good faith as members of the committee.))

In addition to the authority prescribed under RCW 18.130.050, the ((~~committee~~)) board shall have the following authority:

(1) To maintain records of all activities, and to publish and distribute to all psychologists at least once each year abstracts of significant activities of the committee; and

(2) To obtain the written consent of the complaining client or patient or their legal representative, or of any person who may be affected by the complaint, in order to obtain information which otherwise might be confidential or privileged.

(((3) Whenever the workload of the committee requires, the board may request that the secretary appoint pro tempore members. While serving as members pro tempore persons shall have all the powers, duties, and immunities, and are entitled to the emoluments, including travel expenses, of the committee.))

Sec. 5. RCW 18.83.155 and 1987 c 150 s 54 are each amended to read as follows:

The ((~~committee~~)) board shall report to appropriate national and state organizations which represent the profession of psychology any disciplinary action ((~~taken pursuant to an investigation or hearing that finds a licensee has committed unprofessional or unethical conduct~~)).

Sec. 6. RCW 18.83.910 and 1990 c 297 s 7 are each amended to read as follows:

The powers and duties of the examining board of psychology shall be terminated on June 30, ((~~1995~~)) 2004, as provided in RCW 18.83.911.

Sec. 7. RCW 18.83.911 and 1990 c 297 s 8 are each amended to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, ((~~1996~~)) 2005:

(1) Section 76, chapter 279, Laws of 1984, section 2, chapter 27, Laws of 1986, section 1, chapter 226, Laws of 1989 and RCW 18.83.035;

(2) Section 77, chapter 279, Laws of 1984 and RCW 18.83.045;

(3) Section 5, chapter 305, Laws of 1955, section 5, chapter 70, Laws of 1965, section 78, chapter 279, Laws of 1984, section 3, chapter 27, Laws of 1986 and RCW 18.83.050; and

(4) Section 21, chapter 70, Laws of 1965, section 19, chapter 199, Laws of 1969 ex. sess., section 48, chapter 34, Laws of 1975-'76 2nd ex. sess., section 10, chapter 168, Laws of 1983, section 48, chapter 287, Laws of 1984 and RCW 18.83.051.

NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:

(1) RCW 18.83.025 and 1991 c 3 s 194 & 1984 c 279 s 87; and

(2) RCW 18.83.168 and 1986 c 27 s 7.