BP BHEAD INT H

AN ACT Relating to the certification of pastoral counselors; amending RCW 18.19.020, 18.19.030, 18.19.040, and 18.19.070; adding new sections to chapter 18.19 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The purpose of this act is to promote professional standards of practice and ethical conduct for pastoral counselors by establishing a voluntary certification process for pastoral counselors who wish to practice counseling to the public at large for a fee.

The legislature recognizes the right of all counselors to practice their skills freely, consistent with the requirements of the public health and safety, as well as the right of individuals to choose which counselors can best suit their needs and purposes. Professional and ethical standards of pastoral counseling are recognized by national accrediting bodies and provide a unique therapeutic modality integrating the behavior sciences to spiritual perspectives.

The legislature finds and declares that this act is necessary for the protection of the public health and safety through the enactment of professional standards of practice by pastoral counselors with procedures for addressing unprofessional conduct under chapter 18.130 RCW.

The voluntary certification of pastoral counselors practicing counseling to the public at large for a fee is for a secular purpose, and is not to be construed to advance or inhibit religion nor interfere in the free exercise of any religion or church.

Sec. 2. RCW 18.19.020 and 1991 c 3 s 19 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Certified marriage and family therapist" means a person certified to practice marriage and family therapy pursuant to RCW 18.19.130.

(2) "Certified mental health counselor" means a person certified to practice mental health counseling pursuant to RCW 18.19.120.

(3) "Certified pastoral counselor" means a person certified to practice pastoral counseling under section 5 of this act.

(4) "Certified social worker" means a person certified to practice social work pursuant to RCW 18.19.110.

((~~(4)~~)) (5) "Client" means an individual who receives or participates in counseling or group counseling.

((~~(5)~~)) (6) "Counseling" means employing any therapeutic techniques, including but not limited to social work, mental health counseling, marriage and family therapy, pastoral counseling, 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 purposes of this chapter, nothing may be construed to imply that the practice of hypnotherapy is necessarily limited to counseling.

((~~(6)~~)) (7) "Counselor" means an individual, practitioner, therapist, or analyst who engages in the practice of counseling to the public for a fee, including for the purposes of this chapter, hypnotherapists.

((~~(7)~~)) (8) "Department" means the department of health.

((~~(8)~~)) (9) "Secretary" means the secretary of the department or the secretary's designee.

Sec. 3. RCW 18.19.030 and 1991 c 3 s 20 are each amended to read as follows:

No person may, for a fee or as a part of his or her position as an employee of a state agency, practice counseling without being registered to practice by the department under this chapter unless exempt under RCW 18.19.040. No person may represent himself or herself as a certified social worker, certified mental health counselor, certified pastoral counselor, or certified marriage and family therapist without being so certified by the department under this chapter.

Sec. 4. RCW 18.19.040 and 1987 c 512 s 4 are each amended to read as follows:

Nothing in this chapter may be construed to prohibit or restrict:

(1) The practice of a profession by a person who is either registered, certified, licensed, or similarly regulated under the laws of this state and who is performing services within the person's authorized scope of practice, including any attorney admitted to practice law in this state when providing counseling incidental to and in the course of providing legal counsel;

(2) The practice of counseling by an employee or trainee of any federal agency, or the practice of counseling by a student of a college or university, if the employee, trainee, or student is practicing solely under the supervision of and accountable to the agency, college, or university, through which he or she performs such functions as part of his or her position for no additional fee other than ordinary compensation;

(3) The practice of counseling by a person without a mandatory charge;

(4) The practice of counseling by persons offering services for public and private nonprofit organizations or charities not primarily engaged in counseling for a fee when approved by the organizations or agencies for whom they render their services;

(5) Evaluation, consultation, planning, policy-making, research, or related services conducted by social scientists for private corporations or public agencies;

(6) The practice of counseling by a person under the auspices of a religious denomination, church, or organization, or the practice of religion itself. The voluntary regulation of pastoral counselors under this chapter with procedures for addressing unprofessional conduct under chapter 18.130 RCW is deemed to be for secular purposes, and shall not be construed as the practice of religion, nor the advancement or restriction of religion, nor the fostering of excessive government entanglement with religion when limited to the provisions of this chapter;

(7) Counselors whose residency is not Washington state from providing up to ten days per quarter of training or workshops in the state, as long as they ((~~don't~~)) do not hold themselves out to be registered or certified in Washington state.

NEW SECTION. Sec. 5. A new section is added to chapter 18.19 RCW to read as follows:

(1) The department shall issue a certified pastoral counselor certificate to an applicant meeting the following requirements:

(a) A master's degree or other advanced degree in pastoral counseling or its equivalent as determined by the secretary, based on a planned and directed program of studies in pastoral counseling from an educational program accredited by an accreditation institution recognized by the secretary;

(b) Satisfactory completion of a period of clinical pastoral counseling under qualified supervision in a program of training meeting standards of competency as determined by the secretary; and

(2) In consultation with the advisory committee established under section 6 of this act, the secretary shall establish by rule under the authority of RCW 18.19.050 the qualifications for certification, including any equivalency or alternative prerequisites.

(3) Nothing in this chapter prevents a faith group from requiring other standards, including conditions for the employment or sponsorship of, or association with a pastoral counselor by the faith group. Any such additional standards, including terms of employment, association, or sponsorship by a faith group, may not be a requirement for certification under this chapter, and is strictly a private professional matter between the pastoral counselor and the faith group.

(4) Certified pastoral counseling is that aspect of counseling that involves a process using insights and principles derived from the disciplines of theology and the behavioral sciences, including counseling-related diagnosis, to help persons achieve wholeness and health. It includes the use of pastoral counseling methods in a professional relationship to assist a person in modifying feelings, attitudes, and behavior that are intellectually, socially, emotionally, or spiritually maladjustive, ineffectual, or that otherwise contribute to difficulties in living.

NEW SECTION. Sec. 6. A new section is added to chapter 18.19 RCW to read as follows:

(1) Within sixty days of the effective date of this act, the secretary may appoint an advisory committee to assist the department in the implementation of section 5 of this act. The committee shall be composed of five members, four of whom must be eligible for certification under this chapter, and one member shall represent the public. The secretary may remove any member for cause, and in case of a vacancy shall appoint a replacement.

(2) The advisory committee shall meet on the call of the secretary to provide advice on the implementation of section 5 of this act.

Each member shall be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060. In addition, a member shall be compensated in accordance with RCW 43.03.240 when engaged in the authorized business of the committee.

(3) This section expires three years from the effective date of this act.

Sec. 7. RCW 18.19.070 and 1994 1st sp.s. c 9 s 501 are each amended to read as follows:

(1) The Washington state mental health quality assurance council is created, consisting of ((~~nine~~)) ten members appointed by the secretary. All appointments shall be for a term of four years. No person may serve as a member of the council for more than two consecutive full terms.

Voting members of the council must include one social worker certified under RCW 18.19.110, one mental health counselor certified under RCW 18.19.120, one marriage and family therapist certified under RCW 18.19.130, one pastoral counselor certified under section 5 of this act, one counselor registered under RCW 18.19.090, one hypnotherapist registered under RCW 18.19.090, and two public members. Each member of the council must be a citizen of the United States and a resident of this state. Public members of the council may not be a member of any other health care licensing board or commission, or have a fiduciary obligation to a facility rendering health services regulated by the council, or have a material or financial interest in the rendering of health services regulated by the council.

The secretary may appoint the initial members of the council to staggered terms of from one to four years. Thereafter, all members shall be appointed to full four-year terms. Members of the council hold office until their successors are appointed.

The secretary may remove any member of the council for cause as specified by rule. In the case of a vacancy, the secretary shall appoint a person to serve for the remainder of the unexpired term.

(2) The council shall meet at the times and places designated by the secretary and shall hold meetings during the year as necessary to provide advice to the secretary.

Each member of the council shall be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060. In addition, members of the council shall be compensated in accordance with RCW 43.03.240 when engaged in the authorized business of the council. The members of the council are immune from suit in an action, civil or criminal, based on their official acts performed in good faith as members of the council.