BP BHEAD INT S [atlas:bill]

AN ACT Relating to chemical dependency counselor regulation; reenacting and amending RCW 18.130.040; adding a new chapter to Title 18 RCW; creating a new section; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds that alcohol and drug problems are a major contributor to drunk driving, crime, domestic violence, child abuse and neglect, and welfare. The legislature finds that chemical dependency treatment is an important health care service that can reduce government and general health care expenditures. To this end, the legislature has mandated insurance coverage for chemical dependency treatment, mandated chemical dependency assessment and treatment with alternative sentencing and drug courts, authorized involuntary treatment of alcoholic and addicted youth and adults, and provided that parental custody may be contingent upon completion of chemical dependency treatment.

The legislature finds that assuring competency of the individual providing chemical dependency assessment, treatment planning, and counseling is essential to public safety. Chemical dependency assessment and treatment practice is no longer restricted to programs regulated by the department of social and health services and is conducted by many agencies, including health plans, utilization review companies, schools, probation departments, and correctional facilities. The legislature finds that in a practice so intertwined with safety, welfare, parental rights, and public policy, it is necessary to protect the public by requiring verification of competency and qualification from all individuals providing chemical dependency assessment and treatment services. At the same time, it is recognized that certain chemical dependency counseling competencies can be developed through nonacademic experiences.

The purpose of this act is to protect the public by identifying individuals with demonstrated qualifications in the core competencies of addiction counseling and make government more efficient by consolidating duplicative regulatory activities into a single credentialing process.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Certified chemical dependency counselor" means an individual certified to provide chemical dependency counseling under this chapter.

(2) "Chemical dependency counseling" means employing the core competencies of chemical dependency counseling to assist or attempt to assist a person to develop and maintain abstinence from alcohol and other mood-altering drugs.

(3) "Core competencies of chemical dependency counseling" means competency in the nationally recognized knowledge, skills, and attitudes of professional practice, including assessment and diagnosis of chemical dependency, chemical dependency treatment planning and referral, patient and family education in the disease of chemical dependency, individual and group counseling with alcoholic and drug addicted individuals, relapse prevention counseling, and case management, all oriented to assist patients to achieve and maintain abstinence from mood-altering substances and develop independent support systems.

(4) "Committee" means the chemical dependency credentialing committee established under this chapter.

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

(6) "Patient" means an individual who receives or participates in chemical dependency treatment.

(7) "Registered chemical dependency counselor" means an individual registered to provide chemical dependency counseling under this chapter.

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

NEW SECTION. Sec. 3. A person may not, for a fee or as a part of the person's position as an employee of a state agency or chemical dependency treatment program certified under chapter 70.96A RCW, practice as a chemical dependency counselor without being registered or certified to practice by the department under this chapter. A person may not represent himself or herself as a registered chemical dependency counselor or certified chemical dependency counselor without being so registered or certified by the department under this chapter.

NEW SECTION. Sec. 4. 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; and

(2) The practice of chemical dependency counseling by an employee or trainee of any federal agency, or the practice of chemical dependency 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 the person performs the functions as part of the person's position for no additional fee other that ordinary compensation.

NEW SECTION. Sec. 5. (1) In addition to any other authority provided by law, the secretary may:

(a) Adopt rules necessary to implement this chapter, in accordance with chapter 34.05 RCW, in consultation with the committee;

(b) Set all fees in accordance with RCW 43.70.250 and collect and deposit all of those fees in the health professions account established under RCW 43.70.320;

(d) Hire clerical, administrative, and investigative staff as needed to implement this chapter;

(e) Set standards of practice for registered and certified chemical dependency counselors;

(f) Issue a chemical dependency counselor registration to an applicant who has met the requirements for registration;

(g) Issue a certificate to any applicant who has met the education, training, and requirements of competency demonstration for chemical dependency counselor certification and to deny a certificate to applicants who do not meet the minimum qualifications for certification;

(h) Establish the criteria for evaluating the ability and qualifications of persons applying for a certificate as a certified chemical dependency counselor;

(i) Evaluate and designate, in collaboration with the committee, those chemical dependency courses that will be accepted as proof of an applicant's eligibility to receive registration or certification and to establish standards and procedures for accepting alternative training, if any, in lieu of identified courses;

(j) Prepare and administer or cause to be prepared and administered an examination for all qualified applicants for chemical dependency counselor certification; and

(k) Set requirements for maintaining and renewing registration and certification, that may include continuing education or continuing competency requirements.

(2) Persons registered or certified under this chapter shall provide patients, at the commencement of a program of treatment, accurate disclosure information in accordance with guidelines developed by the department. The information must contain at a minimum the counselor's practice and will inform the patients of the purposes of and resources available under this chapter, including the right of patients to refuse treatment and to file a complaint. A single disclosure statement may be used for one or more chemical dependency counselors if the counselors are providing services from a single plan of treatment within a single chemical dependency treatment program approved under chapter 70.96A RCW. The disclosure information provided by the counselor or counselors, the receipt of which shall be acknowledged in writing by the counselor and patient, must include relevant education and training, the therapeutic orientation of the practice, the proposed course of treatment, financial requirements, and such other information as the department may require by rule.

(3) The secretary shall keep an official record of all proceedings, a part of which record must consist of a register of all applicants for registration or certification under this chapter, with the result of each application.

NEW SECTION. Sec. 6. (1) The Washington state chemical dependency credentialing committee is created, consisting of seven members appointed by the secretary. All appointments shall be for a term of four years. A person may not serve as a member of the committee for more than two consecutive full terms. Within ninety days of the effective date of this section, the secretary shall appoint the first committee to propose to the secretary for his or her consideration rules, educational requirements, tests, and procedures to carry out chemical dependency counselor registration and certification established under this chapter. The committee shall also recommend standards for continuing education to meet certification and registration requirements under this chapter. Two appointees to the initial committee shall be professional or public members with experience on private chemical dependency counselor certification boards, and one of whom shall be Native American. Chemical dependency counselors appointed to the first board may be eligible to be certified under this chapter and thereafter must be certified by the department, with the exception of the member who is a registered chemical dependency counselor.

(2) Voting members shall include:

(a) Two certified chemical dependency counselors;

(b) One registered chemical dependency counselor;

(d) One physician licensed under chapter 18.71 or 18.57 RCW and certified in addiction medicine;

(e) Two members of the public, at least one of whom must be an individual in recovery from chemical dependency.

(3) The director of the department of social and health services division of alcohol and substance abuse or the director's designee, shall serve as an ex officio member of the committee.

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

The secretary may remove any member of the committee 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.

The committee 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 committee shall be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.030.060. In addition, members of the committee shall be compensated in accordance with RCW 43.030.240 when engaged in the authorized business of the committee. The members of the committee are immune from suit in an action, civil or criminal, based on their official acts performed in good faith as members of the committee.

NEW SECTION. Sec. 7. (1) The department may issue chemical dependency counselor certification to any applicant who satisfactorily meets the following requirements:

(a) The applicant has documents showing completion of minimum standards of education, training, and experience established under section 5 of this act;

(b) The applicant has successfully completed a recognized chemical dependency counselor examination based on the core competencies of chemical dependency counseling approved by the department;

(c) The applicant met other requirements as may be determined by the secretary that impact the competence of the chemical dependency counselor; and

(d) The applicant has submitted to the department a completed application and all necessary documentation and fees.

(2) Applicants certified as chemical dependency counselors in another state may be certified in this state after successful completion of the examination required by the department.

(3) Until July 1, 2000, the department shall issue chemical dependency counselor certification without examination to a person who submits a completed application and payment of necessary fees and verification of a current certificate of qualification as a chemical dependency counselor issued by the department of social and health services.

(4) Until July 1, 2000, the department may issue chemical dependency counselor certification only upon passing the required exam to a person who submits a completed application and payment of necessary fees and provides documentation of one of the following:

(a) A minimum of four thousand clock-hours of chemical dependency counseling experience in a chemical dependency treatment program certified by the department of social and health services or substantially equivalent experience in another state; or

(b) Documentation of a combination of education, training, and experience in the core chemical dependency competencies determined by the department to be substantially equivalent to the knowledge and experience requirements for certified chemical dependency counselors set forth in this section.

Sec. 8. RCW 18.130.040 and 1997 c 392 s 516, 1997 c 334 s 14, 1997 c 285 s 13, and 1997 c 275 s 2 are each reenacted and amended to read as follows:

(1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

(2)(a) The secretary has authority under this chapter in relation to the following professions:

(i) Dispensing opticians licensed under chapter 18.34 RCW;

(ii) Naturopaths licensed under chapter 18.36A RCW;

(iii) Midwives licensed under chapter 18.50 RCW;

(iv) Ocularists licensed under chapter 18.55 RCW;

(v) Massage operators and businesses licensed under chapter 18.108 RCW;

(vi) Dental hygienists licensed under chapter 18.29 RCW;

(vii) Acupuncturists licensed under chapter 18.06 RCW;

(viii) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW;

(ix) Respiratory care practitioners licensed under chapter 18.89 RCW;

(x) Persons registered or certified under chapter 18.19 RCW;

(xi) Persons registered as nursing pool operators under chapter 18.52C RCW;

(xii) Nursing assistants registered or certified under chapter 18.88A RCW;

(xiii) Health care assistants certified under chapter 18.135 RCW;

(xiv) Dietitians and nutritionists certified under chapter 18.138 RCW;

(xv) Chemical dependency counselors registered or certified under chapter 18.-- RCW (sections 2 through 7 of this act);

(xvi) Sex offender treatment providers certified under chapter 18.155 RCW;

((~~(xvi)~~)) (xvii) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205;

((~~(xvii)~~)) (xviii) Persons registered as adult family home providers and resident managers under RCW 18.48.020;

((~~(xviii)~~)) (xix) Denturists licensed under chapter 18.30 RCW; and

((~~(xix)~~)) (xx) Orthotists and prosthetists licensed under chapter 18.200 RCW.

(b) The boards and commissions having authority under this chapter are as follows:

(i) The podiatric medical board as established in chapter 18.22 RCW;

(ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW;

(iii) The dental quality assurance commission as established in chapter 18.32 RCW;

(iv) The board of hearing and speech as established in chapter 18.35 RCW;

(v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;

(vi) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;

(vii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;

(viii) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;

(ix) The medical quality assurance commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;

(x) The board of physical therapy as established in chapter 18.74 RCW;

(xi) The board of occupational therapy practice as established in chapter 18.59 RCW;

(xii) The nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses issued under that chapter;

(xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW; and

(xiv) The veterinary board of governors as established in chapter 18.92 RCW.

(3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160 by the disciplining authority.

(4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the Uniform Disciplinary Act, among the disciplining authorities listed in subsection (2) of this section.

NEW SECTION. Sec. 9. Sections 2 through 7 of this act constitute a new chapter in Title 18 RCW.

NEW SECTION. Sec. 10. This act takes effect July 1, 1998.