S-3136.1  _______________________________________________

                         SENATE BILL 6363

          _______________________________________________

State of Washington   57th Legislature        2002 Regular Session

By Senators Winsley, Prentice, Thibaudeau and Fairley

Read first time 01/16/2002.  Referred to Committee on Health & Long‑Term Care.

Making it unprofessional conduct for a counselor or chemical dependency professional to give a treatment recommendation without a personal meeting with the patient.

    AN ACT Relating to unprofessional conduct of chemical dependency professionals and counselors; amending RCW 18.19.050; and adding a new section to chapter 18.205 RCW.

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

    Sec. 1.  RCW 18.19.050 and 2001 c 251 s 21 are each amended to read as follows:

    (1) In addition to any other authority provided by law, the secretary has the following authority:

    (a) To adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter;

    (b) To set all registration and renewal fees in accordance with RCW 43.70.250 and to collect and deposit all such fees in the health professions account established under RCW 43.70.320;

    (c) To establish forms and procedures necessary to administer this chapter;

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

    (e) To issue a registration to any applicant who has met the requirements for registration; and

    (f) To develop a dictionary of recognized professions and occupations providing counseling services to the public included under this chapter.

    (2) The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of registrations and the discipline of registrants under this chapter.  The secretary shall be the disciplining authority under this chapter.  The absence of educational or training requirements for counselors registered under this chapter or the counselor's use of nontraditional nonabusive therapeutic techniques shall not, in and of itself, give the secretary authority to unilaterally determine the training and competence or to define or restrict the scope of practice of such individuals.

    (3) A treatment recommendation by a counselor registered under this chapter constitutes unprofessional conduct under RCW 18.130.180 unless the counselor has personally met with the person who is the subject of the recommendation.

(4) The department shall publish and disseminate information in order to educate the public about the responsibilities of counselors and the rights and responsibilities of clients established under this chapter.  Solely for the purposes of administering this education requirement, the secretary shall assess an additional fee for each application and renewal, equal to five percent of the fee.  The revenue collected from the assessment fee may be appropriated by the legislature for the department's use in educating consumers pursuant to this section.  The authority to charge the assessment fee shall terminate on June 30, 1994.

NEW SECTION. Sec. 2.  A new section is added to chapter 18.205 RCW to read as follows:

    A treatment recommendation by a chemical dependency professional certified under this chapter constitutes unprofessional conduct under the uniform disciplinary act unless the chemical dependency professional has personally met with the person who is the subject of the recommendation.

                            --- END ---