BILL REQ. #:  S-3736.1 

Read first time 01/15/2004.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to the licensing of counselors doing vocational evaluations or rehabilitation counseling; and amending RCW 18.225.010, 18.225.020, 18.225.030, 18.225.060, 18.225.070, and 18.225.090.

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

Sec. 1   RCW 18.225.010 and 2001 c 251 s 1 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Advanced social work" means the application of social work theory and methods including emotional and biopsychosocial assessment, psychotherapy under the supervision of a licensed independent clinical social worker, case management, consultation, advocacy, counseling, and community organization.
     (2) "Applicant" means a person who completes the required application, pays the required fee, is at least eighteen years of age, and meets any background check requirements and uniform disciplinary act requirements.
     (3) "Committee" means the Washington state mental health counselors, marriage and family therapists, ((and)) social workers, and vocational and rehabilitation counselors advisory committee.
     (4) "Department" means the department of health.
     (5) "Disciplining authority" means the department.
     (6) "Independent clinical social work" means the diagnosis and treatment of emotional and mental disorders based on knowledge of human development, the causation and treatment of psychopathology, psychotherapeutic treatment practices, and social work practice as defined in advanced social work. Treatment modalities include but are not limited to diagnosis and treatment of individuals, couples, families, groups, or organizations.
     (7) "Marriage and family therapy" means the diagnosis and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of relationships, including marriage and family systems. Marriage and family therapy involves the professional application of psychotherapeutic and family systems theories and techniques in the delivery of services to individuals, couples, and families for the purpose of treating such diagnosed nervous and mental disorders. The practice of marriage and family therapy means the rendering of professional marriage and family therapy services to individuals, couples, and families, singly or in groups, whether such services are offered directly to the general public or through organizations, either public or private, for a fee, monetary or otherwise.
     (8) "Licensed professional counselors doing vocational/career evaluations and rehabilitation counseling" means the application of rehabilitation counseling and vocational/career evaluations. Rehabilitation counseling practice is a systematic process which assists persons with physical, mental, developmental, cognitive, and emotional disabilities to achieve their personal, career, and independent living goals in the most integrated setting possible through the application of the counseling process. The counseling process involves communication, goal setting, and beneficial growth or change through self-advocacy, psychological, vocational, social, and behavioral interventions. The specific techniques and modalities utilized within rehabilitation counseling process and career counseling may include, but are not limited to, assessment and appraisal of individuals, including the selecting, administering, scoring, and interpreting of individual and group aptitude, ability, achievement, interest, and personality tests; diagnosis and treatment planning for mental, emotional, and behavioral conditions and psycho-social adjustment; vocational/career counseling; case management; program evaluation; and job analysis, job development placement services, labor market surveys, interventions to remove barriers and make accommodations in employment, environmental, and attitudinal areas. Vocational/career evaluation means the practice of evaluation that includes coordinating medical and physical limits, work history, education, and transferable knowledge skills and abilities into the determination of employability and suitability of a person for any occupation, and training analysis. It involves the application of personal interviews; psychological testing and measurement by individual or group assessment for ability and attitudes, achievement, vocational interests, personality, and behavioral adjustment; job analysis, job classification and pay, job placement, and job or labor market surveys, and forensic testimony.
     (9) "Mental health counseling" means the application of principles of human development, learning theory, psychotherapy, group dynamics, and etiology of mental illness and dysfunctional behavior to individuals, couples, families, groups, and organizations, for the purpose of treatment of mental disorders and promoting optimal mental health and functionality. Mental health counseling also includes, but is not limited to, the assessment, diagnosis, and treatment of mental and emotional disorders, as well as the application of a wellness model of mental health.
     (((9))) (10) "Secretary" means the secretary of health or the secretary's designee.

Sec. 2   RCW 18.225.020 and 2001 c 251 s 2 are each amended to read as follows:
     A person must not represent himself or herself as a licensed advanced social worker, licensed independent clinical social worker, licensed mental health counselor, ((or)) licensed marriage and family therapist, or licensed professional counselor doing vocational/career evaluations and rehabilitation counseling without being licensed by the department.

Sec. 3   RCW 18.225.030 and 2001 c 251 s 3 are each amended to read as follows:
     Nothing in this chapter shall be construed to prohibit or restrict:
     (1) The practice of marriage and family therapy, mental health counseling, ((or)) social work, or licensed professional counselors doing vocational/career evaluations and rehabilitation counseling by an individual otherwise regulated under this title and performing services within the authorized scope of practice;
     (2) The practice of marriage and family therapy, mental health counseling, ((or)) social work, or licensed professional counselors doing vocational/career evaluations and rehabilitation counseling by an individual employed by the government of the United States or state of Washington while engaged in the performance of duties prescribed by the laws of the United States or state of Washington;
     (3) The practice of marriage and family therapy, mental health counseling, ((or)) social work, or licensed professional counselors doing vocational/career evaluations and rehabilitation counseling by a person who is a regular student in an educational program based on recognized national standards and approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor;
     (4) The practice of marriage and family therapy, mental health counseling, ((or)) social work, or licensed professional counselors doing vocational/career evaluations and rehabilitation counseling under the auspices of a religious denomination, church, or religious organization.

Sec. 4   RCW 18.225.060 and 2001 c 251 s 6 are each amended to read as follows:
     The Washington state mental health counselors, marriage and family therapists, ((and)) social workers, and vocational and rehabilitation counselors advisory committee is established.
     (1) The committee shall be comprised of ((nine)) eleven members. Two members shall be licensed mental health counselors. Two members shall be licensed marriage and family therapists. Two members shall be licensed professional counselors doing vocational/career evaluations and rehabilitation counseling. One member shall be a licensed independent clinical social worker, and one member shall be a licensed advanced social worker. Three members must be consumers and represent the public at large and may not be licensed mental health care providers.
     (2) Three members shall be appointed for a term of one year, ((three)) four members shall be appointed for a term of two years, and ((three)) four members shall be appointed for a term of three years. Subsequent members shall be appointed for terms of three years. A person must not serve as a member for more than two consecutive terms. One new licensed professional counselor doing vocational/career evaluations and rehabilitation counseling shall be appointed for two years and the other counselor for three years, and then they shall be for three-year terms.
     (3)(a) Each member must be a resident of the state of Washington.
     (b) Each member must not hold an office in a professional association for mental health, social work, ((or)) marriage and family therapy, or licensed professional counselors doing vocational/career evaluations and rehabilitation counseling and must not be employed by the state of Washington.
     (c) Each professional member must have been actively engaged as a mental health counselor, marriage and family therapist, ((or)) social worker, or licensed professional counselors doing vocational/career evaluations and rehabilitation counseling for five years immediately preceding appointment.
     (d) The consumer members must represent the general public and be unaffiliated directly or indirectly with the professions licensed under this chapter.
     (4) The secretary shall appoint the committee members.
     (5) Committee members are immune from suit in an action, civil or criminal, based on the department's disciplinary proceedings or other official acts performed in good faith.
     (6) Committee members shall be compensated in accordance with RCW 43.03.240, including travel expenses in carrying out his or her authorized duties in accordance with RCW 43.03.050 and 43.03.060.
     (7) The committee shall elect a chair and vice-chair.

Sec. 5   RCW 18.225.070 and 2001 c 251 s 7 are each amended to read as follows:
     The department of health may seek the advice and assistance of the advisory committee in administering this chapter, including, but not limited to:
     (1) Advice and recommendations regarding the establishment or implementation of rules related to the administration of this chapter;
     (2) Advice, recommendations, and consultation regarding case disposition guidelines and priorities related to unprofessional conduct cases regarding licensed mental health counselors, licensed clinical social workers, licensed advanced social workers, ((and)) licensed marriage and family therapists, and licensed professional counselors doing vocational/career evaluations and rehabilitation counseling;
     (3) Assistance and consultation of individual committee members as needed in the review, analysis, and disposition of reports of unprofessional conduct and consumer complaints;
     (4) Assistance and recommendations to enhance consumer education; and
     (5) Assistance and recommendations regarding any continuing education and continuing competency programs administered under the provisions of ((the [this])) this chapter.

Sec. 6   RCW 18.225.090 and 2003 c 108 s 1 are each amended to read as follows:
     (1) The secretary shall issue a license to any applicant who demonstrates to the satisfaction of the secretary that the applicant meets the following education and experience requirements for the applicant's practice area.
     (a) Licensed social work classifications:
     (i) Licensed advanced social worker:
     (A) Graduation from a master's or doctorate social work educational program accredited by the council on social work education and approved by the secretary based upon nationally recognized standards;
     (B) Successful completion of an approved examination;
     (C) Successful completion of a supervised experience requirement. The experience requirement consists of a minimum of three thousand two hundred hours with ninety hours of supervision by a licensed independent clinical social worker or a licensed advanced social worker who has been licensed or certified for at least two years. Of those hours, fifty hours must include direct supervision by a licensed advanced social worker or licensed independent clinical social worker; the other forty hours may be with an equally qualified licensed mental health practitioner. Forty hours must be in one-to-one supervision and fifty hours may be in one-to-one supervision or group supervision. Distance supervision is limited to forty supervision hours. Eight hundred hours must be in direct client contact; and
     (D) Successful completion of continuing education requirements of thirty-six hours, with six in professional ethics.
     (ii) Licensed independent clinical social worker:
     (A) Graduation from a master's or doctorate level social work educational program accredited by the council on social work education and approved by the secretary based upon nationally recognized standards;
     (B) Successful completion of an approved examination;
     (C) Successful completion of a supervised experience requirement. The experience requirement consists of a minimum of four thousand hours of experience, of which one thousand hours must be direct client contact, over a three-year period supervised by a licensed independent clinical social worker who has been licensed or certified for at least five years and who has had at least one year of experience in supervising the clinical social work practice of others, with supervision of at least one hundred thirty hours by a licensed mental health practitioner. Of the total supervision, seventy hours must be with an independent clinical social worker meeting the qualifications under this subsection (1)(a)(ii)(C); the other sixty hours may be with an equally qualified licensed mental health practitioner. Sixty hours must be in one-to-one supervision and seventy hours may be in one-to-one supervision or group supervision. Distance supervision is limited to sixty supervision hours; and
     (D) Successful completion of continuing education requirements of thirty-six hours, with six in professional ethics.
     (b) Licensed mental health counselor:
     (i) Graduation from a master's or doctoral level educational program in mental health counseling or a related discipline from a college or university approved by the secretary based upon nationally recognized standards;
     (ii) Successful completion of an approved examination;
     (iii) Successful completion of a supervised experience requirement. The experience requirement consists of a minimum of thirty-six months full-time counseling or three thousand hours of postgraduate mental health counseling under the supervision of a qualified licensed mental health counselor in an approved setting. The three thousand hours of required experience includes a minimum of one hundred hours spent in immediate supervision with the qualified licensed mental health counselor, and includes a minimum of one thousand two hundred hours of direct counseling with individuals, couples, families, or groups; and
     (iv) Successful completion of continuing education requirements of thirty-six hours, with six in professional ethics.
     (c) Licensed marriage and family therapist:
     (i) Graduation from a master's degree or doctoral degree educational program in marriage and family therapy or graduation from an educational program in an allied field equivalent to a master's degree or doctoral degree in marriage and family therapy approved by the secretary based upon nationally recognized standards;
     (ii) Successful passage of an approved examination;
     (iii) Successful completion of a supervised experience requirement. The experience requirement consists of a minimum of two calendar years of full-time marriage and family therapy. Of the total supervision, one hundred hours must be with a licensed marriage and family therapist with at least five years' clinical experience; the other one hundred hours may be with an equally qualified licensed mental health practitioner. Total experience requirements include:
     (A) A minimum of three thousand hours of experience, one thousand hours of which must be direct client contact; at least five hundred hours must be gained in diagnosing and treating couples and families; plus
     (B) At least two hundred hours of qualified supervision with a supervisor. At least one hundred of the two hundred hours must be one-on-one supervision, and the remaining hours may be in one-on-one or group supervision.
     Applicants who have completed a master's program accredited by the commission on accreditation for marriage and family therapy education of the American association for marriage and family therapy may be credited with five hundred hours of direct client contact and one hundred hours of formal meetings with an approved supervisor; and
     (iv) Successful completion of continuing education requirements of thirty-six hours, with six in professional ethics.
     (d)(i) Licensed professional counselors doing vocational/career evaluations and rehabilitation counseling:
     (A) Graduation from a master's degree or doctoral degree educational program in rehabilitation counseling, educational psychology, counseling, or psychology, or graduation from an educational program in an allied field equivalent to a master's degree or doctoral degree approved by the secretary based upon nationally recognized standards;
     (B) Successful completion of an approved examination; such as the certified rehabilitation counselor exam or the American board of vocational experts exam, or equivalent exam at a score level acceptable to the board; and
     (C) Successful completion of a supervised experience requirement. The experience requirement consists of a minimum of three years of full-time work experience, or its pro-rated part-time equivalent, in rehabilitation counseling or vocational/career evaluation work. One year of the work experience must be supervised by a certified rehabilitation counselor (CRC), or an American board of vocational experts (ABVE) diplomate or fellow, or a person licensed under this professional license.
     (ii) For grandparenting purposes: Any person who, on the effective date of this act, or within two years after, possesses current recertification as a certified rehabilitation counselor; an American board of vocational experts, diplomate or fellow; a certified disability management specialist; or is a nationally certified career counselor from the specialty board of the national board of certified counselors will be accepted as qualified under this chapter by education, work experience, and examination. Additionally, anyone who has been employed as a vocational rehabilitation counselor for this state, either as a contractor or an employee, for five years full time, or its pro-rated part-time equivalent, and has a bachelor's degree acceptable to the board, will be considered eligible by education and work experience to take an examination acceptable to the board.
     (2) The department shall establish by rule what constitutes adequate proof of meeting the criteria.
     (3) In addition, applicants shall be subject to the grounds for denial of a license or issuance of a conditional license under chapter 18.130 RCW.