BILL REQ. #:  H-3422.2 

Read first time 01/11/2006.   Referred to Committee on Criminal Justice & Corrections.

     AN ACT Relating to sex offender treatment providers; and amending RCW 18.155.030, 18.155.070, and 18.155.075.

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

Sec. 1   RCW 18.155.030 and 2004 c 38 s 4 are each amended to read as follows:
     (1) No person shall represent himself or herself as a certified sex offender treatment provider or certified affiliate sex offender treatment provider without first applying for and receiving a certificate pursuant to this chapter.
     (2) Only a certified sex offender treatment provider, or certified affiliate sex offender treatment provider who has completed at least fifty percent of the required hours under the supervision of a certified sex offender treatment provider, may perform or provide the following services:
     (a) Evaluations conducted for the purposes of and pursuant to RCW 9.94A.670 and 13.40.160;
     (b) Treatment of convicted level I, II, or III sex offenders who are sentenced and ordered into treatment pursuant to chapter 9.94A RCW and adjudicated level I, II, or III juvenile sex offenders who are ordered into treatment pursuant to chapter 13.40 RCW;
     (c) ((Except as provided under subsection (3) of this section,)) Treatment of sexually violent predators who are conditionally released to a less restrictive alternative pursuant to chapter 71.09 RCW.
     (3) A certified sex offender treatment provider, or certified affiliate sex offender treatment provider who has completed at least fifty percent of the required hours under the supervision of a certified sex offender treatment provider, may not perform or provide treatment of convicted sex offenders under subsection (2)(b) of this section or sexually violent predators under subsection (2)(c) of this section if the treatment provider has been:
     (a) Convicted of a sex offense, as defined in RCW 9.94A.030;
     (b) Convicted in any other jurisdiction of an offense that under the laws of this state would be classified as a sex offense as defined in RCW 9.94A.030; or
     (c) Suspended or otherwise restricted from practicing any health care profession by competent authority in any state, federal, or foreign jurisdiction.
     (((4) Certified sex offender treatment providers and certified affiliate sex offender treatment providers may perform or provide the following service: Treatment of convicted level I and level II sex offenders who are sentenced and ordered into treatment pursuant to chapter 9.94A RCW and adjudicated juvenile level I and level II sex offenders who are sentenced and ordered into treatment pursuant to chapter 13.40 RCW.))

Sec. 2   RCW 18.155.070 and 1990 c 3 s 807 are each amended to read as follows:
     The department shall issue a certificate to any applicant who meets the following requirements:
     (1) Successful completion of an educational program approved by the secretary or successful completion of alternate training which meets the criteria of the secretary;
     (2) Successful completion of any experience requirement established by the secretary;
     (3) Successful completion of an examination administered or approved by the secretary;
     (4) Not having engaged in unprofessional conduct or being unable to practice with reasonable skill and safety as a result of a physical or mental impairment;
     (5) Not convicted of a sex offense, as defined in RCW 9.94A.030 or convicted in any other jurisdiction of an offense that under the laws of this state would be classified as a sex offense as defined in RCW 9.94A.030; and
     (6) Other requirements as may be established by the secretary that impact the competence of the sex offender treatment provider.

Sec. 3   RCW 18.155.075 and 2004 c 38 s 6 are each amended to read as follows:
     The department shall issue an affiliate certificate to any applicant who meets the following requirements:
     (1) Successful completion of an educational program approved by the secretary or successful completion of alternate training which meets the criteria of the secretary;
     (2) Successful completion of an examination administered or approved by the secretary;
     (3) Proof of supervision by a certified sex offender treatment provider;
     (4) Not having engaged in unprofessional conduct or being unable to practice with reasonable skill and safety as a result of a physical or mental impairment; ((and))
     (5) Not convicted of a sex offense, as defined in RCW 9.94A.030 or convicted in any other jurisdiction of an offense that under the laws of this state would be classified as a sex offense as defined in RCW 9.94A.030; and
     (6) Other requirements as may be established by the secretary that impact the competence of the sex offender treatment provider.