BILL REQ. #:  S-1004.1 

Read first time 02/12/13.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to social worker licensing; amending RCW 18.225.010, 18.225.090, 18.225.145, and 43.70.442; and adding new sections to chapter 18.225 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 18.225 RCW to read as follows:
     The legislature finds that licensed advanced social workers and licensed independent clinical social workers represent different specializations within the social work profession, with each license signifying the highest degree of licensure as it pertains to each specialty. The legislature further finds that practitioners in each specialty exercise independent judgment and operate independently within their area of practice.
     Therefore, for purposes of job classification, licensed advanced social workers and licensed independent clinical social workers licensed under this chapter shall both be considered the top tier of licensure for the profession.

Sec. 2   RCW 18.225.010 and 2008 c 135 s 11 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Advanced social work" means the application of social work theory and methods, including:
     (a) Emotional and biopsychosocial assessment((,));
     (b) Psychotherapy under the supervision of a licensed independent clinical social worker, psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, psychiatric nurse, or other mental health professionals as may be defined by rules adopted by the secretary;
     (c) Case management((,));
     (d) Consultation((,));
     (e) Advocacy((,));
     (f) Counseling((,)); ((and)) or
     (g) 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) "Associate" means a prelicensure candidate who has a graduate degree in a mental health field under RCW 18.225.090 and is gaining the supervision and supervised experience necessary to become a licensed independent clinical social worker, a licensed advanced social worker, a licensed mental health counselor, or a licensed marriage and family therapist.
     (4) "Committee" means the Washington state mental health counselors, marriage and family therapists, and social workers advisory committee.
     (5) "Department" means the department of health.
     (6) "Disciplining authority" means the department.
     (7) "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.
     (8) "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.
     (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.
     (10) "Secretary" means the secretary of health or the secretary's designee.

Sec. 3   RCW 18.225.090 and 2008 c 141 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 supervised experience requirement consists of a minimum of three thousand two hundred hours with supervision by an approved supervisor who has been licensed for at least two years. Of those supervised hours:
     (I) At least ninety hours must include direct supervision as specified in this subsection by a licensed independent clinical social worker, a licensed advanced social worker, or an equally qualified licensed mental health professional. Of those hours of directly supervised experience:
     (1) At least fifty hours must include supervision by a licensed advanced social worker or licensed independent clinical social worker; the other forty hours may be supervised by an equally qualified licensed mental health practitioner; and
     (2) At least forty hours must be in one-to-one supervision and fifty hours may be in one-to-one supervision or group supervision;
     (II) Distance supervision is limited to forty supervision hours; and
     (III) 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 supervised experience requirement consists of a minimum of four thousand hours of experience, over a ((three-year)) period of not less than three years, with supervision by an approved supervisor who has been licensed for at least two years and, as specified in this subsection, may be either a licensed independent clinical social worker who has had at least one year of experience in supervising the clinical social work of others or an equally qualified licensed mental health practitioner. Of those supervised hours:
     (I) At least one thousand hours must be direct client contact;
     (II) Hours of direct supervision must include:
     (1) At least one hundred thirty hours by a licensed mental health practitioner;
     (2) At least seventy hours of supervision with a licensed independent clinical social worker meeting the qualifications under this subsection (1)(a)(ii)(C); the other sixty hours may be supervised by an equally qualified licensed mental health practitioner; and
     (3) At least sixty hours must be in one-to-one supervision and seventy hours may be in one-to-one supervision or group supervision; and
     (III) 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 or equally qualified licensed mental health practitioner, 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.
     (2) The department shall establish by rule what constitutes adequate proof of meeting the criteria. Only rules in effect on the date of submission of a completed application of an associate for her or his license shall apply. If the rules change after a completed application is submitted but before a license is issued, the new rules shall not be reason to deny the application.
     (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.

Sec. 4   RCW 18.225.145 and 2008 c 135 s 13 are each amended to read as follows:
     (1) The secretary shall issue an associate license to any applicant who demonstrates to the satisfaction of the secretary that the applicant meets the following requirements for the applicant's practice area and submits a declaration that the applicant is working toward full licensure in that category:
     (a) Licensed social worker associate--advanced or licensed social worker associate--independent clinical: Graduation from a master's degree or doctoral degree educational program in social work accredited by the council on social work education and approved by the secretary based upon nationally recognized standards.
     (b) Licensed mental health counselor associate: Graduation from a master's degree or doctoral degree educational program in mental health counseling or a related discipline from a college or university approved by the secretary based upon nationally recognized standards.
     (c) Licensed marriage and family therapist associate: 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.
     (2) Associates may not provide independent social work, mental health counseling, or marriage and family therapy for a fee, monetary or otherwise. Associates must work under the supervision of an approved supervisor.
     (3) Associates shall provide each client or patient, during the first professional contact, with a disclosure form according to RCW 18.225.100, disclosing that he or she is an associate under the supervision of an approved supervisor.
     (4) The department shall adopt by rule what constitutes adequate proof of compliance with the requirements of this section.
     (5) Applicants are subject to the denial of a license or issuance of a conditional license for the reasons set forth in chapter 18.130 RCW.
     (6) An associate license may be renewed no more than ((four)) six times, provided that the applicant for renewal has successfully completed eighteen hours of continuing education in the preceding year. Beginning with the second renewal, at least six of the continuing education hours in the preceding two years must be in professional ethics.

NEW SECTION.  Sec. 5   A new section is added to chapter 18.225 RCW to read as follows:
     To assess whether limitations on associate license renewals may be limiting the number of people able to complete the licensing process within statutory deadlines, the secretary shall report to the appropriate committees of the legislature on October 1st of each year, beginning in 2014 and ending in 2020, the number of associate licenses that have been renewed four, five, or six times.

Sec. 6   RCW 43.70.442 and 2012 c 181 s 2 are each amended to read as follows:
     (1)(a) Beginning January 1, 2014, each of the following professionals certified or licensed under Title 18 RCW shall, at least once every six years, complete a training program in suicide assessment, treatment, and management that is approved, in rule, by the relevant disciplining authority:
     (i) An adviser or counselor certified under chapter 18.19 RCW;
     (ii) A chemical dependency professional licensed under chapter 18.205 RCW;
     (iii) A marriage and family therapist licensed under chapter 18.225 RCW;
     (iv) A mental health counselor licensed under chapter 18.225 RCW;
     (v) An occupational therapy practitioner licensed under chapter 18.59 RCW;
     (vi) A psychologist licensed under chapter 18.83 RCW; ((and))
     (vii) An advanced social worker or independent clinical social worker licensed under chapter 18.225 RCW; and
     (viii) A social worker associate--advanced or social worker associate--independent clinical licensed under chapter 18.225 RCW.
     (b) The requirements in (a) of this subsection apply to a person holding a retired active license for one of the professions in (a) of this subsection.
     (2)(a)(((i))) Except as provided in (((a)(ii))) (b) of this subsection, a professional listed in subsection (1)(a) of this section must complete the first training required by this section during the first full continuing education reporting period after June 7, 2012, or the first full continuing education reporting period after initial licensure or certification, whichever occurs later.
     (((ii))) (b) A professional listed in subsection (1)(a) of this section applying for initial licensure on or after June 7, 2012, may delay completion of the first training required by this section for six years after initial licensure if he or she can demonstrate successful completion of a six-hour training program in suicide assessment, treatment, and management that:
     (((A))) (i) Was completed no more than six years prior to the application for initial licensure; and
     (((B))) (ii) Is listed on the best practices registry of the American foundation for suicide prevention and the suicide prevention resource center.
     (3) The hours spent completing a training program in suicide assessment, treatment, and management under this section count toward meeting any applicable continuing education or continuing competency requirements for each profession.
     (4)(a) A disciplining authority may, by rule, specify minimum training and experience that is sufficient to exempt a professional from the training requirements in subsection (1) of this section.
     (b) The board of occupational therapy practice may exempt occupational therapists from the training requirements of subsection (1) of this section by specialty, if the specialty in question has only brief or limited patient contact.
     (5)(a) The secretary and the disciplining authorities shall work collaboratively to develop a model list of training programs in suicide assessment, treatment, and management.
     (b) When developing the model list, the secretary and the disciplining authorities shall:
     (i) Consider suicide assessment, treatment, and management training programs of at least six hours in length listed on the best practices registry of the American foundation for suicide prevention and the suicide prevention resource center; and
     (ii) Consult with public and private institutions of higher education, experts in suicide assessment, treatment, and management, and affected professional associations.
     (c) The secretary and the disciplining authorities shall report the model list of training programs to the appropriate committees of the legislature no later than December 15, 2013.
     (6) Nothing in this section may be interpreted to expand or limit the scope of practice of any profession regulated under chapter 18.130 RCW.
     (7) The secretary and the disciplining authorities affected by this section shall adopt any rules necessary to implement this section.
     (8) For purposes of this section:
     (a) "Disciplining authority" has the same meaning as in RCW 18.130.020.
     (b) "Training program in suicide assessment, treatment, and management" means an empirically supported training program approved by the appropriate disciplining authority that contains the following elements: Suicide assessment, including screening and referral, suicide treatment, and suicide management. The disciplining authority may approve a training program that excludes one of the elements if the element is inappropriate for the profession in question based on the profession's scope of practice. A training program that includes only screening and referral elements shall be at least three hours in length. All other training programs approved under this section shall be at least six hours in length.
     (9) A state or local government employee is exempt from the requirements of this section if he or she receives a total of at least six hours of training in suicide assessment, treatment, and management from his or her employer every six years. For purposes of this subsection, the training may be provided in one six-hour block or may be spread among shorter training sessions at the employer's discretion.
     (10) An employee of a community mental health agency licensed under chapter 71.24 RCW or a chemical dependency program certified under chapter 70.96A RCW is exempt from the requirements of this section if he or she receives a total of at least six hours of training in suicide assessment, treatment, and management from his or her employer every six years. For purposes of this subsection, the training may be provided in one six-hour block or may be spread among shorter training sessions at the employer's discretion.