FINAL BILL REPORT

SHB 129

PARTIAL VETO

                                  C 512 L 87

BYHouse Committee on Human Services (originally sponsored by Representatives Brekke, Brooks, Leonard, Lewis, Crane, Scott, Moyer, Holm, P. King, Rayburn, Dellwo and Brough)

Adopting the omnibus credentialing act for counselors.

House Committe on Human Services

Rereferred House Committee on Ways & Means/Appropriations

Senate Committee on Human Services & Corrections

SYNOPSIS AS ENACTED

BACKGROUND:

Counseling disciplines, theories and techniques are employed in Washington state under many different titles.  There is no state regulatory mechanism for providing information to assist the public in making informed consumer decisions when selecting counselors, or to protect consumers from unethical or deceptive counseling practices that may be destructive to their mental or emotional health. Serious charges of abuse in the counseling field, including sexual conduct with clients, have been reported by the media and public.

In addition, there are no state-recognized competency standards for qualifications, education, training and experience that must be met by social workers, mental health counselors, and marriage and family therapists.

SUMMARY:

The Omnibus Credentialing Act for Counselors is established.  All persons practicing counseling for a fee are required to register with the Department of Licensing, giving their name and business location.  Exemptions from registration are provided for:  1) professions already regulated by the state; 2) federal employees; 3) students and trainees of higher education institutions; 4) counselors practicing under the auspices of a religious church, denomination or organization; 5) persons practicing without mandatory charge; 6) public and private non-profit organizations or charities not primarily engaged in counseling; 7) research scientists for private corporations and public agencies; and 8) out-of-state counselors providing up to 10 days per quarter of training.

Qualified individuals may apply for certification to practice counseling using the title "certified social worker," "certified mental health counselor," or "certified marriage and family therapist."  Qualifications for certification as a social worker include a master's degree, with two years of supervised practice and successful passage of an examination.  Mental health counselor certification requires a master's degree, with two years of postgraduate experience and successful completion of an examination.  Qualifications for marriage and family therapist certification include a master's degree, one year of supervised practice, two years of postgraduate supervised practice, and successful completion of an examination.

To further the purposes of the act, the director of the department is authorized to appoint advisory committees.

All persons registered and certified as counselors under the act are subject to the procedures and unprofessional conduct provisions of the Uniform Disciplinary Act for the health professions.  They are required to disclose to clients information about their:  qualifications, therapeutic orientation, proposed course of counseling and financial arrangements.  The disclosure must include a statement that registration does not include a recognition of any practice standards.  The director of the Department of Licensing may not determine any training or competence standards for those registering as counselors.

Disclosure of information acquired from a client during a counseling session is prohibited, except:  1) with the client's consent; 2) where involving harm or a crime; 3) during court proceedings involving a minor as a victim of a crime; 4) in charges against the counselor; 5) in response to a subpoena; or 6) when reporting abuse and neglect of children or adult dependent persons.

Counselors registered and certified under the act are required to report incidences of abuse and neglect of children, elderly citizens or developmentally disabled persons.

VOTES ON FINAL PASSAGE:

      House 81  14

      Senate    29    20(Senate amended)

      House 74  24(House concurred)

EFFECTIVE:July 26, 1987

Partial Veto Summary:  The requirement that registered counselors and certified social workers, mental health counselors, and marriage and family therapists report incidents of child or adult dependent person abuse or neglect under RCW 26.44.030 is vetoed.  (See VETO MESSAGE)