SENATE BILL REPORT

SHB 129

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

Senate Hearing Date(s):March 24, 1987; April 2, 1987

Majority Report:  Do pass as amended.

      Signed by Senators Wojahn, Chairman; Kiskaddon, Kreidler, Peterson, Tanner.

Senate Staff:Jean Meyn (786-7472)

                  April 3, 1987

AS REPORTED BY COMMITTEE ON HUMAN SERVICES & CORRECTIONS, APRIL 2, 1987

BACKGROUND:

The qualifications and practices of counselors in this state are virtually unknown to potential clients.  There are a variety of disciplines, theories, and techniques employed under a number of differing titles.  Serious charges of abuse in the counseling field, including sexual conduct with clients, have been reported by the media and public.

In addition, no state-recognized standards of qualification, education, training and experience exist for social workers, mental health counselors, and marriage and family therapists as a means of identifying those professions as ones which have achieved particular levels of competency.

Presently, no regulatory mechanism on the state level exists to provide new clients of professional counselors with information which will assist them in making informed consumer decisions nor protect them from any unethical, or deceptive practices that may be harmful to the mental or emotional health of the client.

SUMMARY:

The "Omnibus Credentialing Act for Counselors" has two principal features. First, all persons practicing counseling for a fee are required to register with the Department of Licensing, giving their name and business location.  However, exemptions from registration are provided for professionals already regulated by the state; federal and state employees; students and trainees of higher education institutions; counselors practicing with a religious organization; persons practicing without mandatory charge; public and private non-profit organizations or charities not primarily engaged in counseling; and research scientists for private corporations and public agencies.

Second, qualified individuals may apply for certification to practice using the title "certified social worker," "certified mental health counselor," or "certified marriage and family therapist."  Advisory committees to the Department to implement this chapter are authorized.

All persons registered and certified under this act are subject to the Uniform Disciplinary Act for the health professions.  They are required to disclose to clients their qualifications, therapeutic orientation, proposed course of counseling, financial arrangements and a statement that registration does not include a recognition of any practice standards.

The disclosure of information acquired from a client is prohibited with the following exceptions:  if when the client consents; where harm or a crime is involved; during court proceedings involving a minor as a victim of crime; in charges against the counselor; in response to a subpoena; or, when reporting abuse and neglect of children or dependent adults.

Those registered and certified under this act are required to report incidences of abuse and neglect.

This law sunsets on June 30, 1993.

Appropriation:    From the health professions account, $961,301 to the Department of Licensing and an additional $42,000 solely for public education.

SUMMARY OF PROPOSED SENATE AMENDMENT:

The counselor's use of nontraditional nonabusive therapeutic techniques shall not be a basis for the Department of Licensing to restrict the scope of practice of those counselors.

Fiscal Note:      available

Senate Committee - Testified: Lisa Kauffman, M.D.; Dianne Shisk and Katie Kauffman, Re-evaluation Counselling; Duane Riedesel, Washington State for Counselling and Development; Candyce S. Berger, National Association of Social Work; Shirley Feldman-Summers; Ann Schrock-Karpel; Helen Mehaulb, David E. Dickman, National Association of Social Workers; Dick Fitzgerald, Washington Association for Marriage and Family Therapy; Shirley J. Siegel, Stop Abuse by Counselors