AN ACT Relating to treatment of sex offenders; reenacting and amending RCW 18.130.040; adding a new chapter to Title 18 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that persons who commit sex offenses pose a serious threat to public safety and are likely to reoffend if they are not treated and rehabilitated. The legislature further finds that to assure that sex offenders receive adequate treatment, it is necessary to establish standards for sex offender treatment.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Assessment" means the process in which the person conducting the assessment (a) gathers information, (b) evaluates the information gathered, (c) makes a diagnosis, and (d) makes recommendations for treatment.

(2) "Assessor" means the person who performs an assessment.

(3) "Department" means the department of health.

(4) "Secretary" means the secretary of health.

(5) "Sex offender therapist" means a person licensed under this chapter.

(6) "Supervision" means a supervisor/supervisee relationship as defined by rules adopted by the secretary.

NEW SECTION. Sec. 3. (1) No person may represent himself or herself to be a sex offender therapist or engage in the practice of treating sex offenders unless the person is licensed as a sex offender therapist by the secretary under this chapter.

(2) A person represents himself or herself to be a sex offender therapist when the person uses any title or description of services that incorporates one or more of the following terms: "Sex offender therapist" or "licensed sex offender therapist."

(3) The "practice of treating sex offenders" means the use of psychotherapeutic techniques for a fee, to attempt to ameliorate or control the deviant criminal sexual behavior of an individual or individuals.

NEW SECTION. Sec. 4. Nothing in this chapter shall prohibit a person who is properly supervised by a licensed sex offender therapist from providing treatment to sex offenders during the period that the person is a student or is otherwise working to obtain the experience required to be licensed under this chapter.

NEW SECTION. Sec. 5. In addition to any other authority provided by law, the secretary may:

(1) Adopt rules in accordance with chapter 34.05 RCW that are necessary to implement this chapter;

(2) Set all licensure examination, renewal, late renewal, duplicate, and verification fees in accordance with RCW 43.70.250;

(3) Establish the forms and procedures necessary to administer this chapter;

(4) Issue a license to any applicant who has met the requirements for licensure;

(5) Hire clerical, administrative, and investigative staff as needed to implement and administer this chapter;

(6) Investigate complaints or reports of unprofessional conduct as defined in this chapter and hold hearings pursuant to chapter 34.05 RCW;

(7) Issue subpoenas for records and attendance of witnesses, statements of charges, statements of intent to deny licenses, and orders; administer oaths; take or cause depositions to be taken; and use other discovery procedures as needed in any investigation, hearing, or proceeding held under this chapter;

(8) Maintain the official departmental record of all applicants and license holders;

(9) Delegate, in writing to a designee, the authority to issue subpoenas, statements of charges, and statements of intent to deny licensure;

(10) Prepare and administer or approve the preparation and administration of examinations for licensure;

(11) Establish by rule the procedures for an appeal of a failure of an examination;

(12) Conduct a hearing under chapter 34.05 RCW on an appeal of a denial of a license based on the applicant's failure to meet minimum qualifications for licensure.

NEW SECTION. Sec. 6. (1) The sex offender therapist advisory board is established to advise the secretary concerning the administration of this chapter. The board shall consist of seven members appointed by the secretary. Five board members shall be licensed sex offender therapists, except for initial members of the board, each engaged in the continuous practice of sex offender therapy for five years preceding appointment. Two board members shall be members of the public who are not involved in the mental health profession. Board members shall serve four-year terms, except that the board members' terms shall be staggered to ensure an orderly succession of new board members. The secretary may remove a board member for misconduct, incompetency, or neglect of duty, as specified by rule. Upon the death, resignation, or removal of a member the secretary shall appoint a new member to fill the vacancy on the board for the remainder of the unexpired term. No board member may serve more than two consecutive terms, whether full or partial.

(2) Board members shall be compensated in accordance with RCW 43.03.240 and reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

(3) The board shall elect a chairperson and vice-chairperson annually to direct the meetings of the board. The board shall meet at least twice a year, at times and locations determined by the secretary. A simple majority of the board members currently serving constitutes a quorum of the board.

(4) Upon receipt of a complaint against a sex offender therapist, the secretary shall investigate and evaluate the complaint to determine if disciplinary action is appropriate. The secretary may permit individual board members to participate in or conduct an investigation or evaluate an investigative report and make recommendations regarding further action. The secretary shall hold disciplinary hearings pursuant to chapter 34.05 RCW.

NEW SECTION. Sec. 7. The secretary, board members and individuals acting on their behalf shall not be civilly liable for any act performed in good faith in the course of their duties.

NEW SECTION. Sec. 8. The secretary shall issue a license to an applicant who, as determined by the secretary upon advice of the board, has:

(1) A master's or higher degree with two years supervised experience working with sex offenders;

(2) A license or certification from the department as a psychologist, physician or osteopathic physician practicing as a psychiatrist, certified marriage and family therapist, certified mental health counselor, or certified social worker;

(3) Specific training in treating sex offenders;

(4) Successfully completed an examination approved by the secretary that tests the applicant's knowledge of at least the following:

(a) The psychology of sex offenders;

(b) The psychology of the victims of sex offenders;

(d) Sex offender treatment methods and theories;

(5) Never been convicted or placed on diversion for committing a sexual offense or a crime of moral turpitude; and

(6) Never been disciplined in a licensure or certification action nor surrendered his or her license to avoid discipline in such action in this or another state for sexual misconduct with a client or patient or for unprofessional conduct.

NEW SECTION. Sec. 9. Persons with five or more years' experience treating sex offenders who have at least a bachelor's degree as of the effective date of this act shall be granted a sex offender therapist license if application is made within one year of the effective date of this act and the person meets all the requirements of this chapter except the master's degree requirement.

NEW SECTION. Sec. 10. Applications for certification shall be submitted on forms provided by the secretary. The secretary may require information and documentation to determine whether the applicant meets the criteria for licensure. Each applicant shall pay a fee determined by the secretary as provided in RCW 43.70.250 that shall accompany the application.

NEW SECTION. Sec. 11. The secretary shall establish by rule the requirements and the renewal and late renewal fees for licensure.

NEW SECTION. Sec. 12. The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice the issuance and denial of licenses, and the discipline of licensees under this chapter.

NEW SECTION. Sec. 13. (1) A person licensed under this chapter who conducts assessments of sex offenders shall:

(a) Have experience and training in the use of psychological testing; and

(b) Conduct testing only under the supervision of a licensed psychologist.

(2) The person who conducts the assessment of a sex offender pursuant to court order may not do an assessment of the victim or the sex offender's family members prior to or during the assessment of the sex offender unless the family member is also accused of being a sex offender.

NEW SECTION. Sec. 14. Treatment of the sex offender shall consist of at least the following:

(1) The sex offender shall have a valid assessment that complies with current assessment standards before starting treatment.

(2) The primary treatment modality shall include components that are directive in nature, confrontive, and limit setting.

(3) The treatment plan shall be consistent with and based on the assessment of the sex offender.

(4) The treating sex offender therapist shall demonstrate a feedback system for monitoring the sex offender while in treatment.

(5) The sex offender therapist shall use a follow-up program on all clients who have completed treatment with monthly visits for at least six months and annual visits for five years for the purpose of reinforcing treatment objectives.

(6) Confidential treatment records shall be kept for twenty-five years but may be computerized or placed on microfilm after the exit evaluation.

(7) The sex offender therapist shall view the community as the client and shall freely exchange information with appropriate corrections personnel.

Sec. 15. Section 7, chapter 243, Laws of 1988, section 22, chapter 267, Laws of 1988, and section 13, chapter 277, Laws of 1988 and RCW 18.130.040 are each reenacted and amended to read as follows:

(1) This chapter applies only to the ((~~director~~)) secretary and the boards having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

(2) (a) The ((~~director~~)) secretary has authority under this chapter in relation to the following professions:

(i) Dispensing opticians licensed under chapter 18.34 RCW;

(ii) Naturopaths licensed under chapter 18.36A RCW;

(iii) Midwives licensed under chapter 18.50 RCW;

(iv) Ocularists licensed under chapter 18.55 RCW;

(v) Massage operators and businesses licensed under chapter 18.108 RCW;

(vi) Dental hygienists licensed under chapter 18.29 RCW;

(vii) Acupuncturists certified under chapter 18.06 RCW;

(viii) Radiologic technologists certified under chapter 18.84 RCW;

(ix) Respiratory care practitioners certified under chapter 18.89 RCW;

(x) Persons registered or certified under chapter 18.19 RCW;

(xi) Persons registered as nursing pool operators;

(xii) Nursing assistants registered or certified under chapter 18.52B RCW; ((~~and~~))

(xiii) Dietitians and nutritionists certified under chapter 18.138 RCW; and

(xiv) Sex offender therapists licensed under sections 2 through 14 and 16 of this act.

(b) The boards having authority under this chapter are as follows:

(i) The podiatry board as established in chapter 18.22 RCW;

(ii) The chiropractic disciplinary board as established in chapter 18.26 RCW governing licenses issued under chapter 18.25 RCW;

(iii) The dental disciplinary board as established in chapter 18.32 RCW;

(iv) The council on hearing aids as established in chapter 18.35 RCW;

(v) The board of funeral directors and embalmers as established in chapter 18.39 RCW;

(vi) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;

(vii) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;

(viii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;

(ix) The medical disciplinary board as established in chapter 18.72 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;

(x) The board of physical therapy as established in chapter 18.74 RCW;

(xi) The board of occupational therapy practice as established in chapter 18.59 RCW;

(xii) The board of practical nursing as established in chapter 18.78 RCW;

(xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW;

(xiv) The board of nursing as established in chapter 18.88 RCW; ((~~and~~))

(xv) The veterinary board of governors as established in chapter 18.92 RCW; and

(xvi) The board of sex offender therapists as established in sections 2 through 14 and 16 of this act.

(3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. However, the board of chiropractic examiners has authority over issuance and denial of licenses provided for in chapter 18.25 RCW, the board of dental examiners has authority over issuance and denial of licenses provided for in RCW 18.32.040, and the board of medical examiners has authority over issuance and denial of licenses and registrations provided for in chapters 18.71 and 18.71A RCW. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160 by the disciplining authority.

NEW SECTION. Sec. 16. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 17. Sections 2 through 14 and 16 of this act shall constitute a new chapter in Title 18 RCW.