WSR 99-09-101

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed April 21, 1999, 11:33 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-19-092.

Title of Rule: WAC 246-924-180 Continuing education--Purpose and scope, 246-924-230 Continuing education requirements, 246-924-240 Definitions of categories of creditable CPE, 246-924-250 Continuing education--Special considerations, 246-924-300 Definition of acceptable documentation and proof of CPE, 246-924-330 Continuing education--Exemptions, and 246-924-340 Continuing education--Program or course approval.

Purpose: Change references in the continuing education rules from "continuing psychological education" to "continuing education." Delete incomplete listing of acceptable sources for obtaining continuing education. Add the Examining Board of Psychology as an acceptable organization to offer continuing education. Remove awarding continuing education credit to board members for their work on the board. Clarify continuing education required for reinstatement of an expired credential.

Statutory Authority for Adoption: RCW 18.83.090.

Statute Being Implemented: Chapter 18.83 RCW, Psychologists.

Summary: Licensed psychologists must meet the continuing education requirement established by statute and defined in rule by the Examining Board of Psychology. The proposed revisions will change the term used throughout the rules from "continuing psychology education" to "continuing education," allow credit for teaching a continuing education course for the first time, remove an incomplete list of continuing education providers, consolidate language and repeal one rule section, and discontinue awarding hours to board members for their work on the board.

Reasons Supporting Proposal: These revisions will clarify the continuing education requirement, increase opportunities for licensees to obtain appropriate continuing education and reduce the number of rule sections in chapter 246-924 WAC.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Janice K. Boden, Program Manager, 1300 Quince Street S.E., Olympia, WA 98504, (360) 236-4910.

Name of Proponent: Examining Board of Psychology, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The term "continuing psychology education" is used by the American Psychological Association to describe their CE offerings. It may be confusing to many psychologists for the term to also be used in the psychology rules. This change would be considered housekeeping, appearing throughout the sections noted above.

Names of specific organizations recognized by the board to provide CE courses are being deleted from the current rule language because the list does not include all recognized organizations. Language is also being added to allow credit toward the continuing education requirement for teaching an approved CE program for the first time. The request for this change came from the Washington State Psychological Association.

Language from WAC 246-924-340 is being consolidated with WAC 246-924-240. WAC 246-924-340 is being repealed.

Proposal Changes the Following Existing Rules: The term "continuing psychology education" is being replaced by "continuing education" throughout the above referenced sections.

WAC 246-924-240: Incorporates language from WAC 246-924-340, which is being repealed. Specific names of behavioral science organizations are being deleted because it is not a complete listing of these organizations. Language is being added to allow credit for teaching an approved continuing education program for the first time, and the Examining Board of Psychology will be recognized to provide continuing education.

WAC 246-924-250: Clarifies the number of continuing education hours licensed psychologists must obtain for reinstatement of their license when they have allowed their credential to expire for three years or more.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

Individual providers (psychologists) qualify as small businesses since less than fifty people are typically employed in their practices. Since most providers qualify as small businesses, there is no disproportionate impact to small businesses. When there is no disproportionate impact, mitigation is not necessary.

An estimated 1,600 credentialed providers must meet the continuing education requirement every three years. These rules do not add any additional financial impact to meeting that requirement.

Public involvement was solicited through printed materials mailed to all licensees and interested parties. The topic was also on the agenda for several board meetings. Meeting agendas were distributed to interested parties prior to each meeting.

Opportunity for written comments was provided during different stages of the development of the rules. Comments were received from the Washington State Psychological Association and numerous licensees.

A copy of the statement may be obtained by writing to Department of Health, Psychology Program, P.O. Box 47869, 1300 Quince Street S.E., Olympia, WA 98504-7869, phone (360) 236-4910, fax (360) 664-9484.

RCW 34.05.328 does not apply to this rule adoption. These are not significant rules.

Hearing Location: Tyee Hotel, Olympia Room, 500 Tyee Drive, Olympia, WA 98512, on June 11, 1999, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Janice K. Boden by June 1, 1999, TDD 1-800-525-0127, or 1-800-833-6388.

Submit Written Comments to: Janice K. Boden, fax (360) 664-9484, by June 1, 1999.

Date of Intended Adoption: June 11, 1999.

April 12, 1999

Janice K. Boden

Program Manager

OTS-3009.1


AMENDATORY SECTION(Amending Order 129B, filed 1/28/91, effective 2/28/91)

WAC 246-924-180
Continuing education--Purpose and scope.

The ultimate aim of continuing education is to ensure the highest quality of professional work.  Continuing ((psychology)) education consists of educational activities designed to review existing concepts and techniques and to convey information and knowledge about advances in psychology as applied to the work settings.  The objectives are to improve and increase the ability of the psychologist to deliver the highest possible quality of psychological work and to keep the professional psychologist abreast of current developments in a rapidly changing field.  All psychologists, licensed pursuant to chapter 18.83 RCW, and holders of certificates of qualification issued pursuant to RCW 18.83.105, will be required to meet the continuing education requirements set forth in these rules as a prerequisite to license renewal.

[Statutory Authority: RCW 18.83.050.  91-04-021 (Order 129B), § 246-924-180, filed 1/28/91, effective 2/28/91.]


AMENDATORY SECTION(Amending WSR 98-05-060, filed 2/13/98, effective 3/16/98)

WAC 246-924-230
Continuing education requirements.

(1) The Washington state board of psychology (hereafter referred to as the board) requires a minimum of sixty hours of continuing ((psychological)) education (hereafter referred to as ((CPE)) CE) every three years.

(2) A minimum of four hours credit in ethics must be included in the sixty hours required.  Areas to be covered, depending on the licensee's primary area(s) of function are practice, consultation, research, teaching, and/or supervision.

(3) Faculty providing ((CPE)) CE offerings shall meet the training and the full qualifications of their respective professions.  All faculty shall have demonstrated an expertise in the areas in which they are instructing.

(4) The board reserves the right to require any licensee to submit evidence, e.g., course or program certificate of training, transcript, course or workshop brochure description, evidence of attendance, etc., in addition to the affidavit form in order to demonstrate compliance with the sixty hours ((CPE)) CE requirement.

[Statutory Authority: RCW 43.70.280.  98-05-060, § 246-924-230, filed 2/13/98, effective 3/16/98.  Statutory Authority: RCW 18.83.050(5).  94-12-039, § 246-924-230, filed 5/25/94, effective 6/25/94.  Statutory Authority: RCW 18.83.050.  91-04-021 (Order 129B), § 246-924-230, filed 1/28/91, effective 2/28/91; 91-04-020 (Order 117B), recodified as § 246-924-230, filed 1/28/91, effective 2/28/91; Order PL 276, § 308-122-515, filed 11/16/77.]


AMENDATORY SECTION(Amending WSR 94-12-039, filed 5/25/94, effective 6/25/94)

WAC 246-924-240
Definitions of categories of creditable ((CPE)) CE.

All ((CPE)) CE activities shall be directly relevant to maintaining or increasing professional or scientific competence in psychology.  Courses or workshops primarily designed to increase practice income or office efficiency, while valuable to the licensee, are specifically noneligible for ((CPE)) CE credit.  Program sponsors or institutes should not apply for, nor expect to receive, prior or current board approval for CE status or category. Recognized activities shall include:

(1) Courses, seminars, workshops and post-doctoral institutes offered by educational institutions chartered by a state and recognized (accredited) by a regional association of schools, colleges and universities as providing graduate level course offerings.  Such educational activities shall be recorded on an official transcript or certificate of completion (((see WAC 246-924-180))).

(2) Courses (including correspondence courses), seminars, workshops and post-doctoral institutes sponsored by the American Psychological Association, ((the National Academy of Professional Psychologists,)) regional or state psychological associations or their subchapters, psychology internship training centers ((and)), other professionally or scientifically recognized behavioral science organizations ((such as, but not limited to, National Training Laboratories, National Association of Social Workers, Department of Veterans' Affairs, Regional Medical Education Centers, Western Psychological Association, Northwest Family Training Institute, Seattle Institute for Psychoanalytic Training)), and the board.

(3) Credit toward the CE requirement may be earned through teaching an approved CE program. Credit earned through teaching shall not exceed thirty hours every three years. Credit for teaching an approved CE program may be earned on the following basis:

(a) One credit hour for each sixty minutes actually spent teaching the program for the first event. Credit may be conferred for teaching similar subject matter only if the psychologist has actually spent an equal or greater amount of preparation time updating the subject matter to be taught on a later occasion.

(b) One credit hour for each sixty minutes actually spent participating in a panel presentation.

[Statutory Authority: RCW 18.83.050(5).  94-12-039, § 246-924-240, filed 5/25/94, effective 6/25/94.  Statutory Authority: RCW 18.83.050.  91-04-021 (Order 129B), § 246-924-240, filed 1/28/91, effective 2/28/91; 91-04-020 (Order 117B), recodified as § 246-924-240, filed 1/28/91, effective 2/28/91; Order PL 276, § 308-122-520, filed 11/16/77.]


AMENDATORY SECTION(Amending WSR 96-08-007, filed 3/22/96, effective 4/22/96)

WAC 246-924-250
Continuing education--Special considerations.

In lieu (total or partial) of sixty hours of ((CPE)) CE the board may consider credit hour approval and acceptance of other programs as they are developed and implemented, such as:

(1) Compliance with a ((CPE)) CE program developed by the American Psychological Association which provides either a recognition award or certificate, may be evaluated and considered for partial or total fulfillment of the ((CPE)) CE credit hour requirements of the board.

(2) Psychologists licensed in the state of Washington but practicing in a different state or country which has a mandatory or voluntary ((CPE)) CE program may submit to the board evidence of completion of that other state's or country's ((CPE)) CE requirements for evaluation and partial or total credit hour approval.

(3) Psychologists licensed in the state of Washington but practicing in a state, U.S. territory or foreign country without ((CPE)) CE requirements, or who are not legally required to meet those ((CPE)) CE requirements, may submit evidence of their ((CPE)) CE activities pursued outside of Washington state directly to the board for evaluation and approval based on conformity to the board's ((CPE)) CE requirements.

(4) The board may also accept evidence of diplomate award by the American Board of Professional Psychology (ABPP) and American Board of Psychological Hypnosis (ABPH) in lieu of sixty hours of ((CPE)) CE for that three year period in which the diplomate was awarded.

(5) Credit hours may be earned for other specialty board or diploma certifications if and when such are established.

(6) ((All board members appointed after December 31, 1985 shall receive, for each year of service on the board, ten continuing education credits, to be applied in any category the board member chooses.)) In accordance with WAC 246-12-040 (2)(c)(ix), psychologists who have allowed their credential to expire for three years or more must document completion of forty hours of CE, of which four hours must be in ethics. This CE must have been obtained within the two most recent years immediately prior to reinstatement.

[Statutory Authority: RCW 18.130.250 and 18.83.050.  96-08-007, § 246-924-250, filed 3/22/96, effective 4/22/96.  Statutory Authority: RCW 18.83.050(5).  94-12-039, § 246-924-250, filed 5/25/94, effective 6/25/94.  Statutory Authority: RCW 18.83.050.  91-04-020 (Order 117B), recodified as § 246-924-250, filed 1/28/91, effective 2/28/91; Statutory Authority: RCW 18.83.050(5).  86-04-087 (Order PL 578), § 308-122-525, filed 2/5/86; Order PL 276, § 308-122-525, filed 11/16/77.]


AMENDATORY SECTION(Amending WSR 94-12-039, filed 5/25/94, effective 6/25/94)

WAC 246-924-300
Definition of acceptable documentation and proof of ((CPE)) CE.

Licensees are responsible for acquiring and maintaining all acceptable documentation of their ((CPE)) CE activities.

Acceptable documentation shall include transcripts, letters from course instructors, or certificate of completion or other formal certification.  In all cases other than transcripts, the documentation must show the participant's name, the activity title, number of ((CPE)) CE credit hours, date(s) of activity, faculty's name(s) and degree and the signature of verifying individual (program sponsor).

[Statutory Authority: RCW 18.83.050(5).  94-12-039, § 246-924-300, filed 5/25/94, effective 6/25/94.  Statutory Authority: RCW 18.83.050.  91-04-021 (Order 129B), § 246-924-300, filed 1/28/91, effective 2/28/91.]


AMENDATORY SECTION(Amending Order 129B, filed 1/28/91, effective 2/28/91)

WAC 246-924-330
Continuing education--Exemptions.

In the event a licensee fails to meet requirements, because of illness, retirement (with no further provision of psychological services to consumers), failure to renew, or other extenuating circumstances, each case will be considered by the board on an individual basis.  When circumstances justify it, the board may grant a time extension.  The board may, in its discretion, limit in part or in whole the provision of psychological services to the consumers until the ((CPE)) CE requirements are met.  In the case of retirement or illness, the board may grant indefinite waiver of ((CPE)) CE as a requirement for relicensure, provided an affidavit is received indicating the psychologist is not providing psychological services to consumers.  If such illness or retirement status is changed or consumer psychological services are resumed, it is incumbent upon the licensee to immediately notify the board and to resume meeting ((CPE)) CE requirements for relicensure.  ((CPE)) CE credit hours will be prorated for the portion of that three year period involving resumption of such services.

[Statutory Authority: RCW 18.83.050.  91-04-021 (Order 129B), § 246-924-330, filed 1/28/91, effective 2/28/91.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 246-924-340Continuing education--Program or course approval.

© Washington State Code Reviser's Office