(Registered Counselors and Hypnotherapists Programs)
Title of Rule and Other Identifying Information: Amending WAC 246-810-010 Definitions, 246-810-031 Required
disclosure information; 246-810-062 Counselor associations or
societies and 246-810-990 Counselors fees and renewal cycle;
and repealing WAC 246-810-070 Cooperation with investigation,
246-810-110 Definitions, 246-810-120 Qualifications not
met -- Appeal, 246-810-130 Expired credential, 246-810-140
Temporary retirement, 246-810-310 Definitions, 246-810-334
Approved supervisor -- Qualifications, 246-810-345 Examination
appeal procedures, 246-810-348 Certification of persons
credentialed out-of-state, 246-810-510 Definitions,
246-810-534 Approved supervisor -- Qualifications, 246-810-545
Examination appeal procedures, 246-810-548 Certification of
persons credentialed out-of-state, 246-810-710 Definitions,
246-810-734 Approved supervisor -- Qualifications, 246-810-745
Examination appeal procedures, and 246-810-748 Certification
of persons credentialed out-of-state.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Tracy Hansen, Program Manager, Department of Health, Registered Counselors and Hypnotherapists Programs, 310 Israel Road S.E., Tumwater, WA 98502 , AND RECEIVED BY December 6, 2005.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The 2001 legislature passed a bill effective July 22, 2001, as HB 1761 (chapter 251, Laws of 2001) mandating the Department of Health to license marriage and family therapists, mental health counselors, and social workers. At the time licensure of the professions became effective, certification was repealed. The proposal amends and repeals sections within chapter 246-810 WAC. Specifically, the proposal:
Amends WAC 246-810-010, 246-810-031, 246-810-062, and 246-810-990 by deleting all references to "certified" or "certification," to ensure the rules are consistent with the statute.
Repeals sections related to certified counselors general requirements (WAC 246-810-120, 246-810-130 and 246-810-140), definitions (WAC 246-810-110, 246-810-310, 246-810-510, and 246-810-710), approved supervisor - qualifications (WAC 246-810-334, 246-810-534, and 246-810-734), examination appeal procedures (WAC 246-810-345, 246-810-545, and 246-810-745), certification of persons credentialed out-of-state for certified marriage and family therapists (WAC 246-810-348), certified mental health counselors (WAC 246-810-548) and certified social workers (WAC 246-810-748). These sections have been replaced by licensure within chapter 246-809 WAC, and for this reason are no longer necessary.
Repeals obsolete rules relating to a counselor's cooperation with an investigation (WAC 246-810-070). This section duplicates the existing statute of RCW 18.130.095.
Reasons Supporting Proposal: Other rules of the agency govern licensed counselors making these rules redundant and obsolete. The proposal ensures the rules are up to date, and easier to use for those who must comply with them.
Statutory Authority for Adoption: RCW 18.19.050.
Statute Being Implemented: Chapter 251, Laws of 2001.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of Health, Registered Counselors and Hypnotherapists Programs, Tracy Hansen, Program Manager, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Tracy Hansen, Program Manager, 310 Israel Road S.E., Tumwater, WA 98502, (360) 236-4915.
September 30, 2005
M. C. Selecky
AMENDATORY SECTION(Amending WSR 97-17-113, filed 8/20/97, effective 9/20/97)
WAC 246-810-010 Definitions. The following terms are defined within the meaning of this chapter.
(1) "Counselor" means and includes any registered
counselor or registered hypnotherapist((
, certified marriage
and family therapist, certified mental health counselor, or
certified social worker)) regulated under chapter 18.19 RCW.
"Certified counselor" means a certified marriage
and family therapist, certified mental health counselor, or
certified social worker regulated pursuant to chapter 18.19 RCW.
(3))) "Department" means the Washington state department
, whose address is:
Department of Health
Health Professions Quality Assurance Division
P.O. Box 47869
Olympia, Washington 98504-7869)).
(4))) (3) "Fee" as referred to in RCW 18.19.030 means
compensation received by the counselor for counseling services
provided, regardless of the source.
(5))) (4) "Hospital" means any health care institution
licensed (( according to)) under chapter 70.41 RCW.
(6))) (5) "Nursing home" means any health care
institution (( which comes)) licensed under chapter 18.51 RCW.
(7) "Similarly regulated" as referred to in RCW 18.19.040(1) means individuals who are currently registered,
certified, or licensed under other laws of this state wherein
disciplinary standards defining acts of unprofessional conduct
apply to each individual under the regulation.
(8))) (6) "Unprofessional conduct" as used in this
shall)) means the conduct described in RCW 18.130.180.
[Statutory Authority: RCW 18.19.050(1). 97-17-113, § 246-810-010, filed 8/20/97, effective 9/20/97. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-810-010, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.19.060. 89-14-070 (Order PM 840), § 308-190-030, filed 6/30/89. Statutory Authority: RCW 18.19.050. 88-11-024 (Order PM 728), § 308-190-030, filed 5/11/88.]
(a) Name of firm, agency, business, or counselor's practice.
(b) Counselor's business address and telephone number.
(c) Washington state registration ((
(d) The counselor's name and type of counseling they provide.
(e) The methods or techniques the counselor uses.
(f) The counselor's education, training, and experience.
(g) The course of treatment where known.
(h) Billing information, including:
(i) Client's cost per each counseling session;
(ii) Billing practices, including any advance payments and refunds.
(i))) (2) Disclosure statement. The counselor must
provide a disclosure statement to each client. The following
language must appear on every client's disclosure statement:
"Counselors practicing counseling for a fee must be
or certified)) with the department of health for
the protection of the public health and safety. Registration
of an individual with the department does not include a
recognition of any practice standards, nor necessarily implies
the effectiveness of any treatment." In addition to the
disclosure statement, the counselor must:
(j) Clients are to be informed of)) (a) Inform clients
about the purpose of the Counselor Credentialing Act, chapter 18.19 RCW. The purpose of the law regulating counselors is:
(( (A))) (i) To provide protection for public health and
safety; and (( (B))) (ii) to empower the citizens of the state
of Washington by providing a complaint process against those
counselors who would commit acts of unprofessional conduct.
(k) Clients are to be informed that they as
individuals)) (b) Inform clients they have the right to choose
counselors who best suit their needs and purposes. (This
subsection (( is)) does not (( intended to)) provide new rights
(( by superseding those adopted by previous statutes)) or
supersede existing law.)
(l) Clients are to be informed)) (c) Inform clients of
the (( extent)) limits of confidentiality (( provided by)) under
RCW 18.19.180 (( (1) through (6))).
(m) Clients are to be provided)) (d) Provide clients
with a list of or copy of the acts of unprofessional conduct
in RCW 18.130.180 (( with)) and the name, address, and contact
telephone within the department of health.
(2) Signatures are required of both the counselor
providing the disclosure information and the client
following)) (3) Upon providing the required disclosure
information to the client, the counselor and client must sign
and date a statement that:
(a) The counselor has provided the client ((
provided)) with a copy of the required disclosure information;
(b) The client has read and understands the information
provided)). The date of signature by each party is to be
included at the time of signing.
(3))) (4) The department of health publishes (( a)) an
informational brochure (( for the education)) to educate and
(( assistance of)) assist the public in understanding counselor
responsibilities and client rights and responsibilities. The
(( department brochure)) counselor may (( be photocopied))
photocopy and (( provided)) provide the brochure to each client
in conjunction with the disclosure information required in
this section. The counselor may not rely solely on the
brochure published by the department (( is insufficient, by
itself,)) to meet the requirements of this section.
[Statutory Authority: RCW 18.19.050(1). 97-17-113, § 246-810-031, filed 8/20/97, effective 9/20/97. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-810-031, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.19.060. 89-14-070 (Order PM 840), § 308-190-041, filed 6/30/89.]
[Statutory Authority: RCW 18.19.050(1). 97-17-113, § 246-810-062, filed 8/20/97, effective 9/20/97. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-810-062, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 89-14-092 (Order PM 842), § 308-190-090, filed 6/30/89.]
|(2)||The following nonrefundable fees will be charged for registered counselor:|
|Application and registration||$ 40.00|
|Late renewal penalty||37.00|
|Expired registration reissuance||37.00|
|Certification of registration||15.00
|(3)||The following nonrefundable fees will be charged for registered hypnotherapist:|
|Application and registration||95.00|
|Late renewal penalty||65.00|
|Expired registration reissuance||65.00|
|Certification of registration||15.00
[Statutory Authority: RCW 43.70.250, [43.70.]280 and 43.70.110. 05-12-012, § 246-810-990, filed 5/20/05, effective 7/1/05. Statutory Authority: RCW 43.70.250. 99-08-101, § 246-810-990, filed 4/6/99, effective 7/1/99. Statutory Authority: RCW 43.70.280. 98-05-060, § 246-810-990, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 18.19.050(1). 97-17-113, § 246-810-990, filed 8/20/97, effective 9/20/97. Statutory Authority: Chapter 18.19 RCW. 96-08-069, § 246-810-990, filed 4/3/96, effective 5/4/96. Statutory Authority: RCW 43.70.250. 93-14-011, § 246-810-990, filed 6/24/93, effective 7/25/93. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-810-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.70.250. 90-18-039 (Order 084), § 308-190-010, filed 8/29/90, effective 9/29/90; 90-04-094 (Order 029), § 308-190-010, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW 43.24.086. 87-18-033 (Order PM 669), § 308-190-010, filed 8/27/87.]
The following sections of the Washington Administrative Code are repealed:
|WAC 246-810-070||Cooperation with investigation.|
|WAC 246-810-120||Qualifications not met -- Appeal.|
|WAC 246-810-130||Expired credential.|
|WAC 246-810-140||Temporary retirement.|
|WAC 246-810-334||Approved supervisor -- Qualifications.|
|WAC 246-810-345||Examination appeal procedures.|
|WAC 246-810-348||Certification of persons credentialed out-of-state.|
|WAC 246-810-534||Approved supervisor -- Qualifications.|
|WAC 246-810-545||Examination appeal procedures.|
|WAC 246-810-548||Certification of persons credentialed out-of-state.|
|WAC 246-810-734||Approved supervisor -- Qualifications.|
|WAC 246-810-745||Examination appeal procedures.|
|WAC 246-810-748||Certification of persons credentialed out-of-state.|