PERMANENT RULES
Effective Date of Rule: Immediately.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: This effective date is necessary to implement 2008 legislation that amended chapter 18.19 RCW effective July 1, 2009. Additionally, immediate adoption is necessary for the public's health, safety, and access related to mental health care.
Purpose: Chapter 246-810 WAC, amending rules to implement 2008 legislation 2SHB 2674 which abolishes the registered counselor credential and creates the certified counselor, certified advisor, and agency affiliated counselor credentials.
2SHB 2674 (chapter 135, Laws of 2008) creates eight new counseling professions, effective July 1, 2009, and will abolish the registered counselor (RC) credential one year later, on July 1, 2010. Sections 2-10 of the bill added three new counseling credentials:
| • | Agency affiliated counselor (AAC), |
| • | Certified counselor (CC) and |
| • | Certified adviser (CA). |
Rules for the other five professions are addressed in separate rule packages.
These proposed rules for the AAC, CC, and CA professions:
| • | Establish the employment, education, and examination requirements to obtain each credential. |
| • | Identify the requirements for client disclosure and assessment for the CC and CA professions. |
| • | Clarify the minimum qualifications for individuals who are supervisors or consultants to a CC or CA. |
| • | Establish a process of agency recognition, in order to employ AAC. |
| • | Set continuing education requirements for a CC or CA. |
| • | Establish fees for each of the new credentials. |
| • | Abolish the RC credential. |
Citation of Existing Rules Affected by this Order: Amending 9 [WAC 246-810-010, 246-810-031, 246-810-035, 246-810-040, 246-810-045, 246-810-049, 246-810-060, 246-810-080, and 246-810-990].
Statutory Authority for Adoption: RCW 18.19.050.
Other Authority: Chapter 18.19 RCW.
Adopted under notice filed as WSR 09-11-112 on May 19, 2009.
Changes Other than Editing from Proposed to Adopted Version: WAC 246-810-010, both the AAC and agency definitions were expanded by adding "a specific counseling service or services." Also the definition of a recognized agency or facility was added and the subsequent sections were renumbered.
WAC 246-810-015, the scope of practice was added as section one and section two became the credentialing requirements.
WAC 246-810-016, in response to concerns from stakeholders, community mental health services licensed under chapters 71.05 and 71.24 RCW (DSHS) was added to the list of recognized agencies.
WAC 246-810-017, "to provide a specific counseling service or counseling services" was added to section one and section four. A new section three was also added that identifies the criteria the secretary may use to become recognized. The subsequent sections were renumbered.
WAC 246-810-025, housekeeping changes were made to subsection (1)(a) to bullet the listed items instead of having a running list separated by commas.
WAC 246-810-026, osteopathic physician assistants and physician assistants were included in error in the draft language. These professions are removed in the final adopted language.
WAC 246-810-0293, one of the associations, "Clinical Social Work Federation," was corrected to "Clinical Social Work Association."
WAC 246-810-031, the draft language specified that all counselors (RCs, CCs, CAs, and hypnotherapists, and AACs) must provide a disclosure statement to every patient prior to starting services. The final language was corrected to require that only CCs and CAs must meet this requirement.
WAC 246-810-990, there were housekeeping changes in the CA category. In addition, the expired credential reissuance and the late renewal penalty fee for CAs was incorrectly listed $65.00. The adopted language is corrected to list the fee as $50.00.
A final cost-benefit analysis is available by contacting Leann Yount, P.O. Box 47852, Olympia, WA 98504-7852, phone (360) 236-4856, fax (360) 236-2901, e-mail leann.yount@doh.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 21, Amended 8, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 21, Amended 8, Repealed 0.
Date Adopted: July 8, 2009.
Mary C. Selecky
Secretary
OTS-2240.9
AMENDATORY SECTION(Amending WSR 06-08-106, filed 4/5/06,
effective 5/6/06)
WAC 246-810-010
Definitions.
((The following terms are
defined within the meaning of this chapter.)) The definitions
in this section apply throughout this chapter unless the
content clearly requires otherwise.
(1) (("Counselor" means and includes any registered
counselor or registered hypnotherapist regulated under chapter 18.19 RCW.
(2))) "Agency" means an agency or facility operated, licensed, or certified by the state of Washington to provide a specific counseling service or services.
(2) "Agency affiliated counselor" means a person registered under chapter 18.19 RCW, and this chapter, who is engaged in counseling and employed by an agency listed in WAC 246-810-016 or an agency recognized under WAC 246-810-017 to provide a specific counseling service or services.
(3) "Certified adviser" means a person certified under chapter 18.19 RCW, and this chapter, who is engaged in private practice counseling to the extent authorized in WAC 246-810-021.
(4) "Certified counselor" means a person certified under chapter 18.19 RCW, and this chapter, who is engaged in private practice counseling to the extent authorized in WAC 246-810-0201.
(5) "Client" means an individual who receives or participates in counseling or group counseling.
(6) "Consultation" means the professional assistance and practice guidance that a certified counselor receives from a counseling-related professional credentialed under chapter 18.130 RCW. This may include:
(a) Helping the certified counselor focus on counseling practice objectives;
(b) Refining counseling modalities;
(c) Providing support to progress in difficult or sensitive cases;
(d) Expanding the available decision-making resources; and
(e) Assisting in discovering alternative approaches.
(7) "Counseling" means employing any therapeutic techniques including, but not limited to, social work, mental health counseling, marriage and family therapy, and hypnotherapy, for a fee that offer, assist, or attempt to assist, an individual or individuals in the amelioration or adjustment of mental, emotional, or behavioral problems, and includes therapeutic techniques to achieve sensitivity and awareness of self and others and the development of human potential. For the purpose of this chapter, nothing may be construed to imply that the practice of hypnotherapy is necessarily limited to counseling.
(8) "Counselor" means an individual who engages in the practice of counseling to the public for a fee, including for the purposes of this chapter, agency affiliated counselors, certified counselors, certified advisers, hypnotherapists, and until July 1, 2010, registered counselors.
(9) "Department" means the Washington state department of health.
(((3))) (10) "Fee" as referred to in RCW 18.19.030 means
compensation received by the counselor for counseling services
provided, regardless of the source.
(((4) "Hospital" means any health care institution
licensed under chapter 70.41 RCW.
(5) "Nursing home" means any health care institution licensed under chapter 18.51 RCW.
(6) "Unprofessional conduct" as used in this chapter means the conduct described in RCW 18.130.180.)) (11) "Hypnotherapist" means a person registered under chapter 18.19 RCW, and this chapter, who is practicing hypnosis as a modality.
(12) "Licensed healthcare practitioner" means a licensed practitioner under the following chapters:
(a) Physician licensed under chapter 18.71 RCW.
(b) Osteopathic physician licensed under chapter 18.57 RCW.
(c) Psychiatric registered nurse practitioner licensed under chapter 18.79 RCW.
(d) Naturopathic physician licensed under chapter 18.36A RCW.
(e) Psychologist licensed under chapter 18.83 RCW.
(f) Independent clinical social worker, marriage and family therapist, or advanced social worker licensed under chapter 18.225 RCW.
(13) "Private practice counseling" means the practice of counseling by a certified counselor or certified adviser as specified in WAC 246-810-0201 or 246-810-021.
(14) "Psychotherapy" means the practice of counseling using diagnosis of mental disorders according to the fourth edition of the Diagnostic and Statistical Manual of Mental Disorders, and the development of treatment plans for counseling based on diagnosis of mental disorders in accordance with established practice standards.
(15) "Recognized" means acknowledged or formally accepted by the secretary.
(16) "Recognized agency or facility" means an agency or facility that has requested and been recognized under WAC 246-810-017 to employ agency affiliated counselors to perform a specific counseling service, or services for those purposes only.
(17) "Secretary" means the secretary of the department of health or the secretary's designee.
(18) "Supervision" means the oversight that a counseling-related professional credentialed under chapter 18.130 RCW provides.
(19) "Unprofessional conduct" means the conduct described in RCW 18.130.180.
[Statutory Authority: RCW 18.19.050. 06-08-106, § 246-810-010, filed 4/5/06, effective 5/6/06. 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.]
(1) The practice of a profession by a person who is either registered, certified, licensed, or similarly regulated under the laws of this state and who is performing services within the person's authorized scope of practice, including any attorney admitted to practice law in this state when providing counseling incidental to and in the course of providing legal counsel;
(2) The practice of counseling by an employee or trainee of any federal agency, or the practice of counseling by a student of a college or university, if the employee, trainee, or student is practicing solely under the supervision of and accountable to the agency, college, or university, through which he or she performs such functions as part of his or her position for no additional fee other than ordinary compensation;
(3) The practice of counseling by a person for no compensation;
(4) The practice of counseling by persons offering services for public and private nonprofit organizations or charities not primarily engaged in counseling for a fee when approved by the organizations or agencies for whom they render their services;
(5) Evaluation, consultation, planning, policymaking, research, or related services conducted by social scientists for private corporations or public agencies;
(6) The practice of counseling by a person under the auspices of a religious denomination, church, or organization, or the practice of religion itself;
(7) The practice of counseling by peer counselors who use their own experience to encourage and support people with similar conditions or activities related to the training of peer counselors; and
(8) Counselors who reside outside Washington state from providing up to ten days per quarter of training or workshops in the state, as long as they do not hold themselves out to be registered or certified in Washington state.
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(2) The application for agency affiliated counselor, certified counselor, or certified adviser, must include a description of the applicant's orientation, discipline, theory, or technique.
(3) The secretary may require additional documentation to determine whether an applicant meets the qualifications for the credential and if there are any grounds for denial of the credential.
(4) Each applicant must pay the applicable fee as identified in WAC 246-810-990.
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(2) On and after July 1, 2010, an employee of a state agency, practice counseling, as part of his or her position, must be credentialed as an agency affiliated counselor unless they are exempt under WAC 246-810-011.
(3) A person may not, for a fee or as a part of his or her position as an employee of a state agency, practice hypnotherapy without being registered to practice as a hypnotherapist unless they are exempt under WAC 246-810-011.
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AGENCY AFFILIATED COUNSELORS(2) An applicant for an agency affiliated counselor must be employed by, or have an offer of employment from, an agency or facility identified in WAC 246-810-016.
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(1) Washington state departments and agencies listed in the Agency, Commission & Organization Directory available on the state of Washington web site.
(2) Community and technical colleges governed by the Washington state board for community and technical colleges.
(3) Colleges and universities governed by the Washington state higher education coordinating board.
(4) Hospitals licensed under chapter 70.41 RCW.
(5) Home health care agencies, home care agencies, and hospice care agencies licensed under chapter 70.127 RCW.
(6) Agencies and facilities licensed or certified under chapters 71.05 or 71.24 RCW.
(7) Psychiatric hospitals, residential treatment facilities, hospitals, and alcohol and chemical dependency entities licensed under chapter 71.12 RCW.
(8) Other agencies or facilities recognized by the secretary as provided in WAC 246-810-017.
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(2) When reviewing requests for recognition, the secretary may:
(a) Require forms and documentation;
(b) Consult with other state agencies and entities.
(3) In determining whether or not to recognize the agency or facility, the secretary may consider multiple criteria, including, but not limited to:
(a) Counseling quality assurance standards and requirements that are applicable to the agency or facility;
(b) Protections for ensuring patient safety in the delivery of supervised counseling services by counselors employed by the agency or facility; and
(c) Mechanisms for receiving and reporting complaints regarding counselors, investigating counselor conduct and practices, and taking corrective and disciplinary actions against counselors.
(4) The department will maintain a list of recognized agencies and facilities that may employ agency affiliated counselors to perform a specific counseling service or services under this section.
(5) Recognized agencies or facilities that cease to be operated, licensed, or certified by the state of Washington will no longer be recognized and will be removed from the list of recognized agencies.
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CERTIFIED COUNSELORS, CERTIFIED ADVISERS, AND HYPNOTHERAPISTS(1) Appropriate screening of the client's level of functional impairment using the global assessment of functioning as described in the fourth edition of the Diagnostic and Statistical Manual of Mental Disorders. Recognition of a mental or physical disorder or a global assessment of functioning score of sixty or less requires that the certified counselor refer the client for diagnosis and treatment to a licensed healthcare practitioner.
(2) If the client has a global assessment of functioning score greater than sixty, a certified counselor may counsel and guide the client in adjusting to life situations, developing new skills, and making desired changes, in accordance with the theories and techniques of a specific counseling method and established practice standards.
(3) If the client has a global assessment of functioning score of sixty or less, a certified counselor may counsel and guide the client in adjusting to life situations, developing new skills, and making desired changes, in accordance with the theories and techniques of a specific counseling method and established practice standards if:
(a) The client has been referred to the certified counselor by a licensed healthcare practitioner and care is provided as part of a plan of treatment developed by the referring practitioner who is actively treating the client. The certified counselor must adhere to any conditions related to the certified counselor's role as specified in the plan of care; or
(b) The certified counselor referred the client for diagnosis and treatment from a licensed healthcare practitioner and the client refused, in writing, to seek diagnosis and treatment from the other provider. The certified counselor may provide services to the client consistent with a treatment plan developed by the certified counselor and the consultant or supervisor with whom the certified counselor has a written consultation or supervisory agreement.
(4) A certified counselor must not be the sole treatment provider for a client with a global assessment of functioning score of less than fifty.
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(1) Appropriate screening of the client's level of functional impairment using the global assessment of functioning as described in the fourth edition of the Diagnostic and Statistical Manual of Mental Disorders. Recognition of a mental or physical disorder or a global assessment of functioning score of sixty or less requires that the certified adviser refer the client to a licensed healthcare practitioner.
(2) If the client has a global assessment of functioning score greater than sixty, a certified adviser may counsel and guide the client in adjusting to life situations, developing new skills, and making desired changes, in accordance with the theories and techniques of a specific counseling method and established practice standards.
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(a) Hold a valid, active registration that is in good standing or be in compliance with any disciplinary process and orders;
(b) Show evidence of having completed at least six clock hours of course work that included risk assessment, ethics, appropriate screening using the global assessment of functioning scale, client referral, and Washington state law;
(c) Pass an examination in risk assessment, ethics, appropriate screening using the global assessment of functioning scale, client referral, and Washington state law; and
(d) Have a written consultation agreement which meets the requirements in WAC 246-810-025 with a credential holder who meets the qualifications to be a consultant in WAC 246-810-026.
(2) Unless eligible for certification under subsection (1)(a) of this section, applicants for a certified counselor must:
(a) Have a bachelor's degree in a counseling-related field, as defined in WAC 246-810-024;
(b) Pass an examination in risk assessment, ethics, and appropriate screening using the global assessment of functioning scale, client referral, and Washington state law; and
(c) Have a written supervisory agreement which meets the requirements in WAC 246-810-025 with a credential holder who meets the qualifications to be a supervisor in WAC 246-810-026.
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(1) Have an associate degree which included a supervised internship in a counseling-related field as defined in WAC 246-810-024;
(2) Pass an examination in risk assessment, ethics, and appropriate screening using the global assessment of functioning scale, client referral, and Washington state law; and
(3) Have a written supervisory agreement which meets the requirements in WAC 246-810-025 with a credential holder who meets the qualifications to be a supervisor in WAC 246-810-026.
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(2) A counseling-related associate degree must be from a recognized educational program or institution. The degree must have the equivalent of at least two years of full-time study and a supervised internship. At least one fourth of the required courses must have included one or more of the subjects listed in subsection (4) of this section.
(3) An advanced or graduate degree from a recognized educational program or institution in any of the subject areas listed in subsection (4) of this section will meet the education requirements for certified counselor or certified adviser.
(4) Counseling-related subjects:
(a) Addiction counseling;
(b) Adolescent and child counseling;
(c) Anger management counseling;
(d) Applied behavioral science;
(e) Behavior management or behavior modification;
(f) Biofeedback;
(g) Child development;
(h) Clinical social work;
(i) Community mental health;
(j) Counseling persons with developmental or intellectual disabilities;
(k) Counseling ethics;
(l) Developmental psychology;
(m) Domestic violence counseling;
(n) Elder counseling;
(o) Grief counseling;
(p) Human development;
(q) Human services counseling;
(r) Learning disabilities counseling;
(s) Marriage and family counseling;
(t) Mental health counseling;
(u) Ministerial or pastoral counseling;
(v) Multicultural counseling;
(w) Organizational psychology;
(x) Personality theory;
(y) Physiological psychology;
(z) Psychiatry and psychiatric nursing;
(aa) Psychological measurement and research;
(bb) Psychology;
(cc) Psychopathology and abnormal psychology;
(dd) Sexual disorder counseling;
(ee) Social work;
(ff) Special education;
(gg) Stress disorder counseling;
(hh) Substance and chemical abuse counseling; and
(ii) Transpersonal psychology.
(5) The secretary may accept other equivalent counseling-related education or training programs in the subjects listed in subsection (4) of this section.
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(a) Written agreement. A written agreement between a qualified supervisor and the certified counselor or certified adviser is required and must be reviewed and renewed at least every two years. The agreement must address:
(i) The agreement duration;
(ii) Expectations of both parties;
(iii) Frequency and modalities of supervision;
(iv) Recordkeeping;
(v) Financial arrangements;
(vi) Client confidentiality; and
(vii) Potential conflict of interest.
(b) Frequency of supervision.
(i) During the first five years of practice, a minimum of two hours of supervision is required in any calendar month in which the certified counselor or certified adviser has had forty or more client contact hours.
(ii) After five years of practice, a minimum of one hour of supervision is required in any calendar month in which the certified counselor or certified adviser has forty or more client contact hours.
(iii) A minimum of two hours of supervision is required in any calendar quarter, regardless of the years in practice or number of client contact hours.
(iv) Up to half of the required supervision time may be supervision of practice in a group setting.
(c) Recordkeeping. A written record of supervision hours and topics must be maintained by both the supervisor and the certified counselor or certified adviser.
(2) Consultation. Certified counselors who meet the requirements of WAC 246-810-0221(1), must meet the following consultation requirements:
(a) Written agreement. A written agreement between a consultant who meets the requirements in WAC 246-810-026 and the certified counselor is required, and must be reviewed and renewed at least every two years. The agreement must address:
(i) The agreement duration;
(ii) Expectations of both parties;
(iii) Frequency and modalities of consultation;
(iv) Recordkeeping;
(v) Financial arrangements;
(vi) Client confidentiality; and
(vii) Potential conflict of interest.
(b) Frequency. The certified counselor will determine the consultation he or she needs. However, a minimum of one hour of consultation is required during any calendar quarter in which the certified counselor has forty or more client contact hours.
(c) Recordkeeping. A written record of consultation hours and topics must be maintained by the consultant and the certified counselor.
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(1) The supervisor or consultant must have held a Washington state credential in counseling-related fields for a minimum of five years. All credentials held by the supervisor or consultant must be in good standing. At least one credential must be active.
(2) For purposes of this section, counseling-related fields means a credential issued under chapter 18.130 RCW for:
(a) Certified counselor;
(b) Hypnotherapist;
(c) Mental health counselor;
(d) Marriage and family therapist;
(e) Independent clinical social work;
(f) Advanced social work;
(g) Psychologist;
(h) Chemical dependency professional;
(i) Sex offender treatment provider;
(j) Sex offender treatment provider affiliate;
(k) Medical physician;
(l) Osteopathic physician;
(m) Advanced registered nurse practitioner;
(n) Naturopathic physician; and
(o) Until July 1, 2010, registered counselor.
Additional credentials may be accepted by the secretary as counseling-related.
(3) The supervisor or consultant may not be a blood or legal relative or cohabitant of the credential holder, or someone who has acted as the credential holder's counselor within the past two years. A supervisor or consultant may not have a reciprocal supervisory or consultant arrangement with another credential holder.
(4) Prior to the commencement of any supervision or consultation, the supervisor or consultant must provide the certified counselor or certified adviser with a declaration on a form provided by the department.
(5) The supervisor must have completed education and training in:
(a) Supervision or management of individuals who provide counseling or mental health services;
(b) Risk assessment;
(c) Screening using the global assessment of functioning scale;
(d) Professional ethics; and
(e) Washington state law.
(6) The consultant must have completed education and training in:
(a) Risk assessment;
(b) Screening using the global assessment of functioning scale;
(c) Professional ethics; and
(d) Washington state law.
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(2) At least six of the thirty-six credit hours must be in law and professional ethics related to counseling.
(3) For those first credentialed in 2009, the first date to report the required continuing education begins with a credential holder's renewal date in 2011.
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(2) Continuing education courses, seminars, workshops, training programs, and institutes must have a featured instructor, speaker(s), or panel approved by an industry-recognized institution of higher learning, or a local, state, national, or international organization.
(3) Distance learning programs approved by an industry-recognized local, state, national or international organization or educational organization may meet these requirements. The programs must require a test of comprehension upon completion. Distance learning programs are limited to twelve hours per reporting period.
(4) Other learning experiences, such as serving on a panel, board or council, community service, research, peer consultation, or publishing articles for professional publications are acceptable if the experience contributes to the advancement, extension, and enhancement of the professional competence of the certified counselor or certified adviser. The experience is limited to six hours per reporting period.
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(1) Washington Association for Marriage and Family Therapy;
(2) Washington State Society for Clinical Social Work;
(3) Washington Chapter of the National Association of Social Work;
(4) American Mental Health Counselors Association;
(5) American Association for Marriage and Family Therapy;
(6) Clinical Social Work Association;
(7) National Association of Social Workers;
(8) Washington Mental Health Counselors Association;
(9) National Board for Certified Counselors;
(10) Association for Humanistic Psychology;
(11) The Association for Integrative Psychology;
(12) Society for Social Work Leadership in Health Care;
(13) Institutions of higher learning that are accredited by a national or regional accrediting body recognized by the Commission on Recognition of Postsecondary Accreditation;
(14) Washington Professional Counselor Association;
(15) State Association and National Association for the Treatment of Sexual Abusers;
(16) National Association of Alcohol and Drug Addiction Counselors; and
(17) Other organizations recognized by the secretary and included on a list maintained by the department.
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(2) The credential holder must provide documentation which demonstrates fulfillment of continuing education requirements if requested by the secretary.
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(a) Name of firm, agency, business, or counselor's practice.
(b) Counselor's business address and telephone number.
(c) Washington state registration number.
(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.
(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 registered 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:
(a) Inform clients about the purpose of the Counselor Credentialing Act, chapter 18.19 RCW. The purpose of the law regulating counselors is: (i) To provide protection for public health and safety; and (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.
(b) Inform clients they have the right to choose counselors who best suit their needs and purposes. (This subsection does not provide new rights or supersede existing law.)
(c) Inform clients of the limits of confidentiality under RCW 18.19.180.
(d) Provide clients with a list of or copy of the acts of unprofessional conduct in RCW 18.130.180 and the name, address, and contact telephone within the department of health.
(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 with a copy of the required disclosure information; and
(b) The client has read and understands the information. The date of signature by each party is to be included at the time of signing.
(4) The department of health publishes an informational brochure to educate and assist the public in understanding counselor responsibilities and client rights and responsibilities. The counselor may photocopy and 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 to meet the requirements of this section.)) (1) Certified counselors and certified advisers must provide a disclosure statement to each client prior to starting a program of treatment.
(2) The following must appear in the disclosure statement:
(a) The name of the certified counselor or certified adviser and the name of their firm, agency, or business, if any.
(b) The certified counselor's or certified adviser's business address and telephone number.
(c) The certified counselor's or certified adviser's Washington state credential number.
(d) The certified counselor's or certified adviser's education, training, and experience.
(e) The name and description of the types of counseling provided by the certified counselor or certified adviser, including the therapeutic orientation, methods, and techniques employed in their practice, and a list of resources relevant to the therapeutic orientation.
(f) The type and duration of counseling expected, if known at the time of providing the disclosure information.
(g) Fee information, including:
(i) The cost for each counseling session;
(ii) Billing practices, including any advance payments and refunds;
(iii) A statement that clients are not liable for any fees or charges for services rendered prior to receipt of the disclosure statement.
(h) The limits of confidentiality under RCW 18.19.180.
(i) Disclosure of the certified counselor's or certified adviser's supervisory or consultation agreement as defined in WAC 246-810-025.
(j) Disclosure that the certified counselor or certified adviser is not credentialed to diagnose mental disorders or to conduct psychotherapy as defined in WAC 246-810-010(14).
(k) All of the following:
(i) Counselors practicing counseling for a fee must be credentialed with the department of health for the protection of the public health and safety.
(ii) Credentialing of an individual with the department of health does not include a recognition of any practice standards, nor necessarily imply the effectiveness of any treatment.
(iii) The purpose of the Counselor Credentialing Act, chapter 18.19 RCW, is to:
(A) Provide protection for public health and safety; and
(B) Empower the citizens of the state of Washington by providing a complaint process against those counselors who would commit acts of unprofessional conduct.
(iv) Clients have the right to choose counselors who best suit their needs and purposes.
(l) A copy of the acts of unprofessional conduct in RCW 18.130.180 and the name, address, and contact telephone number within the department of health for complaints.
(m) Signature and date blocks for the client, and the certified counselor or certified adviser, including an attestation that the client agrees that the required disclosure statement has been provided and that the client has read and understands the information.
[Statutory Authority: RCW 18.19.050. 06-08-106, § 246-810-031, filed 4/5/06, effective 5/6/06. 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.]
(a) Client name;
(b) The fee arrangement and record of payments;
(c) Dates counseling was received;
(d) Disclosure form, signed by counselor and client;
(e) The presenting problem(s), or purpose ((or
diagnosis)) of counseling;
(f) Notation and results of formal consults, including information obtained from other persons or agencies through a release of information;
(g) Progress notes sufficient to support responsible clinical practice for the type of theoretical orientation/therapy the counselor uses.
(2) If a client requests that no treatment records be kept, and the counselor agrees to the request, the request must be in writing and only the following must be retained:
(a) Client name;
(b) Fee arrangement and record of payments;
(c) Dates counseling was received;
(d) Disclosure form, signed by counselor and client;
(e) Written request that no records be kept.
(3) The counselor ((must)) may not agree to the request
if maintaining records is required by other state or federal
law.
(4) All records must be kept for a period of five years
following the last visit. Within this five-year period, all
records must be ((maintained safely)) secured, with properly
limited access.
Special provisions must be made for the retention or
transferal of active or inactive records ((from clients last
seen inside of five years;)) and for continuity of services in
the event of a ((counselor going out of business,))
counselor's death ((or)), incapacitation, or cessation of
practice. Such special provisions may be made ((in a will
or)) by having another counselor review records with a client
and recommend a course of action; or other appropriate means
as determined by the counselor.
(5) After the five-year retention period, the counselor may dispose of the record. Disposal must be done in a secure and confidential manner that includes:
(a) Shredding;
(b) Deleting, erasing, or reformatting electronic media; and
(c) Other readable forms of media that are defaced or rendered unusable or unreadable.
[Statutory Authority: RCW 18.19.050(1). 97-17-113, § 246-810-035, filed 8/20/97, effective 9/20/97.]
(2) Chapter 74.34 RCW requires that all counselors report when there is reasonable cause to believe that abandonment, abuse, financial exploitation, or neglect of a vulnerable adult has occurred.
(3) The report ((shall)) must be made to the local law
enforcement agency or to the department of social and health
services ((at the first opportunity, but no longer than
forty-eight)) within twenty-four hours after there is
reasonable cause to believe that the child or vulnerable adult
has suffered abuse or neglect.
[Statutory Authority: RCW 18.19.050(1). 97-17-113, § 246-810-040, filed 8/20/97, effective 9/20/97. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-810-040, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.19.060. 89-14-070 (Order PM 840), § 308-190-042, filed 6/30/89.]
(2) Counselors who collect fees in advance of the service
provided must separate such funds from operating/expense
funds. Failure to properly account for such funds may be a
violation of the Securities Act, RCW 21.20.005. ((These fees
may not be expended by)) The counselor may not spend the funds
until ((such time as)) the service is provided. Any funds
left in the account, for ((which)) services ((were)) not
((rendered,)) provided must be returned to the client within
thirty days of the request ((by the client for return of the
funds)).
(3) Room rental fees or similar expenses (((i.e.)), for
example, as ((relates)) relating to group therapy(())), are
not considered fees paid in advance.
[Statutory Authority: RCW 18.19.050(1). 97-17-113, § 246-810-045, filed 8/20/97, effective 9/20/97.]
(2) A counselor shall never engage, or attempt to engage, in the activities listed in WAC 246-16-100(1) with a former patient, former client or former key party.
[Statutory Authority: RCW 18.155.040, 18.19.050, 18.225.040, 18.205.060, 18.130.050. 08-07-090, § 246-810-049, filed 3/19/08, effective 4/19/08. Statutory Authority: RCW 18.19.050(1). 97-17-113, § 246-810-049, filed 8/20/97, effective 9/20/97.]
[Statutory Authority: RCW 43.70.280. 98-05-060, § 246-810-080, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 18.19.050(1). 97-17-113, § 246-810-080, filed 8/20/97, effective 9/20/97. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-810-080, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.24.270. 88-22-077 (Order PM 786), § 308-190-200, filed 11/2/88.]
ADDITIONAL PROVISIONS APPLICABLE ONLY TO REGISTERED COUNSELORS(2) Individuals with a current or prior credential as a registered counselor may renew or reinstate their credential if all fees are paid and credentialing requirements are met. No registered counselor credentials will be renewed or reinstated after June 30, 2010.
(3) To continue to practice counseling, all registered counselors must hold a different counseling credential by July 1, 2010.
(4) All registered counselor credentials are abolished on July 1, 2010.
[]
(2) Any separate examination fees are the responsibility of the applicant.
| Title | Fee | |
| (( |
The following nonrefundable fees will be charged for registered counselor through 6/30/2010: | |
| (( |
||
| Renewal | $117.00 | |
| Late renewal penalty | 58.50 | |
| Expired registration reissuance | 65.00 | |
| Duplicate registration | 15.00 | |
| Certification of registration | 15.00 |
|
| (( |
The following nonrefundable fees will be charged for registered hypnotherapist: | |
| Application and registration | 95.00 | |
| Renewal | 130.00 | |
| Late renewal penalty | 65.00 | |
| Expired registration reissuance | 65.00 | |
| Duplicate registration | 15.00 | |
| Certification of registration | 15.00 | |
| (5) | The following nonrefundable fees will be charged for certified counselor: | |
| Application and certification | 110.00 | |
| Examination or reexamination | 85.00 | |
| Renewal | 90.00 | |
| Late renewal penalty | 50.00 | |
| Expired credential reissuance | 50.00 | |
| Duplicate credential | 15.00 | |
| Certification of credential | 15.00 | |
| (6) | The following nonrefundable fees will be charged for certified adviser: | |
| Application and certification | 80.00 | |
| Examination or reexamination | 85.00 | |
| Renewal | 65.00 | |
| Late renewal penalty | 50.00 | |
| Expired credential reissuance | 50.00 | |
| Duplicate credential | 15.00 | |
| Certification of credential | 15.00 | |
| (7) | The following nonrefundable fees will be charged for registered agency affiliated counselor: | |
| Application and registration | 50.00 | |
| Renewal | 40.00 | |
| Late renewal penalty | 40.00 | |
| Expired registration reissuance | 40.00 | |
| Duplicate registration | 15.00 | |
| Certification of registration | 15.00 | |
[Statutory Authority: RCW 43.70.110, 43.70.250 and 2008 c 329. 08-16-008, § 246-810-990, filed 7/24/08, effective 7/25/08. Statutory Authority: RCW 18.19.050. 06-08-106, § 246-810-990, filed 4/5/06, effective 5/6/06. 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.]
OTS-2530.1
AMENDATORY SECTION(Amending WSR 97-17-113, filed 8/20/97,
effective 9/20/97)
WAC 246-810-060
Mandatory reporting.
(((1) All reports
required by this chapter shall be submitted to the department
as soon as possible, but no later than twenty days after a
determination is made.
(2) Reports made in accordance with WAC 246-810-061, 246-810-062, 246-810-063, and 246-810-064 should contain the following information if known:
(a) The name, address, and telephone number of the person making the report.
(b) The name, address and telephone number of the counselors being reported.
(c) The case number of any client or patient whose treatment is a subject of the report.
(d) A brief description or summary of the facts which gave rise to the issuance of the report, including dates of occurrences.
(e) If court action is involved, the name of the court in which the action is filed along with the date of filing and docket number.
(f) Any further information which would aid in the evaluation of the report.
(3) Mandatory reports shall be exempt from public inspection and copying to the extent permitted under chapter 42.17 RCW.
(4) A person is immune from civil liability, whether direct or derivative, for providing information to the department pursuant to RCW 18.130.070.)) All individuals credentialed under this chapter are subject to the mandatory reporting requirements of chapter 246-16 WAC.
[Statutory Authority: RCW 18.19.050(1). 97-17-113, § 246-810-060, filed 8/20/97, effective 9/20/97. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-810-060, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 89-14-092 (Order PM 842), § 308-190-070, filed 6/30/89.]