BP BHEAD INT H [atlas:bill]

AN ACT Relating to certification of herbalists; and adding a new chapter to Title 18 RCW.

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

NEW SECTION. Sec. 1. It is the intent of this chapter to protect the public by providing for the certification of herbalists.

The use of botanicals by the general public is growing daily. According to the Journal of the American Medical Association, five billion dollars annually is spent nation-wide on medicinal herbs. Retail book websites now list up to three hundred fifty titles on herbal medicine for sale. Herbs are regularly a part of health reports in the media, however not all of the information is related in a useful or accurate way. Clearly, the public has a great desire to use and learn about herbal medicine. The critical issue is for them to learn from a capable and skilled individual. The legislature has an opportunity at this time to set a precedent in protecting the public from misinformation by regulating those qualified practitioners performing a public service.

The qualifications and practices of herbalists in this state are virtually unknown to potential clients. By promoting high standards of professional performance, by requiring professional accountability, and by credentialing those persons who seek to provide herbalism under the title certified herbalist, this chapter identifies those practitioners who have achieved a particular level of competency.

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

(1) "Certified herbalist" means a person certified to practice herbalism under this chapter.

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

(3) "Herbalism" means the use of a wide variety of plants and plant materials to improve the health and well-being of a client. Herbalism includes:

(a) Providing herbal counseling, education, and information as components of preventive and restorative health care;

(b) Establishing priorities, goals, and objectives that meet client needs and are consistent with available resources and constraints;

(d) Evaluating, making changes in, and maintaining appropriate standards of quality in herbal care services.

(4) "Herbalist" means an individual, or practitioner, who engages in the practice of herbalism for a fee.

(5) "Licensed practitioner" means any licensed health care practitioner performing services within the person's authorized scope of practice.

(6) "Secretary" means the secretary of health or the secretary's designee.

NEW SECTION. Sec. 3. (1) Certification is a voluntary process recognizing an individual who qualifies by examination and meets established educational prerequisites. Certification protects the title of practice.

(2) No person may represent oneself as certified or use any title or description of services without applying for certification, meeting the required qualifications, and being certified by the department of health, unless otherwise exempted by this chapter.

(3) A person represents himself or herself as a certified herbalist when any title or any description of services is used that incorporates one or more of the following designations: "Certified herbalist" or "C.H."

(4) The secretary may by rule proscribe or regulate advertising and other forms of client solicitation that are likely to mislead or deceive the public as to whether someone is certified under this chapter.

NEW SECTION. Sec. 4. (1) The secretary shall issue a certificate to any applicant who demonstrates to the secretary's satisfaction that the following requirements have been met:

(a) Successful completion of an educational program approved by the secretary consisting of:

(i) Six hundred classroom contact hours; and

(ii) One hundred clinical client contact hours; or

(b) Successful completion of alternate training meeting established criteria; and

(2) The secretary shall establish by rule what constitutes adequate proof of meeting the criteria.

(3) In addition, applicants are subject to the grounds for denial of a certificate or issuance of a conditional certificate under chapter 18.130 RCW.

NEW SECTION. Sec. 5. The secretary shall establish by rule the standards and procedures for approval of educational programs and alternative training. The secretary may utilize or contract with individuals or organizations having expertise in the profession or in education to assist in the evaluations. The secretary shall establish by rule the standards and procedures for revocation of approval of educational programs. The standards and procedures set apply equally to educational programs and training in the United States and in foreign jurisdictions. The secretary may establish a fee for educational program evaluations.

NEW SECTION. Sec. 6. Applications for certification must be submitted on forms provided by the secretary. The secretary may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the requirements for certification provided for in this chapter and chapter 18.130 RCW. Each applicant shall comply with administrative procedures, administrative requirements, and fees determined by the secretary as provided in RCW 43.70.250 and 43.70.280.

NEW SECTION. Sec. 7. The secretary shall establish by rule the procedural requirements and fees for renewal of certification. Failure to renew shall invalidate the certificate and all privileges granted by the certificate. If a certificate has lapsed for a period longer than three years, the person shall demonstrate competence to the satisfaction of the secretary by taking continuing education courses, or meeting other standards determined by the secretary.

NEW SECTION. Sec. 8. (1) The secretary has the authority to appoint an advisory committee to further the purposes of this chapter. The advisory committee shall be composed of five members, one member initially appointed for a term of one year, two for a term of two years, and two for a term of three years. Subsequent appointments shall be for terms of three years. No person may serve as a member of the committee for more than two consecutive terms. Members of the advisory committee must be residents of the state. Members of the committee include one naturopath licensed under chapter 18.36A RCW, one acupuncturist licensed under chapter 18.06 RCW, two herbalists who are professional members of the American herbalist guild, and one member of the general public who is not affiliated directly or indirectly with herbalism. The two herbalist members of the committee must be certified under this chapter within two years of the effective date of this section.

(2) The secretary may remove any member of the advisory committee for cause as specified by rule. In the case of a vacancy, the secretary shall appoint a person to serve for the remainder of the unexpired term.

(3) The advisory committee shall meet at the times and places designated by the secretary and shall hold meetings during the year as necessary to provide advice to the secretary. The committee may elect a chair and a vice chair. A majority of the members currently serving shall constitute a quorum.

(4) Each member of the advisory committee shall be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060. In addition, members of the committee shall be compensated in accordance with RCW 43.03.240 when engaged in the authorized business of their committee.

(5) The secretary, members of the advisory committee, or individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any credentialing or disciplinary proceedings or other official acts performed in the course of their duties.

(6) The committee's duties include, but shall not be limited to:

(a) Evaluating and designating those schools from which successful completion will be accepted as proof of an applicant's eligibility to be certified; and

(b) Determining whether alternative methods of training are equivalent to formal education, and to establish forms, procedures, and criteria for evaluation of an applicant's alternative training to determine the applicant's eligibility to be certified.

NEW SECTION. Sec. 9. Persons certified under this chapter shall provide all clients, at the commencement of any program of treatment, with accurate information concerning their practice. The information must inform the client of the purposes of and resources available under this chapter, including the right of the client to refuse treatment, and that it is the responsibility of the client to choose the provider and treatment modality that best suits the client's needs. The information disclosed by the herbalist must include the herbalist's relevant education and training, the therapeutic orientation of the practice, the proposed course of treatment where known, any financial requirements, and other information as the department may require. The information shall also include a statement that certification of an individual under this chapter does not include a recognition of any practice standards, nor necessarily imply the effectiveness of any treatment. Both the client and the herbalist must acknowledge in writing the receipt of the information required to be disclosed in this section.

NEW SECTION. Sec. 10. The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of credentials, unauthorized practice, and the discipline of persons credentialed under this chapter. The secretary is the disciplining authority under this chapter.

NEW SECTION. Sec. 11. Nothing in this chapter shall be construed to prohibit or restrict:

(1) Owners, operators, or employees of health food stores or herbal apothecaries provided the owners, operators, or employees do not hold themselves out to be certified herbalists;

(2) The practice by an individual licensed, certified, or registered under the laws of this state and performing services within the authorized scope of practice;

(3) The practice of herbalism by a person for no fee;

(4) The practice of herbalism by a person under the auspices of a religious denomination, church, or organization, or the practice of religion itself;

(5) Herbalists who are not Washington residents 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 certified in Washington state.

(6) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States; and

(7) The practice by a person who is a regular student in an educational program approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor.

NEW SECTION. Sec. 12. In addition to any other authority provided by law, the secretary has the authority to:

(1) Adopt rules under chapter 34.05 RCW necessary to implement this chapter;

(2) Establish all certification and renewal fees in accordance with RCW 43.70.250;

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

(4) Register any applicants, and to issue certificates to applicants who have met the education, training, and examination requirements for certification and to deny a certificate to applicants who do not meet the minimum qualifications, except that proceedings concerning the denial of a certificate based upon unprofessional conduct or impairment shall be governed by the uniform disciplinary act, chapter 18.130 RCW;

(5) Hire clerical, administrative, investigative, and other staff as needed to implement this chapter, and hire individuals certified under this chapter to serve as examiners for any practical examinations;

(6) Determine minimum educational requirements and evaluate and designate those educational programs from which successful completion will be accepted as proof of eligibility to take a qualifying examination for applicants for certification;

(7) Prepare, grade, and administer, or determine the nature of, and supervise the grading and administration of, examinations for applicants for certification;

(8) Determine whether alternative methods of training are equivalent to formal education, and establish forms, procedures, and criteria for evaluation of an applicant's alternative training to determine the applicant's eligibility to take any qualifying examination;

(9) Determine which states have certification requirements equivalent to those of this state, and issue certificates to individuals certified in those states without examinations;

(10) Define and approve any experience requirement for certification;

(11) Implement and administer a program for consumer education;

(12) Adopt rules implementing a continuing competency program;

(13) Maintain the official department record of all applicants and certificate holders; and

(14) Establish by rule the procedures for an appeal of an examination failure.

NEW SECTION. Sec. 13. The secretary shall keep an official record of all proceedings. A part of the record shall consist of a register of all applicants for certification under this chapter and the results of each application.

NEW SECTION. Sec. 14. An applicant holding a certificate in another state may be certified to practice in this state without examination if the secretary determines that the other state's certification standards are substantially equivalent to the standards in this state.

NEW SECTION. Sec. 15. This chapter only applies to a business or profession regulated under the laws of this state if this chapter is specifically referenced in the laws regulating that business or profession.

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 1 through 16 of this act constitute a new chapter in Title 18 RCW.