BP BHEAD INT S [atlas:bill]

AN ACT Relating to the omnibus credentialing act for counselors, social workers, mental health counselors, and marriage and family therapists; amending RCW 18.19.010, 18.19.020, 18.19.030, 18.19.090, 18.19.040, 18.19.050, 18.19.060, 18.19.070, 18.19.080, 18.19.100, 18.19.140, 18.19.150, 18.19.160, 18.19.170, 18.19.180, 18.19.190, 18.19.900, and 18.130.040; adding new sections to chapter 18.19 RCW; creating a new section; and repealing RCW 18.19.110, 18.19.120, and 18.19.130.

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

Sec. 1. RCW 18.19.010 and 1987 c 512 s 1 are each amended to read as follows:

(1) The qualifications and practices of counselors in this state are virtually unknown to potential clients. Beyond the regulated practices of psychiatry and psychology, there are a considerable variety of disciplines, theories, and techniques employed by other counselors under a number of differing titles. The legislature recognizes the right of all counselors to practice their skills freely, consistent with the requirements of the public health and safety, as well as the right of individuals to choose which counselors best suit their needs and purposes. This chapter shall not be construed to require or prohibit that individual or group policies or contracts of an insurance carrier, health care service contractor, or health maintenance organization provide benefits or coverage for services and supplies provided by a person registered or ((~~certified~~)) licensed under this chapter.

(2) There are three existing professional mental health professions that have become valued disciplines within the larger scope of mental health practices over the past twenty-five years. These include social work, mental health counseling, and marriage and family therapy. Though these professions may use a variety of theoretical orientations, they have demonstrated a comprehensive body of knowledge that can be quantified and used as the basis for ethical practice. While all counselors have the right to practice their skills freely, for a profession to become licensed, its practitioners must demonstrate skills that are internally cohesive and successful in practice. Social work, mental health counseling, and marriage and family therapy have met these criteria.

Sec. 2. RCW 18.19.020 and 1991 c 3 s 19 are each amended to read as follows:

((~~Unless the context clearly requires otherwise,~~)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) ((~~"Certified marriage and family therapist" means a person certified to practice marriage and family therapy pursuant to RCW 18.19.130.~~

~~(2) "Certified mental health counselor" means a person certified to practice mental health counseling pursuant to RCW 18.19.120.~~

~~(3) "Certified social worker" means a person certified to practice social work pursuant to RCW 18.19.110.~~)) "Approved clinical supervisor" means a licensed independent clinical social worker, licensed marriage and family therapist, or licensed mental health counselor, who has met the qualifications to be a clinical supervisor.

(2) "Approved social work program" means a school of social work or a social work educational program that has been accredited by the council on social work education, as determined by the secretary.

(3) "Case management" means the application of social work knowledge including finding appropriate services, providing assistance with daily living tasks, assessing needs of clients in terms of service needs, and providing referrals to needed services.

(4) "Client" means an individual ((~~who~~)), couple, family, group, organization, or community that receives or participates in counseling or group counseling.

(5) "Clinical supervision" means a professional relationship between a supervisor and a social worker, marriage and family therapist, or mental health counselor that provides evaluation and direction to the supervisee and promotes continued development of the social worker's knowledge skills and abilities in master's, advanced, or clinical social work, marriage and family therapy, or mental health counseling.

(6) "Consultation" means problem solving in a process that offers social work expertise to an individual, couple, family, group, organization, or community.

(7) "Continuing education" means education and training that will maintain, improve, or enhance social work knowledge and practice.

(8) "Counseling" means licensed counseling as defined in subsection (13) of this section or 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 purposes of this chapter, nothing may be construed to imply that the practice of hypnotherapy is necessarily limited to counseling.

((~~(6)~~)) (9) "Counselor" means an individual, practitioner, therapist, or analyst who engages in the practice of counseling to the public for a fee, including for the purposes of this chapter, hypnotherapists.

((~~(7)~~)) (10) "Department" means the department of health.

(11) "Independent practice" means the practice of clinical social work, marriage and family therapy, and mental health counseling outside an organized setting, such as a social, governmental, or medical agency, in which a clinical social worker, marriage and family therapist, and mental health counselor assumes responsibility and accountability for services provided.

(12) "Licensed advanced social worker" means a person licensed to practice advanced social work under this chapter.

(13) "Licensed counseling" means the application of social work, marriage and family therapy, or mental health counseling knowledge to a client with problems in relationships or with the environment through a supportive relationship, providing advice, and techniques that help a client to cope with current life stresses.

(14) "Licensed independent clinical social worker" means a person licensed to practice independent clinical social work under this chapter.

(15) "Licensed marriage and family therapist" means a person licensed to practice marriage and family therapy under this chapter.

(16) "Licensed mental health counselor" means a person licensed to practice mental health counseling under this chapter.

(17) "Licensed social worker" means a person licensed to practice master's level social work under this chapter.

(18) "Mental health advisory committee" means the advisory committee created under this chapter to advise the secretary on disciplinary matters, continuing education, scope of practice issues, and any other matters related to the professions of social work, marriage and family therapy, and mental health counseling.

(19) "Mental health counseling" means the application of principles of human development, learning theory, group dynamics, and etiology of mental illness and dysfunctional behavior to individuals, couples, families, groups, and organizations, for the purpose of treating mental disorders and promoting optimal mental health and functionality. It includes, but is not limited to, the assessment, diagnosis, and treatment of mental and emotional disorders, as well as the application of a wellness model of mental health.

(20) "Psychotherapy" means the diagnosis and treatment of emotional disorders through the utilization of specialized formal interaction between a clinical social worker, a marriage and family therapist, or a mental health counselor, and a client. It includes a therapeutic relationship that is established, maintained, and sustained through attention to conscious and unconscious processes in the treatment of psychosocial disorders, emotional disorders, behavioral disorders, addictive disorders, and interpersonal disorders.

((~~(8)~~)) (21) "Secretary" means the secretary of the department or the secretary's designee.

PART ONE

REGISTRATION OF COUNSELORS

Sec. 3. RCW 18.19.030 and 1991 c 3 s 20 are each amended to read as follows:

No person may, for a fee or as a part of his or her position as an employee of a state agency, practice counseling without being registered to practice by the department under this chapter unless exempt under RCW 18.19.040. ((No person may represent himself or herself as a certified social worker, certified mental health counselor, or certified marriage and family therapist without being so certified by the department under this chapter.))

Sec. 4. RCW 18.19.090 and 1991 c 3 s 24 are each amended to read as follows:

The secretary shall issue a registration to any applicant who submits, on forms provided by the secretary, the applicant's name, address, occupational title, name and location of business, and other information as determined by the secretary, including information necessary to determine whether there are grounds for denial of registration or issuance of a conditional registration under this chapter or chapter 18.130 RCW. Applicants for registration shall register as counselors or may register as hypnotherapists if employing hypnosis as a modality. Applicants shall, in addition, provide in their titles a description of their therapeutic orientation, discipline, theory, or technique. Each applicant shall pay a fee determined by the secretary as provided in RCW 43.70.250, which ((~~shall~~)) must accompany the application.

PART TWO

LICENSED SOCIAL WORK

NEW SECTION. Sec. 5. The legislature finds that the practice of social work affects the public health, safety, and welfare, and that only qualified persons should be permitted to engage in the practice. The legislature declares that the licensure of social work practice by the state is in the public interest.

NEW SECTION. Sec. 6. (1) No person may represent himself or herself as a licensed social worker, licensed advanced social worker, or licensed independent clinical social worker without being licensed by the department under this chapter unless exempted by this chapter.

(2) No public employee may represent himself or herself as a social worker, advanced social worker, or independent clinical social worker without holding a baccalaureate, master's, or doctoral degree from an educational program in social work approved by the secretary.

NEW SECTION. Sec. 7. The secretary shall issue a license to practice social work, advanced social work, or independent clinical social work to an applicant who demonstrates to the secretary's satisfaction that the following requirements have been met:

(1) For a license to practice social work, the qualifications are:

(a) Graduation from a master's level educational program approved by the secretary; and

(b) Successful completion of an approved examination.

(2) For a license to practice advanced social work, the qualifications are:

(a) Graduation from a master's or doctorate educational program approved by the secretary; and

(b) Successful completion of a supervised experience requirement. The experience requirement consists of a minimum of three thousand two hundred hours of experience over a two-year period as a licensed social worker, with supervision by a licensed clinical social worker of at least ninety hours. Of the total supervision, fifty hours must be in individual face-to-face supervision by a licensed advanced social worker, and forty hours of supervision may be with another qualified mental health professional. Distance supervision may be obtained for no more than forty hours supervision.

(3) For a license to practice independent clinical social work, the qualifications are:

(a) Graduation from a master's or doctorate level educational program approved by the secretary;

(b) Successful completion of an approved examination; and

(c) Successful completion of a supervised experience requirement. The experience requirement consists of a minimum of four thousand hours of experience over a three-year period as a licensed social worker or licensed advanced social worker with supervision by a licensed independent clinical social worker, with at least one hundred thirty hours in individual supervision. Of total supervision, seventy hours must be face-to-face supervision with a licensed advanced social worker, and sixty hours may be supervised by another qualified mental health professional. Distance supervision may be obtained for no more than sixty hours.

(4) Until twenty-four months after the effective date of this act, the secretary shall waive the examination and issue a license to practice.

NEW SECTION. Sec. 8. (1) The practice of licensed social work includes the knowledge and application of social work theory, methods, and ethics, including emotional assessment, case management, consultation, advocacy, counseling, and community organization.

(2) The practice of licensed advanced social work is a specialty which requires the knowledge and application of social work theory, methods, and ethics to individuals, couples, families, groups, organizations, and communities, and includes the ability to assess, develop, and implement treatment plans in the areas of counseling for emotional disorders, family systems, prevention, and psychosocial assessment. It also includes administration, policy development, school social work, medical social work, case management, organizational consultation, teaching, and research. Advanced social work involves the use of independent judgment, but does not include the independent practice of psychotherapy. Advanced social work practice that includes psychotherapy must be practiced under the supervision of a licensed independent clinical social worker. Other types of advanced social work may be practiced under the supervision of a licensed advanced social worker. Advanced social work is practiced in agency and organizational settings such as hospitals, community mental health agencies, schools, and other locales.

(3) The practice of licensed independent clinical social work is a specialty which requires the knowledge and application of social theory, methods, and ethics to individuals, couples, families, groups, organizations, and communities, and includes the ability to work independently with vulnerable clients to diagnose emotional disorders and treat disorders through psychotherapy, as well as assessment, consultation, supervision, and prevention. It requires clinical skills to restore, improve, or enhance emotional, cognitive, or social functioning. It is practiced with diagnostic assessment and treatment tools and the use of theory bases that may be psychodynamic, cognitive behavioral, family therapeutic, case management, biopsychosocial, and other established theory bases, including the functions of a licensed advanced social worker.

NEW SECTION. Sec. 9. A social worker licensed under this chapter shall biennially attend at least thirty-six hours of continuing education in curricula approved by the secretary as a condition of license renewal, of which six hours must be devoted to professional law and ethics. In approving the curricula, the secretary shall consider the educational and training standards of nationally recognized professional organizations of social work, mental health counseling, and marriage and family counseling and accredited schools offering graduate degrees in these programs in the state of Washington.

NEW SECTION. Sec. 10. In addition to acts of unprofessional conduct specified in RCW 18.130.180, a social worker licensed under this chapter committing the following acts of unethical conduct is subject to the disciplinary process and sanctions under the uniform disciplinary act, chapter 18.130 RCW.

(1) A licensee shall not engage in sexual relations with a past, present, or future client who has been, or is, in a counseling or therapeutic relationship with the licensee.

(2) A licensee shall not charge a client in a professional relationship a fee higher than the usual and customary fees recognized by the profession, as determined by the secretary, or otherwise profit from the professional relationship.

(3) A licensee shall not diagnose or treat a relative or other person who has a social relationship with the licensee.

(4) A licensee shall not have a business relationship outside the counseling or psychotherapeutic relationship with his or her client during the counseling or psychotherapy and for at least two years after the end of the counseling or psychotherapy.

NEW SECTION. Sec. 11. A social worker licensed for independent clinical social work for a period of at least two years may supervise social work practice. A social worker licensed for advanced social work for at least two years may supervise licensed social work.

NEW SECTION. Sec. 12. (1) A social worker certified pursuant to this chapter to practice social work for at least two years before the effective date of this act is eligible for a license as an independent clinical social worker, and upon application the secretary shall issue the license.

(2) An uncertified social worker meeting the requirements for licensure as an advanced social worker or independent clinical social worker is eligible, upon application to the secretary, for a license to practice as an advanced social worker or independent clinical social worker for two years following the effective date of this act.

(3) An uncertified social worker meeting partial requirements for licensure under this chapter may have up to two years from the effective date of this act to complete the qualifications for licensure.

(4) An uncertified social worker may have up to three years from the effective date of this act to meet the qualifications for licensure under this chapter.

NEW SECTION. Sec. 13. The confidentiality standard for supervised licensed social workers, licensed advanced social workers, and licensed independent social workers who are working with clients practicing counseling or psychotherapy are privileged. All other functions of social work practice have the same standard of confidentiality.

PART THREE

LICENSED MENTAL HEALTH COUNSELING

NEW SECTION. Sec. 14. No person may represent himself or herself as a licensed mental health counselor without holding a license issued by the department under this chapter unless exempted under this chapter.

NEW SECTION. Sec. 15. (1) The secretary shall issue a license to practice mental health counseling to any applicant who demonstrates to the secretary's satisfaction that the education and experience requirements for licensing have been met. Applications for licensing must be submitted on forms provided by the secretary. The secretary may require any information and documentation which reasonably relates to the need to determine whether the applicant meets the criteria for a license provided for in this chapter and chapter 18.130 RCW. Each applicant shall pay a fee determined by the secretary under RCW 43.70.250. The fee must accompany the application.

(2) An applicant for a license must:

(a) Provide official transcripts documenting the applicant's completion of a master's or doctoral degree in mental health counseling or a related discipline from a college or university accredited by a regional accrediting agency;

(b) Successfully complete a written examination on knowledge and application of mental health counseling which has been approved by the department for mental health counselors;

(c) Successfully complete thirty-six months or three thousand hours of postgraduate mental health counseling experience under supervision of a qualified mental health professional; and

(d) Provide three letters of reference from health or mental health practitioners attesting to the applicant's character and professional integrity.

NEW SECTION. Sec. 16. The applicant must demonstrate to the satisfaction of the secretary that the three thousand hours of required experience:

(1) Were performed under the general supervision of a qualified mental health professional who either meets or exceeds the standards of a licensed mental health counselor;

(2) Included a minimum of one hundred hours spent in immediate supervision with the qualified mental health professional; and

(3) Included a minimum of one thousand two hundred hours of direct counseling with individuals, couples, families, or groups.

NEW SECTION. Sec. 17. (1) A mental health counselor certified pursuant to this chapter to practice mental health counseling for at least two years before the effective date of this act is eligible for a license as a mental health counselor, and upon application the secretary shall issue the license.

(2) An uncertified mental health counselor meeting the requirements for mental health counselor licensure is eligible, upon application to the secretary, for a license to practice as a mental health counselor for two years following the effective date of this act.

(3) An uncertified mental health counselor meeting partial requirements for licensure under this chapter may have up to two years from the effective date of this act to complete the qualifications for licensure.

(4) An uncertified mental health counselor may have up to three years from the effective date of this act to meet the qualifications for licensure under this chapter.

PART FOUR

MARRIAGE AND FAMILY THERAPISTS

NEW SECTION. Sec. 18. (1) No person may represent himself or herself as a licensed marriage and family therapist, or use any title or description of services, without applying for licensure, meeting the required qualifications, and being licensed by the department under this chapter, unless otherwise exempted by this chapter.

(2) The practice of marriage and family therapy means the rendering of professional marriage and family therapy services to individuals, couples, and families, singly or in groups, whether such services are offered directly to the general public or through organizations, either public or private, for a fee, monetary or otherwise. "Marriage and family therapy" means the diagnosis and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of marriage and family systems. Marriage and family therapy involves the professional application of psychotherapeutic and family systems theories and techniques in the delivery of services to individuals, couples, and families for the purpose of treating diagnosed nervous and mental disorders.

NEW SECTION. Sec. 19. (1) The secretary shall issue a license to any applicant who demonstrates to the secretary's satisfaction that the following requirements have been met:

(a) Graduation from a master's degree or doctoral degree educational program in marriage and family therapy approved by the secretary, or from a graduate degree educational program in an allied field equivalent to a master's degree in marriage and family therapy approved by the secretary;

(b) Successful completion of work experience equal to at least two calendar years in marriage and family therapy under qualified supervision after graduation. "Qualified supervision" means the supervision of clinical services by an approved supervisor in accordance with standards approved by the secretary in consultation with the advisory committee. Clinical membership in a nationally recognized marriage and family therapy organization is deemed to meet the educational and experience qualifications for licensure provided under (a) and (b) of this subsection; and

(2) Applicants are subject to the grounds for denial of a license or temporary permit under chapter 18.130 RCW.

(3) The secretary shall issue a license to any applicant who is certified to practice marriage and family therapy by the department on the effective date of this act.

NEW SECTION. Sec. 20. The secretary is authorized to issue a temporary permit to an applicant to practice marriage and family therapy for up to one year while the application for examination is being processed, pending the taking of the examination and the receipt of the results.

NEW SECTION. Sec. 21. If both parties to a marriage have obtained marriage and family therapy by the same licensed marriage and family therapist, the therapist may not testify in an alimony or divorce action concerning information acquired in the course of the therapeutic relationship. The therapist is otherwise competent to testify in custody actions.

PART FIVE

COMMON ADMINISTRATIVE PROVISIONS FOR LICENSED SOCIAL WORK,

MENTAL HEALTH COUNSELING, AND MARRIAGE AND FAMILY THERAPY

NEW SECTION. Sec. 22. The secretary shall establish by rule the procedural requirements and fees for license renewal. Failure to renew invalidates the license and all privileges granted by the license. If a license has lapsed for a period longer than three years, the individual must demonstrate competence to the satisfaction of the secretary by taking continuing education courses or meeting other standards determined by the secretary.

NEW SECTION. Sec. 23. (1) A person licensed under this chapter to practice social work, mental health counseling, or marriage and family therapy must provide clients at the commencement of any program of treatment with accurate disclosure information concerning the practice, in accordance with rules adopted by the secretary, including the right of clients to refuse treatment, the responsibility of clients to choose the provider and treatment modality which best suits their needs, and the extent of confidentiality provided by this chapter. The disclosure information must also include the license holder's professional education and training, the therapeutic orientation of the practice, the proposed course of treatment where known, financial requirements, and such other information as required by rule. The disclosure must be acknowledged in writing by the client and license holder.

(2) The secretary, in consultation with the board, may adopt rules implementing this section.

NEW SECTION. Sec. 24. (1) The communication of a client in a treatment relationship with a person licensed under this chapter is considered confidential health care information and shall not be disclosed except as authorized pursuant to chapter 70.02 RCW.

(2) Confidential health care information is privileged against public disclosure to the same extent and subject to the same conditions as communications between an attorney and client under RCW 5.60.060.

NEW SECTION. Sec. 25. An applicant holding a credential in another state to practice social work, mental health counseling, or marriage and family therapy may be licensed to practice in this state without examination if the secretary determines that the other state's credentialing standards are substantially equivalent to the licensing standards in this state.

NEW SECTION. Sec. 26. The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of a license, unauthorized practice, and the discipline of persons licensed under this chapter.

Sec. 27. RCW 18.19.040 and 1987 c 512 s 4 are each amended to read as follows:

Nothing in this chapter may be construed to prohibit or restrict:

(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 without a mandatory charge;

(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, policy-making, 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) Counselors whose residency is not Washington state from providing up to ten days per quarter of training or workshops in the state, as long as they don't hold themselves out to be registered or ((~~certified~~)) licensed in Washington state.

Sec. 28. RCW 18.19.050 and 1991 c 3 s 21 are each amended to read as follows:

(1) In addition to any other authority provided by law, the secretary has the following authority:

(a) To adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter;

(b) To set all ((~~certification~~)) license, registration, and renewal fees in accordance with RCW 43.70.250 and to collect and deposit all such fees in the health professions account established under RCW 43.70.320;

(d) To hire clerical, administrative, and investigative staff as needed to implement this chapter;

(e) To issue a registration to any applicant who has met the requirements for registration;

(f) To set educational, ethical, and professional standards of practice for ((~~certification~~)) licensure;

(g) To prepare and administer or cause to be prepared and administered an examination for all qualified applicants for ((~~certification~~)) licensure;

(h) To establish criteria for evaluating the ability and qualifications of persons applying for a ((~~certificate~~)) license, including standards for passing the examination and standards of qualification for ((~~certification~~)) licensure to practice;

(i) To evaluate and designate those schools from which graduation will be accepted as proof of an applicant's eligibility to receive a ((~~certificate~~)) license and to establish standards and procedures for accepting alternative training in lieu of such graduation;

(j) To issue a ((~~certificate~~)) license to any applicant who has met the education, training, and conduct requirements for ((~~certification~~)) licensure;

(k) To set competence requirements for maintaining ((~~certification~~)) licensure; and

(l) To develop a dictionary of recognized professions and occupations providing counseling services to the public included under this chapter.

(2) The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of ((~~certifications~~)) licenses and registrations and the discipline of ((~~certified practitioners~~)) licensees and registrants under this chapter. The secretary shall be the disciplining authority under this chapter. The absence of educational or training requirements for counselors registered under this chapter or the counselor's use of nontraditional nonabusive therapeutic techniques shall not, in and of itself, give the secretary authority to unilaterally determine the training and competence or to define or restrict the scope of practice of such individuals.

(3) The department shall publish and disseminate information in order to educate the public about the responsibilities of counselors and the rights and responsibilities of clients established under this chapter. ((Solely for the purposes of administering this education requirement, the secretary shall assess an additional fee for each registration and certification application and renewal, equal to five percent of the fee. The revenue collected from the assessment fee may be appropriated by the legislature for the department's use in educating consumers pursuant to this section. The authority to charge the assessment fee shall terminate on June 30, 1994.))

Sec. 29. RCW 18.19.060 and 1987 c 512 s 6 are each amended to read as follows:

Persons registered or ((~~certified~~)) licensed under this chapter shall provide clients at the commencement of any program of treatment with accurate disclosure information concerning their practice, in accordance with guidelines developed by the department, that will inform clients of the purposes of and resources available under this chapter, including the right of clients to refuse treatment, the responsibility of clients for choosing the provider and treatment modality which best suits their needs, and the extent of confidentiality provided by this chapter. The disclosure information provided by the counselor, the receipt of which shall be acknowledged in writing by the counselor and client, shall include any relevant education and training, the therapeutic orientation of the practice, the proposed course of treatment where known, any financial requirements, and such other information as the department may require by rule. The disclosure information shall also include a statement that registration of an individual under this chapter does not include a recognition of any practice standards, nor necessarily imply the effectiveness of any treatment.

Sec. 30. RCW 18.19.070 and 1996 c 191 s 4 are each amended to read as follows:

(1) The Washington state mental health quality assurance council is created, consisting of seven members appointed by the secretary. All appointments shall be for a term of four years. No person may serve as a member of the council for more than two consecutive full terms.

Voting members of the council must include one social worker ((~~certified~~)) licensed under ((~~RCW 18.19.110~~)) this chapter, one mental health counselor ((~~certified~~)) licensed under ((~~RCW 18.19.120~~)) this chapter, one marriage and family therapist ((~~certified~~)) licensed under ((~~RCW 18.19.130~~)) this chapter, one counselor registered under RCW 18.19.090, one hypnotherapist registered under RCW 18.19.090, and two public members. Each member of the council must be a citizen of the United States and a resident of this state. Public members of the council may not be a member of any other health care licensing board or commission, or have a fiduciary obligation to a facility rendering health services regulated by the council, or have a material or financial interest in the rendering of health services regulated by the council.

The secretary may appoint the initial members of the council to staggered terms of from one to four years. Thereafter, all members shall be appointed to full four-year terms. Members of the council hold office until their successors are appointed.

The secretary may remove any member of the council 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.

(2) The council 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.

Each member of the council shall be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060. In addition, members of the council shall be compensated in accordance with RCW 43.03.240 when engaged in the authorized business of the council. The members of the council are immune from suit in an action, civil or criminal, based on their official acts performed in good faith as members of the council.

NEW SECTION. Sec. 31. (1) The secretary shall appoint an advisory committee on licensed social work, mental health counseling, and marriage and family therapy to further the purposes of this chapter. The committee may provide recommendations to the secretary on the implementation of the licensing provisions of this chapter, including the development of credentialing standards for licensed social work, mental health counseling, and marriage and family therapy, standards of practice, ethics, clinical issues related to disciplinary proceedings, administrative processes, and other matters within the secretary's authority under this chapter. The secretary shall consult with the committee on all policy or substantive matters pertaining to the implementation of this chapter, and the secretary shall consider the recommendations of the committee with due regard to the health, safety, and welfare of clients served by persons licensed under this chapter.

(2) The committee shall be composed of nine members, of which two members shall be mental health counselors, two members shall be marriage and family therapists, one member shall be an independent clinical social worker, one member shall be an advanced social worker, and three shall represent the public. Three members shall be appointed for a term of one year, three members appointed for a term of two years, and three members appointed for a term of three years. Subsequent members shall be appointed for terms of three years. No person may serve as a member for more than two consecutive terms. Each member must have been, for five years immediately preceding appointment, actively engaged in practice or in the education or training of license holders and have spent the majority of the time devoted to such activity in this state during the two years immediately preceding appointment. Members of the committee must be residents of the state. Three members must hold a license to practice social work, mental health counseling, and marriage and family therapy respectively. Two members must represent the public at large and be unaffiliated directly or indirectly with the professions licensed under this chapter. No person who holds an office in a mental health counseling, social work, or marriage and family therapy professional association or who is a public employee may be a member of the advisory committee.

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

(4) The committee shall meet at the times and places designated by the secretary and shall hold meetings as necessary to advise the secretary on the implementation of this chapter. The committee shall elect from its members a chair and vice-chair. A majority of the members currently serving constitute a quorum.

(5) Each member shall be reimbursed for travel expenses as authorized in RCW 43.03.250 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 the committee.

(6) The secretary, members of the committee, and persons acting on their behalf are immune from suit in any action, civil or criminal, based on any official acts performed in the course of their duties.

Sec. 32. RCW 18.19.080 and 1991 c 3 s 23 are each amended to read as follows:

The secretary shall keep an official record of all proceedings, a part of which record shall consist of a register of all applicants for registration or ((~~certification~~)) licensure under this chapter, with the result of each application.

Sec. 33. RCW 18.19.100 and 1996 c 191 s 5 are each amended to read as follows:

The secretary shall establish administrative procedures, administrative requirements, and fees for renewal of registrations and licenses as provided in RCW 43.70.250 and 43.70.280.

Sec. 34. RCW 18.19.140 and 1991 c 3 s 29 are each amended to read as follows:

Applications for ((~~certification~~)) licensure shall be submitted on forms provided by the secretary. The secretary may require any information and documentation which reasonably relates to the need to determine whether the applicant meets the criteria for ((~~certification~~)) licensure provided for in this chapter and chapter 18.130 RCW. Each applicant shall pay a fee determined by the secretary as provided in RCW 43.70.250, which shall accompany the application. The department shall not knowingly permit access to or use of its mailing list of ((~~certificate~~)) license holders for commercial purposes.

Sec. 35. RCW 18.19.150 and 1991 c 3 s 30 are each amended to read as follows:

(1) The date and location of the examinations required under this chapter shall be established by the secretary. Applicants who have been found by the secretary to meet the other requirements for ((~~certification~~)) licensure will be scheduled for the next examination following the filing of the application. However, the applicant will not be scheduled for any examination taking place sooner than sixty days after the application is filed.

(2) The secretary shall examine each applicant, by means determined most effective, on subjects appropriate to the scope of practice. The examinations shall be limited to the purpose of determining whether the applicant possesses the minimum skill and knowledge necessary to practice competently.

(3) The examination papers, all grading thereon, and the grading of any practical work shall be preserved for a period of not less than one year after the secretary has published the results. All examinations shall be conducted by the secretary by means of fair and wholly impartial methods.

(4) Any applicant who fails to make the required grade in the first examination is entitled to take up to three subsequent examinations as the applicant desires upon the prepayment of a fee determined by the secretary as provided in RCW 43.70.250 for each subsequent examination. Upon failure of four examinations, the secretary may invalidate the original application and require remedial education prior to admittance to future examinations.

(5) The secretary may approve an examination prepared or administered, or both, by a private testing agency or association of licensing agencies for use by an applicant in meeting the licensing requirement.

Sec. 36. RCW 18.19.160 and 1991 c 3 s 31 are each amended to read as follows:

(1) Upon receiving a written application, evidence of qualification and the required fee, the department shall issue a certificate for ((~~certification~~)) licensure without examination to an applicant who is currently credentialed under the laws of another jurisdiction, if the requirements of the other jurisdiction are substantially equal to the requirements of this chapter.

(2) A person ((~~certified~~)) licensed under this chapter who is or desires to be temporarily retired from practice in this state shall send written notice to the secretary. Upon receipt of the notice, the person shall be placed upon the nonpracticing list. While on the list, the person is not required to pay the renewal fees and shall not engage in any such practice. In order to resume practice, application for renewal shall be made in the ordinary course with the renewal fee for the current period. Persons in a nonpracticing status for a period exceeding five years shall provide evidence of current knowledge or skill, by examination, as the secretary may require.

Sec. 37. RCW 18.19.170 and 1998 c 32 s 1 are each amended to read as follows:

A ((~~certificate~~)) license issued under this chapter shall be renewed as provided in RCW 43.70.250 and 43.70.280. The secretary shall establish continuing ((~~competence~~)) education requirements by rule in consultation with the ((~~mental health quality assurance council~~)) advisory committee. ((~~Certified~~)) Licensed counselors are responsible for obtaining thirty-six clock hours of continuing education during the two-year reporting period immediately preceding renewal of ((~~certification~~)) licensure, including subjects in professional ethics and law.

Sec. 38. RCW 18.19.180 and 1991 c 3 s 33 are each amended to read as follows:

An individual registered or ((~~certified~~)) licensed under this chapter shall not disclose the written acknowledgment of the disclosure statement pursuant to RCW 18.19.060 nor any information acquired from persons consulting the individual in a professional capacity when that information was necessary to enable the individual to render professional services to those persons except:

(1) With the written consent of that person or, in the case of death or disability, the person's personal representative, other person authorized to sue, or the beneficiary of an insurance policy on the person's life, health, or physical condition;

(2) That a person registered or ((~~certified~~)) licensed under this chapter is not required to treat as confidential a communication that reveals the contemplation or commission of a crime or harmful act;

(3) If the person is a minor, and the information acquired by the person registered or ((~~certified~~)) licensed under this chapter indicates that the minor was the victim or subject of a crime, the person registered or ((~~certified~~)) licensed under this chapter may testify fully upon any examination, trial, or other proceeding in which the commission of the crime is the subject of the inquiry;

(4) If the person waives the privilege by bringing charges against the person registered or ((~~certified~~)) licensed under this chapter;

(5) In response to a subpoena from ((~~a court of law or~~)) the secretary. The secretary may subpoena only records related to a complaint or report under chapter 18.130 RCW; or

(6) As required under chapter 26.44 RCW.

Sec. 39. RCW 18.19.190 and 1987 c 512 s 18 are each amended to read as follows:

This chapter shall not be construed as permitting the administration or prescription of drugs or in any way infringing upon the practice of medicine and surgery as defined in chapter 18.71 RCW, or in any way infringing upon the practice of psychology as defined in chapter 18.83 RCW, or restricting the scope of the practice of counseling for those registered or ((~~certified~~)) licensed under this chapter.

Sec. 40. RCW 18.19.900 and 1987 c 512 s 20 are each amended to read as follows:

This chapter shall be known as the omnibus credentialing act for counselors, social workers, mental health counselors, and marriage and family therapists.

Sec. 41. RCW 18.130.040 and 1999 c 335 s 10 are each amended to read as follows:

(1) This chapter applies only to the secretary and the boards and commissions 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 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 licensed under chapter 18.06 RCW;

(viii) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW;

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

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

(xi) Persons registered as nursing pool operators under chapter 18.52C RCW;

(xii) Nursing assistants registered or certified under chapter 18.88A RCW;

(xiii) Health care assistants certified under chapter 18.135 RCW;

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

(xv) Chemical dependency professionals certified under chapter 18.205 RCW;

(xvi) Sex offender treatment providers certified under chapter 18.155 RCW;

(xvii) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205;

(xviii) Persons registered as adult family home providers and resident managers under RCW 18.48.020;

(xix) Denturists licensed under chapter 18.30 RCW;

(xx) Orthotists and prosthetists licensed under chapter 18.200 RCW; and

(xxi) Surgical technologists registered under chapter 18.215 RCW.

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

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

(ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW;

(iii) The dental quality assurance commission as established in chapter 18.32 RCW;

(iv) The board of hearing and speech as established in chapter 18.35 RCW;

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

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

(vii) 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;

(viii) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;

(ix) The medical quality assurance commission as established in chapter 18.71 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 nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses issued under that chapter;

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

(xiv) The veterinary board of governors as established in chapter 18.92 RCW.

(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. 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.

(4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the Uniform Disciplinary Act, among the disciplining authorities listed in subsection (2) of this section.

NEW SECTION. Sec. 42. The following acts or parts of acts are each repealed:

(1) RCW 18.19.110 (Certification of social workers) and 1991 c 3 s 26 & 1987 c 512 s 12;

(2) RCW 18.19.120 (Certification of mental health counselors--Practice defined--Continuing education) and 1995 c 183 s 1, 1991 c 3 s 27, & 1987 c 512 s 13; and

(3) RCW 18.19.130 (Certification of marriage and family therapists‑-Practice defined) and 1993 c 259 s 1, 1991 c 3 s 28, & 1987 c 512 s 14.

NEW SECTION. Sec. 43. Sections 5 through 26 and 31 of this act are each added to chapter 18.19 RCW.

NEW SECTION. Sec. 44. Part headings used in this act are not part of the law.