BILL REQ. #:  Z-0404.2 

Read first time 01/22/2007.   Referred to Committee on Health Care & Wellness.

     AN ACT Relating to credentialing standards for counselors; amending RCW 18.19.020, 18.19.030, 18.19.040, 18.19.050, 18.19.060, 18.19.090, 18.19.100, 18.225.010, 18.225.020, 18.225.150, 18.205.020, 18.205.030, and 18.205.040; adding new sections to chapter 18.19 RCW; adding a new section to chapter 18.225 RCW; adding a new section to chapter 18.205 RCW; creating a new section; and providing an effective date.

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

Sec. 1   RCW 18.19.020 and 2001 c 251 s 18 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) "Agency" means an agency or facility operated, licensed, or certified by the state of Washington.
     (2) "Agency affiliated counselor" means a person registered under this chapter who is engaged in therapeutic counseling and employed by an agency.
     (3) "Client" means an individual who receives or participates in counseling or group counseling.
     (((2) "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 purposes of this chapter, nothing may be construed to imply that the practice of hypnotherapy is necessarily limited to counseling.
     (3))) (4) "Counseling associate" means a person registered under this chapter who is engaged in therapeutic counseling in private or group practices.
     (5) "Counselor" means ((an individual, practitioner, therapist, or analyst)) a person who engages in the practice of therapeutic counseling to the public for a fee((, including for the purposes of this chapter, hypnotherapists)).
     (((4))) (6) "Department" means the department of health.
     (((5))) (7) "Hypnotherapist" means a person registered under this chapter who is practicing hypnosis as a modality.
     (8) "Secretary" means the secretary of the department or the secretary's designee.
     (9) "Therapeutic counseling" means employing a recognized theory with a deliberate and defined therapeutic technique, for a fee, that assists, or attempts to assist, an individual or individuals in the amelioration or adjustment of mental, emotional, or behavioral problems. Therapeutic counseling also includes using such techniques to improve a client's mental health, achieve sensitivity and awareness of self and others, and develop human potential. For the purposes of this chapter, "therapeutic counseling" does not include:
     (a) Counseling done by vocational counselors related to employment, career development, or vocational rehabilitation; school counselors employed or contracted with a school or college who work to promote the academic career and personal and social development of students; peer counselors and student peer counselors who use their own experience to help people in similar situations; domestic violence treatment providers; crime victim advocates; or camp counselors; or
     (b) Supportive services such as case management activities, human services, residential support, or administration of tests unless these services are provided in conjunction with therapeutic counseling. "Therapeutic counseling" does not imply proficiency in the practice or competencies of licensed marriage and family therapy, mental health counselor, social work, chemical dependency professional, psychiatric nurse practice, psychology, or psychiatry that are regulated under other laws.

Sec. 2   RCW 18.19.030 and 2001 c 251 s 19 are each amended to read as follows:
     ((No)) A person may not, ((for a fee or)) as a part of his or her position as an employee of a state agency, practice therapeutic counseling without being registered to practice as an agency affiliated counselor or counseling associate by the department under this chapter unless exempt under RCW 18.19.040.

NEW SECTION.  Sec. 3   A new section is added to chapter 18.19 RCW to read as follows:
     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 by the department under this chapter unless exempt under RCW 18.19.040.

Sec. 4   RCW 18.19.040 and 2001 c 251 s 20 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 therapeutic 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 therapeutic counseling by a person ((without a mandatory charge)) for no compensation;
     (4) The practice of therapeutic counseling by persons offering services for public and private nonprofit organizations or charities not primarily engaged in therapeutic 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 therapeutic 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)) who reside outside Washington state from providing up to ten days per quarter of training or workshops in the state, as long as they ((don't)) do not hold themselves out to be registered in Washington state.

Sec. 5   RCW 18.19.050 and 2001 c 251 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 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;
     (c) To establish forms and procedures necessary to administer this chapter;
     (d) To hire clerical, administrative, and investigative staff as needed to implement this chapter; and
     (e) To issue a registration to any applicant who has met the requirements for registration((; and
     (f) 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 registrations and the discipline of 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 therapeutic counselors, the types of therapeutic counselors, and the rights and responsibilities of clients established under this chapter. ((Solely for the purposes of administering this education requirement,)) The secretary ((shall)) may assess an additional fee for each 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)) to fund public education efforts under this section.

Sec. 6   RCW 18.19.060 and 2001 c 251 s 22 are each amended to read as follows:
     Persons registered 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, referral resources, and such other information as the department may require by rule. The disclosure statement must inform the client of any disciplinary action taken against the registrant by the department, other agency, or other jurisdiction. 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. The client is not liable for any fees or charges for services rendered prior to receipt of the disclosure.

Sec. 7   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)) (1) Applications 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 accompany the application.)) as agency affiliated counselors, counseling associates, or hypnotherapists must be made on forms approved by the secretary. The secretary may require information necessary to determine whether applicants meet the qualifications for the registration and whether there are any grounds for denial of registration or issuance of a conditional registration under this chapter or chapter 18.130 RCW. An application for registration as an agency affiliated counselor or counseling associate shall include a description of their therapeutic orientation, discipline, theory, or technique to the department.
     (2) Applicants for registration as agency affiliated counselors must provide satisfactory documentation that they are employed by an agency or have an offer of employment from an agency.
     (3) Applicants for registration as counseling associates are required to:
     (a) Have a minimum of a four-year postsecondary degree in psychology or another area of mental health counseling from an accredited college or university. Coursework must include counseling ethics, privacy, confidentiality, and recordkeeping; counseling theory; human growth and development; abnormal psychology; and assessing risk for suicide and homicide, the duty to warn, and the duty to report abuse; and
     (b) Have a written supervision agreement with a licensed mental health care provider. The licensed mental health care provider must be a licensed mental health counselor, marriage and family therapist, clinical social worker, psychologist, psychiatrist, physician, or psychiatric nurse. The department must develop rules defining supervisory requirements and a model supervision agreement.
     (4) Each applicant shall include payment of the fee determined by the secretary as provided in RCW 43.70.250.

NEW SECTION.  Sec. 8   A new section is added to chapter 18.19 RCW to read as follows:
     Agency affiliated counselors shall notify the department if they are either no longer employed by the agency identified on their application or are now employed with another agency, or both. Agency affiliated counselors may not engage in the practice of therapeutic counseling unless they are currently affiliated with an agency.

Sec. 9   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, continuing education, and fees for renewal of registrations as provided in RCW 43.70.250 and 43.70.280.

Sec. 10   RCW 18.225.010 and 2001 c 251 s 1 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) "Advanced social work" means the application of social work theory and methods including emotional and biopsychosocial assessment, psychotherapy under the supervision of a licensed independent clinical social worker, case management, consultation, advocacy, counseling, and community organization.
     (2) "Applicant" means a person who completes the required application, pays the required fee, is at least eighteen years of age, and meets any background check requirements and uniform disciplinary act requirements.
     (3) "Committee" means the Washington state mental health counselors, marriage and family therapists, and social workers advisory committee.
     (4) "Department" means the department of health.
     (5) "Disciplining authority" means the department.
     (6) "Independent clinical social work" means the diagnosis and treatment of emotional and mental disorders based on knowledge of human development, the causation and treatment of psychopathology, psychotherapeutic treatment practices, and social work practice as defined in advanced social work. Treatment modalities include but are not limited to diagnosis and treatment of individuals, couples, families, groups, or organizations.
     (7) "Intern" means a prelicensure candidate who has a graduate degree in a mental health field under RCW 18.225.090 and is gaining the required supervised experience to become a licensed social worker, mental health counselor, or marriage and family therapist.
     (8) "Marriage and family therapy" means the diagnosis and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of relationships, including 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 such diagnosed nervous and mental disorders. 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.
     (((8))) (9) "Mental health counseling" means the application of principles of human development, learning theory, psychotherapy, group dynamics, and etiology of mental illness and dysfunctional behavior to individuals, couples, families, groups, and organizations, for the purpose of treatment of mental disorders and promoting optimal mental health and functionality. Mental health counseling also 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.
     (((9))) (10) "Secretary" means the secretary of health or the secretary's designee.

Sec. 11   RCW 18.225.020 and 2001 c 251 s 2 are each amended to read as follows:
     A person must not represent himself or herself as a licensed advanced social worker, licensed independent clinical social worker, licensed mental health counselor, ((or)) licensed marriage and family therapist, social work intern, mental health counselor intern, or marriage and family therapy intern, without being licensed by the department.

NEW SECTION.  Sec. 12   A new section is added to chapter 18.225 RCW to read as follows:
     (1) The secretary shall issue an intern license to any applicant who demonstrates to the satisfaction of the secretary that the applicant meets the following requirements for the applicant's practice area and submits a declaration that the applicant is working toward full licensure in that category:
     (a) Licensed social worker - advanced or licensed social worker -clinical: Graduation from a master's or doctorate social work educational program accredited by the council on social work education and approved by the secretary based upon nationally recognized standards;
     (b) Licensed mental health counselor: Graduation from a master's or doctoral level educational program in mental health counseling or a related discipline from a college or university approved by the secretary based upon nationally recognized standards;
     (c) Licensed marriage and family therapist: Graduation from a master's degree or doctoral degree educational program in marriage and family therapy or graduation from an educational program in an allied field equivalent to a master's degree or doctoral degree in marriage and family therapy approved by the secretary based upon nationally recognized standards.
     (2) Interns may not provide independent social work, mental health counseling, or marriage and family therapy for a fee, monetary or otherwise. Interns must work under the supervision of an approved supervisor.
     (3) Interns shall provide each client or patient, during the first professional contact, with a disclosure form according to RCW 18.225.100, disclosing that he or she is an intern under the supervision of an approved supervisor.
     (4) The department shall establish by rule what constitutes adequate proof of compliance with the requirements of this section.
     (5) Applicants are subject to the denial of a license or issuance of a conditional license for the reasons set forth in chapter 18.130 RCW.
     (6) An intern license may be renewed no more than four times.

Sec. 13   RCW 18.225.150 and 2001 c 251 s 15 are each amended to read as follows:
     The secretary shall establish by rule the procedural requirements and fees for renewal of a license or intern license. Failure to renew shall invalidate the license or intern license and all privileges granted by the license. If an intern license has lapsed, the person shall submit an updated declaration, in accordance with rules adopted by the department, that the person is working toward full licensure. If a license 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. If an intern license has lapsed, the person shall submit an updated declaration, in accordance with rules adopted by the department, that the person is working toward full licensure.

Sec. 14   RCW 18.205.020 and 1998 c 243 s 2 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) "Certification" means a voluntary process recognizing an individual who qualifies by examination and meets established educational prerequisites, and which protects the title of practice.
     (2) "Certified chemical dependency professional" means an individual certified in chemical dependency counseling, under this chapter.
     (3) "Certified chemical dependency professional trainee" means an individual working toward the education and experience requirements for certification as a chemical dependency professional.
     (4) "Chemical dependency counseling" means employing the core competencies of chemical dependency counseling to assist or attempt to assist an alcohol or drug addicted person to develop and maintain abstinence from alcohol and other mood-altering drugs.
     (((4))) (5) "Committee" means the chemical dependency certification advisory committee established under this chapter.
     (((5))) (6) "Core competencies of chemical dependency counseling" means competency in the nationally recognized knowledge, skills, and attitudes of professional practice, including assessment and diagnosis of chemical dependency, chemical dependency treatment planning and referral, patient and family education in the disease of chemical dependency, individual and group counseling with alcoholic and drug addicted individuals, relapse prevention counseling, and case management, all oriented to assist alcoholic and drug addicted patients to achieve and maintain abstinence from mood-altering substances and develop independent support systems.
     (((6))) (7) "Department" means the department of health.
     (((7))) (8) "Health profession" means a profession providing health services regulated under the laws of this state.
     (((8))) (9) "Secretary" means the secretary of health or the secretary's designee.

Sec. 15   RCW 18.205.030 and 2000 c 171 s 41 are each amended to read as follows:
     No person may represent oneself as a certified chemical dependency professional or certified chemical dependency professional trainee or use any title or description of services of a certified chemical dependency professional or certified chemical dependency professional trainee without applying for certification, meeting the required qualifications, and being certified by the department of health, unless otherwise exempted by this chapter.

Sec. 16   RCW 18.205.040 and 1998 c 243 s 4 are each amended to read as follows:
     Nothing in this chapter shall be construed to authorize the use of the title "certified chemical dependency professional" or "certified chemical dependency professional trainee" when treating patients in settings other than programs approved under chapter 70.96A RCW.

NEW SECTION.  Sec. 17   A new section is added to chapter 18.205 RCW to read as follows:
     (1) The secretary shall issue a trainee certificate to any applicant who demonstrates to the satisfaction of the secretary that he or she is working toward the education and experience requirements in RCW 18.205.090.
     (2) A trainee certified under this section shall submit to the secretary for approval a declaration, in accordance with rules adopted by the department, that he or she is enrolled in an approved education program and actively pursuing the experience requirements in RCW 18.205.090. This declaration must be updated with the trainee's annual renewal.
     (3) A trainee certified under this section may practice only under the supervision of a certified chemical dependency professional. The first fifty hours of any face-to-face client contact must be under direct observation. All remaining experience must be under supervision in accordance with rules adopted by the department.
     (4) A chemical dependency professional trainee provides chemical dependency assessments, counseling, and case management with a state regulated agency and can provide clinical services to patients consistent with his or her education, training, and experience as approved by his or her supervisor.
     (5) A trainee certification may only be renewed four times.
     (6) Applicants are subject to denial of a certificate or issuance of a conditional certificate for the reasons set forth in chapter 18.130 RCW.

NEW SECTION.  Sec. 18   To practice counseling, all registered counselors must obtain another health profession credential by July 1, 2009. The registered counselor credential shall be abolished July 1, 2009.

NEW SECTION.  Sec. 19   This act takes effect July 1, 2008.