HOUSE BILL REPORT

HB 1939

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Title: An act relating to defining federally recognized tribes as agencies for purposes of agency-affiliated counselors.

Brief Description: Defining federally recognized tribes as agencies for purposes of agency-affiliated counselors.

Brief History:

Committee Activity:

State Government & Tribal Affairs: 2/14/11 [DP].

Floor Activity:

Passed House: 3/3/11, 80-17.

Passed Senate: 4/5/11, 41-6.

Passed Legislature.

Brief Summary of Bill

Defines a federally recognized tribe located within the state as an agency for purposes of agency-affiliated counselors.

Majority Report: Do pass. Signed by 7 members: Representatives Hunt, Chair; Alexander, Darneille, Dunshee, Hurst, McCoy and Miloscia.

Minority Report: Do not pass. Signed by 2 members: Representatives Taylor, Ranking Minority Member; Overstreet, Assistant Ranking Minority Member.

Background:

Legislation enacted in 2008 abolished the registered counselor credential and created eight new counseling credentials. One of those credentials is an agency-affiliated counselor. An agency-affiliated counselor is a person engaged in counseling who is employed by an agency. Agency-affiliated counselors must register with the Department of Health and may not engage in the practice of counseling unless they are affiliated with an agency.

An agency is an agency or facility operated, licensed, or certified by the State of Washington, or a county.

Summary of Bill:

For purposes of agency-affiliated counselors, federally recognized tribes located within the state are included in the definition of agency.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony:

(In support – from testimony on HB 1255, identical except for the title) This bill makes a technical correction to an oversight in the original bill to allow tribes to do what they did before. A tribal counselor was no longer able to provide mental health services, because tribes are not listed in the definition of agency. This bill was passed by the House of Representatives last year.

(Opposed) None.

Persons Testifying: Representative McCoy; Lonnie Johns-Brown, American Indian Health Commission for Washington State; and Rick Jensen, Muckleshoot Indian Tribe.