Passed by the House March 3, 2011 Yeas 80 Nays 17 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate April 5, 2011 Yeas 41 Nays 6 BRAD OWEN ________________________________________ President of the Senate		CERTIFICATE I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1939 as passed by the House of Representatives and the Senate on the dates hereon set forth. BARBARA BAKER ________________________________________ Chief Clerk
Approved April 15, 2011, 2:39 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington		FILED April 15, 2011 Secretary of State State of Washington

AN ACT Relating to defining federally recognized tribes as agencies for purposes of agency-affiliated counselors; and amending RCW 18.19.020.

Sec. 1   RCW 18.19.020 and 2010 1st sp.s. c 20 s 1 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Agency" means (a) an agency or facility operated, licensed, or certified by the state of Washington ((or)); (b) a federally recognized Indian tribe located within the state; or (c) a county.
     (2) "Agency affiliated counselor" means a person registered under this chapter who is engaged in counseling and employed by an agency. "Agency affiliated counselor" includes juvenile probation counselors who are employees of the juvenile court under RCW 13.04.035 and 13.04.040 and juvenile court employees providing functional family therapy, aggression replacement training, or other evidence-based programs approved by the juvenile rehabilitation administration of the department of social and health services.
     (3) "Certified adviser" means a person certified under this chapter who is engaged in private practice counseling to the extent authorized in RCW 18.19.200.
     (4) "Certified counselor" means a person certified under this chapter who is engaged in private practice counseling to the extent authorized in RCW 18.19.200.
     (5) "Client" means an individual who receives or participates in counseling or group counseling.
     (6) "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.
     (7) "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.
     (8) "Department" means the department of health.
     (9) "Hypnotherapist" means a person registered under this chapter who is practicing hypnosis as a modality.
     (10) "Private practice counseling" means the practice of counseling by a certified counselor or certified adviser as specified in RCW 18.19.200.
     (11) "Psychotherapy" means the practice of counseling using diagnosis of mental disorders according to the fourth edition of the diagnostic and statistical manual of mental disorders, published in 1994, and the development of treatment plans for counseling based on diagnosis of mental disorders in accordance with established practice standards.
     (12) "Secretary" means the secretary of the department or the secretary's designee.