HOUSE BILL REPORT

SHB 129

BYHouse Committee on Human Services (originally sponsored by Representatives Brekke, Brooks, Leonard, Lewis, Crane, Scott, Moyer, Holm, P. King, Rayburn, Dellwo and Brough)

Adopting the omnibus credentialing act for counselors.

House Committe on Human Services

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (7)

     Signed by Representatives Brekke, Chair; Scott, Vice Chair; Leonard, Moyer, H. Sommers, Sutherland and Winsley.

Minority Report:     Do not pass.  (2)

     Signed by Representatives Padden and Wang.

House Staff:John Welsh (786-7133)

Rereferred House Committee on Ways & Means/Appropriations

Majority Report:     The substitute bill by Committee on Human Services be substituted therefor and the substitute bill do pass.  (14)

     Signed by Representatives Locke, Chair; Allen, Belcher, Braddock, Brekke, Ebersole, Grant, Grimm, Holland, Niemi, Peery, Sayan, H. Sommers and Sprenkle.

Minority Report:     Do not pass.  (6)

     Signed by Representatives Bristow, Fuhrman, McLean, Nealey, Silver and L. Smith.

House Staff:    Jim Lux (786-7152)

AS PASSED HOUSE MARCH 16, 1987

BACKGROUND:

The qualifications and practices of counselors in this state are virtually unknown to potential clients.  There are a variety of disciplines, theories, and techniques employed under a number of differing titles.  Serious charges of abuse in the counseling field, including sexual conduct with clients, have been reported by the media and public.

In addition, no state-recognized standards of qualification, education, training and experience exist for social workers, mental health counselors, and marriage and family therapists as a means of identifying those professions as ones which have achieved particular levels of competency.

There is presently no regulatory mechanism on the state level for providing new clients of professional counselors with information which will assist them in making informed consumer decisions, and for the protection of consumers from any unethical or deceptive practices which may be destructive to the mental or emotional health of the client.

SUMMARY:

The "omnibus Credentialing Act for Counselors" has two principle features. First, all persons practicing counseling for a fee are required to register with the Department of Licensing, giving their name and business location.  However, exemptions from registration are provided for professions already regulated by the state; federal and state employees; students and trainees of higher education institutions; counselors practicing under the auspices of a religious church, denomination or organization; persons practicing without mandatory charge; public and private non-profit organizations or charities not primarily engaged in counseling; and research scientists for private corporations and public agencies.

Second, qualified individuals may apply for certification to practice using the title "certified social worker," "certified mental health counselor," or "certified marriage and family therapist."  Qualifications for the certification of social workers include master's degree, two years supervised practice, and successful passage of examination.  Qualifications for the certification of mental health counselors include master's degree, two years post-graduate experience, and successful completion of examination.  Qualifications for the certification of marriage and family therapists include master's degree, one year supervised practice, two years post graduate supervised practice, and successful completion of examination.  Advisory committees to the department to implement this chapter are authorized.

All persons registered and certified under this act are subject to the procedures and unprofessional conduct provisions of the Uniform Disciplinary Act for the health professions, as well as required to disclose to clients an information form containing their qualifications, therapeutic orientation, proposed course of counseling, financial arrangements and a statement that registration does not include a recognition of any practice standards.  The act prohibits the disclosure of information acquired from a client except with the client's consent; where involving harm or a crime; during court proceedings involving a minor as a victim of crime; in charges against the counselor; in response to a subpoena; or when reporting abuse and neglect of children or adult dependent persons.

Those registered and certified under this act are required to report incidences of abuse and neglect.

EFFECT OF SENATE AMENDMENT(S):  Exemption from registration is provided for out-of-state counselors providing up to ten days per quarter of training or workshops.  Counselors may not disclose the client's acknowledgement of the disclosure statement.  The director of Licensing shall not determine training or competence standards considering the counselor's use of nontraditional nonabusive therapeutic techniques.  Counselors employed by the state are required to be registered under this act.

Appropriation:  $961,301 to the Department of Licensing including $42,000 for public education.

Fiscal Note:    Attached.

House Committee ‑ Testified For:     (Human Services)  Chris Rose, Department of Licensing; Shirley Seigel, Stop Abuse by Counselors; Fred Gilmore, Professional Studios of Applied Hypnosis; Linda Grant, Association of Alcoholism Programs; Jim Mead, Washington State Substance Abuse Professionals Association; Norah Teeter, Hypnotists Union Local 472 (AFL-CIO) and Washington Hypnosis Association; Michael Nugent, Washington Association of Marriage and Family Therapists; Jeff Larsen, Washington State Association for Counseling and Development, Washington Association of Marriage and Family Therapy, Washington Mental Health Counselors Association; Dave Dickman, Counselor; Jose Greco, Stop Abuse by Counselors; Georgie Kunkel, Seattle Association for Counseling and Development; and George Kasnoff, Stop Abuse by Counselors.

(Ways & Means/Appropriations)  Jeff Larsen, Washington State Association for Counseling and Development, Washington Association of Marriage and Family Therapy, Washington Mental Health Counselors Association.

House Committee - Testified Against: (Human Services)  Marion Riekirk, Personal Counselors, Incorporated; Lisa Kaufman, M.D., Re-Evaluation Counseling; Sidney Stock, Citizen and Chiropractor; and Katie Kaufman, Re-Evaluation Counseling.

(Ways & Means/Appropriations)  Lisa Kaufman, M.D., Re-Evaluation Counseling.

House Committee - Testimony For:     (Human Services)  A mechanism is needed on the state level to report and investigate complaints of abuse of clients by counselors, and to discipline practitioners committing unethical or deceptive practices which are destructive of the mental or emotional health of the client.  The recognition of qualifications, education and experience of certified social workers, mental health counselors, and marriage and family therapists will identify those professions which have achieved a particular level of competency, and assist them in making informed consumer decisions.

House Committee - Testimony Against: (Human Services)  This regulatory act is an unreasonable intrusion on the right of counselors to practice, and represents professional turf protection for the three professions being certified.  Regulation will not prevent sexual or other abuses against clients.  The bill is overly broad and will not achieve its purpose.