PROPOSED RULES
(Chemical Dependency Professionals)
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-08-095.
Title of Rule: WAC 246-811-060 Examination.
Purpose: There is a need to implement the 1998 legislation to further define what will be required for the examination standards for certification.
Statutory Authority for Adoption: RCW 18.205.060(7).
Statute Being Implemented: Chapter 18.205 RCW.
Summary: This statute required the department to establish examination requirement to become certified as a chemical dependency professional.
Reasons Supporting Proposal: A collaborative effort was made to include stakeholders, practicing CDP providers, the chemical dependency advisory committee, and the Department of Health. The proposed rule reflects this effort in setting examination requirements for certification.
Name of Agency Personnel Responsible for Drafting: Kris Waidely, Program Manager, 1300 S.E. Quince, Olympia, WA, (360) 236-4906; Implementation and Enforcement: Shellie Pierce, Program Manager, 1300 S.E. Quince, Olympia, WA, (360) 236-4907.
Name of Proponent: Department of Health, governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Health professions must be self supportive.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule specifies the exams which must be taken and passed to qualify as a chemical dependency professional.
Proposal does not change existing rules.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
| STANDARD INDUSTRIAL CODE | ECONOMIC ACTIVITY | MINOR COST THRESHOLD |
| 806 | Hospitals | $ 50.00 |
| 809 | Misc. Health | 53.00 |
| 805 | Nursing and Personnel Care Facilities | 50.00 |
Costs Required for Examination: Persons qualified for grandfathering prior to July 1, 2001, do not have to pay a $65.00 examination fee. Persons who do not qualify for grandfathering will be required to pay an examination fee of $65.00. This fee will be paid directly to the National Association of Alcoholism and Drug Abuse Counselors (NAADAC) which will administer the examination for people seeking certification as a chemical dependency professional.
Does the cost of the proposed rule exceed the threshold where a SBEIS is required? The cost to implement the proposed standards is in excess of $50 and, therefore, a SBEIS is required.
Does the proposed rule affect both large and small businesses? The Regulatory Fairness Act defines a business as any "entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, that has the purpose of making a profit." The act defines a small business as one that employs less than fifty individuals.
The Department of Health estimates that 1926 individuals will be subject to the requirements of the proposed rules.1 Since the proposed rule would only affect individuals, from the perspective of the Regulatory Fairness Act, all affected businesses are small.
Does the proposed rule impose disproportionate cost on small businesses? Since all businesses affected by the proposed rules are small, the rule cannot impose disproportionate costs. Therefore, the department is not obligated to provide regulatory relief to small businesses.
How did the department involve the public in the development of the proposed rule? Public involvement was solicited through three mailings from the Department of Health (DOH), (two) mailings from the Department of Social and Health Services (DSHS), seven presentations at colleges and national associations from DOH staff and DSHS staff, four workgroup meetings, six committee meetings and a survey of five hundred professionals.
Opportunity for written comments was provided during different stages of the development of the rules. Comments were received from Chemical Dependency Counselors, two national Chemical Dependency Certification Boards, National Counselor Associations, Chemical Dependency Advisory Committee members and Educational Institutions.
1This number was derived from a Department of Social and Health Services, Division of Alcohol and Drug Abuse (DASA) statistical
report on how many counselors are currently working in state approved facilities. The Department of Health is responsible for regulating
Chemical Dependency Professionals, while DASA regulates the facilities employing Chemical Dependency Professionals. Currently, DASA
certifies five hundred fifteen facilities.
A copy of the statement may be obtained by writing to Kris Waidely, Program Manager, CDP Program, P.O. Box 47869, Olympia, WA 98504-7869, phone (360) 236-4906, fax (360) 236-4909.
RCW 34.05.328 applies to this rule adoption. These rules are significant under RCW 34.05.238 [34.05.328] because they require the applicant to take a national examination. The agency has conducted the additional analysis required by RCW 34.05.328.
Hearing Location: Target Plaza, 2725 Harrison Avenue N.W., Unit 500, Olympia, WA 98504-7852, on November 19, 1999, at 1:00 p.m.
Assistance for Persons with Disabilities: Contact Kris Waidely by November 11, 1999, TDD (800) 833-6388, or (360) 236-4906.
Submit Written Comments to: Kris Waidely, Program Manager, CDP Program, P.O. Box 47869, Olympia, WA 98504-7869, fax (360) 236-4909 by November 11, 1999.
Date of Intended Adoption: November 22, 1999.
October 1, 1999
Eric Slagle
for Mary C. Selecky
Secretary
OTS-3101.3
EXAMINATION
NEW SECTION
WAC 246-811-060
What examination is required for
certification?
(1) All applicants must take and pass the National Association of Alcoholism and Drug Abuse Counselor (NAADAC) National Certification Examination for Addiction Counselors or International Certification and Reciprocity Consortium (ICRC) Certified Addiction Counselor Level II or higher examination.
(2) The department will accept the passing score established by the testing company.
(3) The application and application fee must be submitted to the department at least ninety days prior to the scheduled examination date. All other supporting documents, including verification of education and experience, must be submitted at least sixty days prior to the examination date.
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