WSR 06-08-106

PERMANENT RULES

DEPARTMENT OF HEALTH


(Registered Counselor and Hypnotherapists)

[ Filed April 5, 2006, 10:38 a.m. , effective May 6, 2006 ]


     Effective Date of Rule: Thirty-one days after filing.

     Purpose: In 2001 legislation passed mandating the department of health to license marriage and family therapists, mental health counselors, and social workers (counselors). At the time the licensure law became effective, the certification law was repealed. Rules that were adopted to further clarify certification laws need to be repealed since counselors are no longer certified. Amendments to some of the existing rules are needed to remove references to "certified" or "certification."

     Citation of Existing Rules Affected by this Order: Amending WAC 246-810-010 Definitions, 246-810-031 Required disclosure information, 246-810-062 Counselor associations or societies, and 246-810-990 Counselors fees and renewal cycle; and repealing WAC 246-810-070 Cooperation with investigation, 246-810-110 Definitions, 246-810-120 Qualifications not met -- Appeal, 246-810-130 Expired credential, 246-810-140 Temporary retirement, 246-810-310 Definitions, 246-810-334 Approved supervisor -- Qualifications, 246-810-345 Examination appeal procedures, 246-810-348 Certification of persons credentialed out-of-state, 246-810-510 Definitions, 246-810-534 Approved supervisor -- Qualifications, 246-810-545 Examination appeal procedures, 246-810-548 Certification of persons credentialed out-of-state, 246-810-710 Definitions, 246-810-734 Approved supervisor -- Qualifications, 246-810-745 Examination appeal procedures, and 246-810-748 Certification of persons credentialed out-of-state.

     Statutory Authority for Adoption: RCW 18.19.050.

      Adopted under notice filed as WSR 05-20-104 on October 5, 2005.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 4, Repealed 17.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 17.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 4, Repealed 17.

     Date Adopted: April 5, 2006.

Bill White

for M. C. Selecky

Secretary

OTS-8130.3


AMENDATORY SECTION(Amending WSR 97-17-113, filed 8/20/97, effective 9/20/97)

WAC 246-810-010   Definitions.   The following terms are defined within the meaning of this chapter.

     (1) "Counselor" means and includes any registered counselor or registered hypnotherapist((, certified marriage and family therapist, certified mental health counselor, or certified social worker)) regulated under chapter 18.19 RCW.

     (2) (("Certified counselor" means a certified marriage and family therapist, certified mental health counselor, or certified social worker regulated pursuant to chapter 18.19 RCW.

     (3))) "Department" means the Washington state department of health((, whose address is:

     Department of Health

     Health Professions Quality Assurance Division

     P.O. Box 47869

     Olympia, Washington 98504-7869)).

     (((4))) (3) "Fee" as referred to in RCW 18.19.030 means compensation received by the counselor for counseling services provided, regardless of the source.

     (((5))) (4) "Hospital" means any health care institution licensed ((according to)) under chapter 70.41 RCW.

     (((6))) (5) "Nursing home" means any health care institution ((which comes)) licensed under chapter 18.51 RCW.

     (((7) "Similarly regulated" as referred to in RCW 18.19.040(1) means individuals who are currently registered, certified, or licensed under other laws of this state wherein disciplinary standards defining acts of unprofessional conduct apply to each individual under the regulation.

     (8))) (6) "Unprofessional conduct" as used in this chapter ((shall)) means the conduct described in RCW 18.130.180.

[Statutory Authority: RCW 18.19.050(1). 97-17-113, § 246-810-010, filed 8/20/97, effective 9/20/97. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-810-010, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.19.060. 89-14-070 (Order PM 840), § 308-190-030, filed 6/30/89. Statutory Authority: RCW 18.19.050. 88-11-024 (Order PM 728), § 308-190-030, filed 5/11/88.]


AMENDATORY SECTION(Amending WSR 97-17-113, filed 8/20/97, effective 9/20/97)

WAC 246-810-031   Required disclosure information.   (1) The counselor must provide the following information ((shall be provided)) to each counseling client:

     (a) Name of firm, agency, business, or counselor's practice.

     (b) Counselor's business address and telephone number.

     (c) Washington state registration ((or certification)) number.

     (d) The counselor's name and type of counseling they provide.

     (e) The methods or techniques the counselor uses.

     (f) The counselor's education, training, and experience.

     (g) The course of treatment where known.

     (h) Billing information, including:

     (i) Client's cost per each counseling session;

     (ii) Billing practices, including any advance payments and refunds.

     (((i))) (2) Disclosure statement. The counselor must provide a disclosure statement to each client. The following language must appear on every client's disclosure statement:

     "Counselors practicing counseling for a fee must be registered ((or certified)) with the department of health for the protection of the public health and safety. Registration of an individual with the department does not include a recognition of any practice standards, nor necessarily implies the effectiveness of any treatment." In addition to the disclosure statement, the counselor must:

     (((j) Clients are to be informed of)) (a) Inform clients about the purpose of the Counselor Credentialing Act, chapter 18.19 RCW. The purpose of the law regulating counselors is: (((A))) (i) To provide protection for public health and safety; and (((B))) (ii) to empower the citizens of the state of Washington by providing a complaint process against those counselors who would commit acts of unprofessional conduct.

     (((k) Clients are to be informed that they as individuals)) (b) Inform clients they have the right to choose counselors who best suit their needs and purposes. (This subsection ((is)) does not ((intended to)) provide new rights ((by superseding those adopted by previous statutes)) or supersede existing law.)

     (((l) Clients are to be informed)) (c) Inform clients of the ((extent)) limits of confidentiality ((provided by)) under RCW 18.19.180 (((1) through (6))).

     (((m) Clients are to be provided)) (d) Provide clients with a list of or copy of the acts of unprofessional conduct in RCW 18.130.180 ((with)) and the name, address, and contact telephone within the department of health.

     (((2) Signatures are required of both the counselor providing the disclosure information and the client following)) (3) Upon providing the required disclosure information to the client, the counselor and client must sign and date a statement that:

     (a) The counselor has provided the client ((had been provided)) with a copy of the required disclosure information; and

     (b) The client has read and understands the information ((provided)). The date of signature by each party is to be included at the time of signing.

     (((3))) (4) The department of health publishes ((a)) an informational brochure ((for the education)) to educate and ((assistance of)) assist the public in understanding counselor responsibilities and client rights and responsibilities. The ((department brochure)) counselor may ((be photocopied)) photocopy and ((provided)) provide the brochure to each client in conjunction with the disclosure information required in this section. The counselor may not rely solely on the brochure published by the department ((is insufficient, by itself,)) to meet the requirements of this section.

[Statutory Authority: RCW 18.19.050(1). 97-17-113, § 246-810-031, filed 8/20/97, effective 9/20/97. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-810-031, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.19.060. 89-14-070 (Order PM 840), § 308-190-041, filed 6/30/89.]


AMENDATORY SECTION(Amending WSR 97-17-113, filed 8/20/97, effective 9/20/97)

WAC 246-810-062   Counselor associations or societies.   The president or chief executive officer of any counselor association or society within this state shall report to the department when the association or society determines that a registered ((or certified)) counselor has committed unprofessional conduct or that a counselor may not be able to practice counseling with reasonable skill and safety to clients as the result of any mental or physical condition. The report required by ((this section shall)) must be made ((without regard to)) regardless of whether the counselor appeals, accepts, or acts upon the association or society's determination ((made by the association or society)). The report must include notification of appeal ((shall be included)). Reports ((are to be made in accordance with)) must meet the requirements of WAC 246-810-060.

[Statutory Authority: RCW 18.19.050(1). 97-17-113, § 246-810-062, filed 8/20/97, effective 9/20/97. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-810-062, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 89-14-092 (Order PM 842), § 308-190-090, filed 6/30/89.]


AMENDATORY SECTION(Amending WSR 05-12-012, filed 5/20/05, effective 7/1/05)

WAC 246-810-990   Counselors fees and renewal cycle.   (1) ((Certificates and)) Under chapter 246-12 WAC, Part 2, a counselor must renew his or her registration((s must be renewed)) every year on the practitioner's birthday ((as provided in chapter 246-12 WAC, Part 2)). The secretary may require payment of renewal fees less than those established in this section if the current level of fees is likely to result in a surplus of funds. Surplus funds are those in excess of the amount necessary to pay for the costs of administering the program and to maintain a reasonable reserve. Notice of any adjustment in the required payment will be provided to practitioners. The adjustment in the required payment shall remain in place for the duration of a renewal cycle to assure practitioners an equal benefit from the adjustment.


Title Fee
(2) The following nonrefundable fees will be charged for registered counselor:
Application and registration $ 40.00
Renewal 37.00
Late renewal penalty 37.00
Expired registration reissuance 37.00
Duplicate registration 15.00
Certification of registration 15.00
(3) The following nonrefundable fees will be charged for registered hypnotherapist:
Application and registration 95.00
Renewal 130.00
Late renewal penalty 65.00
Expired registration reissuance 65.00
Duplicate registration 15.00
Certification of registration 15.00
(((4) The following nonrefundable fees will be charged for certified marriage and family therapist:
Application 50.00
Initial certification 25.00
Examination administration 25.00
Renewal 83.00
Late renewal penalty 50.00
Expired certification reissuance 50.00
Duplicate certification 10.00
Certification of certificate 10.00
Wall certificate 10.00
(5) The following nonrefundable fees will be charged for certified mental health counselor:
Application 25.00
Initial certification 25.00
Renewal 29.00
Late renewal penalty 29.00
Expired certification reissuance 29.00
Duplicate certification 10.00
Certification of certificate 10.00
Wall certificate 10.00
(6) The following nonrefundable fees will be charged for certified social worker:
Application 25.00
Initial certification 25.00
Renewal 42.00
Late renewal penalty 42.00
Expired certification reissuance 42.00
Duplicate certification 10.00
Certification of certificate 10.00
Wall certificate 10.00))

[Statutory Authority: RCW 43.70.250, [43.70.]280 and 43.70.110. 05-12-012, § 246-810-990, filed 5/20/05, effective 7/1/05. Statutory Authority: RCW 43.70.250. 99-08-101, § 246-810-990, filed 4/6/99, effective 7/1/99. Statutory Authority: RCW 43.70.280. 98-05-060, § 246-810-990, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 18.19.050(1). 97-17-113, § 246-810-990, filed 8/20/97, effective 9/20/97. Statutory Authority: Chapter 18.19 RCW. 96-08-069, § 246-810-990, filed 4/3/96, effective 5/4/96. Statutory Authority: RCW 43.70.250. 93-14-011, § 246-810-990, filed 6/24/93, effective 7/25/93. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-810-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.70.250. 90-18-039 (Order 084), § 308-190-010, filed 8/29/90, effective 9/29/90; 90-04-094 (Order 029), § 308-190-010, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW 43.24.086. 87-18-033 (Order PM 669), § 308-190-010, filed 8/27/87.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 246-810-070 Cooperation with investigation.
WAC 246-810-110 Definitions.
WAC 246-810-120 Qualifications not met -- Appeal.
WAC 246-810-130 Expired credential.
WAC 246-810-140 Temporary retirement.
WAC 246-810-310 Definitions.
WAC 246-810-334 Approved supervisor -- Qualifications.
WAC 246-810-345 Examination appeal procedures.
WAC 246-810-348 Certification of persons credentialed out-of-state.
WAC 246-810-510 Definitions.
WAC 246-810-534 Approved supervisor -- Qualifications.
WAC 246-810-545 Examination appeal procedures.
WAC 246-810-548 Certification of persons credentialed out-of-state.
WAC 246-810-710 Definitions.
WAC 246-810-734 Approved supervisor -- Qualifications.
WAC 246-810-745 Examination appeal procedures.
WAC 246-810-748 Certification of persons credentialed out-of-state.

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