WSR 97-13-099

PROPOSED RULES

DEPARTMENT OF HEALTH

[Filed June 18, 1997, 11:57 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 96-16-071.

Title of Rule: Chapter 246-810 WAC, Counselors.

Purpose: There is a need to implement the 1995 mental health legislation and to update and clarify existing rules.

Statutory Authority for Adoption: RCW 18.19.050(1).

Statute Being Implemented: Chapter 18.19 RCW.

Summary: The current WACs require several housekeeping changes and updating obsolete WAC references. 1994 and 1995 legislative action requires changes to the WAC. The three certification areas have been reformatted and content and terminology is consistent among the professions. A new section has been developed relating to requirements general to all the certification areas. Establishes a requirement for continuing education in order to renew a certification.

Reasons Supporting Proposal: Eliminates unnecessary regulations, implements legislation, clarifies existing language, and makes housekeeping changes.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Karen Burgess, Program Manager, 1300 S.E. Quince, Olympia, WA, (360) 586-8584.

Name of Proponent: Department of Health, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The original counselor WACs were developed by three separate advisory committees in 1987, and have no correlation among the related professions for content, terminology or format. This has been very confusing to applicants. The WACs require several basic housekeeping changes, such as changing department name (from Department of Licensing to Department of Health) and proper title of the department head (from director to secretary), and updating WAC references. Further, 1994 and 1995 legislative changes require changes to the related WACs.

The rules have been revised to implement 1995 mental health legislation; the three certified areas have been reformatted and content and terminology is consistent among the professions. A new section has been developed relating to requirements general to all the certification areas. Several sections of duplication have been eliminated. It is believed these changes will make the rules more understandable for the professions.

Proposal Changes the Following Existing Rules: In addition to the changes described above: There are changes to education requirements for marriage and family therapists and mental health counselors to bring them in line with what is currently being done; the hours of experience for a social worker have been reduced and come in line with national certification requirements. There are new sections establishing approved supervisor qualifications for each of the professions; thirty-six hours of required continuing education every two years. New sections have been added to require that counselors keep records, or acquire written waiver from a client; and requiring any fees received in advance be returned upon request if services have not been provided.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

This report contains two analyses: An economic impact analysis (EIA) and small business economic impact statement (SBEIS). The EIA was used by the Counselor Programs Office in determining program costs associated with conducting audits relating to continuing education (CE) requirements; examination administration fee (and the cost of administering the MFT certification examination). The SBEIS determines the cost to a typical counselor to maintain records, pay back advance fees not earned; and for a certified counselor to obtain CE; and determines whether the impact is disproportionate compared to large businesses employing counselors.

Background: The original counselor WACs were developed by three separate advisory committees in 1987, and have no correlation among the related professions for content, terminology or format. This has been very confusing to applicants. The WACs require several basic housekeeping changes, such as changing department name (from Department of Licensing to Department of Health) and proper title of the department head (from director to secretary), and updating WAC references. Further, 1994 and 1995 legislative changes require changes to the related WACs.

Representatives of the professional associations have requested the rules be revised to make these housekeeping changes, bring the WACs in line with current law, add continuing education for certification, and reformat the three certification professions to achieve uniformity and clearer application of the requirements. It is believed these changes will make the rules more understandable for the professions.

A work group, comprised of representatives from various counselor associations and universities and colleges held three work sessions and developed a proposal between September 1995, and August 1996. The department mailed notices of two public meetings to 22,000 active counselors and affiliated organizations. The meetings were held in September 1996 and written comments were accepted through the end of October. In January 1997, a draft was mailed to all who attended the public meetings and/or who submitted comments, allowing for additional written input through February.

Accordingly, rules have been revised to implement 1995 mental health legislation; the three certified areas have been reformatted and content and terminology is consistent among the professions. A new section has been developed relating to requirements general to all the certification areas.

Those who will be required to comply with these rules are:

WAC 246-810-010 through 246-810-080

14,850 Washington state registered counselors and 310 registered hypnotherapists;

765 Washington state certified marriage and family therapists,

2,915 certified mental health counselors, and

2,325 certified social workers.

WAC 246-810-100 through 246-810-152

765 Washington state certified marriage and family therapists,

2,915 certified mental health counselors, and

2,325 certified social workers.

WAC 246-810-310 through 246-810-348

765 Washington state certified marriage and family therapists.

WAC 246-810-510 through 246-810-548

2,915 Washington state certified mental health counselors.

WAC 246-810-710 through 246-810-748

2,325 Washington certified social workers.

The following chart summarizes the annual costs relating to new provisions for record keeping (WAC 246-810-035), fees in advance (WAC 246-810-045), continuing education (WAC 246-810-152):

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record keeping: New section WAC 246-810-035, requires that counselors keep at least minimal records - with an allowance for a client to make a written request to waive clinical records being maintained.

A telephone survey was taken of association representatives, professionals who corresponded with the Counselor Programs Office, nonprofit agencies, private/county health agencies, chemical dependency agencies and randomly selected individuals.

Costs to Business: All twenty-seven agencies surveyed reported that counselors working for them are currently required to keep records. Of twenty-two individuals surveyed, one or two do not currently keep clinical records, but they do keep the basic information we are requiring - specifically name, address, dates of service and payment information.

An extrapolation of this survey would suggest approximately 2% of counselors would routinely need to request a waiver of clinical records. This would require approximately five additional minutes to explain to a client during the first visit, when other disclosure information was given; another two minutes might be necessary to file the waiver.

Approximate cost to the estimated 2% of counselors not currently keeping client records is as follows:

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As large businesses (particularly mental health agencies) require their counselors to keep treatment/clinical records, the smaller counseling groups or individuals would be most impacted by this provision.

The initial proposal required that all counselors keep treatment records. Suggestions were submitted to allow clients to decide whether to have clinical records maintained. In an attempt to mitigate the impact on these smaller counselor businesses, this was incorporated in to the current rule.

Costs to Agency: There would be no cost to the agency in administering this rule.

fees in advance: New section WAC 246-810-045, requires that a counselor must disclose any practice of collecting fees in advance to a client; separate fees paid in advance from operating or expense funds; not expend the funds from advance fees until service has been provided; and to return any unused portion, upon request. The provision explains that failure to do these things is a violation of the Securities Act, RCW 21.20.005.

A telephone survey was taken of association representatives, professionals who corresponded with the Counselor Programs Office, nonprofit agencies, private/county health agencies, chemical dependency agencies and randomly selected individuals.

Costs to Business: The survey indicated some impact such as inclusion of this requirement into their client disclosure statement, maintaining a separate accounting for fees in advance, and time involved moving money back and forth between accounts.

It is estimated that less than 1% of counselors would be impacted by this new provision and the costs to those counselors might approximate $476 per year.

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As large businesses (particularly mental health agencies) do not collect fees in advance, the smaller counseling groups or individuals would be most impacted by this provision. Any attempt to mitigate the impact, however, would violate the Securities Act.

Costs to Agency: There would be no cost to the agency in implementing this rule. The costs to the agency are reflected as potential savings by counselors being better informed as to requirements of the securities law. The agency currently receives about four complaints a year involving fees received in advance, services were terminated and fees were not returned when a client requested a refund. It is hoped that specifically calling this to counselors attention in the rules will help a counselor avoid the misconduct and resulting costly disciplinary process by the department.

CONTINUING EDUCATION (CE): WAC 246-810-152 would require that certified counselors (counselors certified as marriage and family therapists, mental health counselors, and social workers) be required to complete thirty-six hours of CE over a two-year period in order to recertify.

A telephone survey was taken of association representatives, professionals who corresponded with the Counselor Programs Office, nonprofit agencies, private/county health agencies, chemical dependency agencies and randomly selected individuals.

Costs to Business: The survey showed that most were employed by agencies ranging from thirty-five to three hundred fifty total employees and having counselor staffs ranging from 3% to 65% of their employees. Agencies paid for all or part of the education; some had in-house training; some were already taking CE for associations wherein they hold membership, or for other state agencies already requiring CE - such as for chemical dependency counselors and vocational rehabilitation counselors. Only three of the forty-nine surveyed (6%) were individuals in private practice.

The survey revealed that most counselors were currently taking from eight to thirty-five clock hours of CE per year. Most were already taking twenty hours; individuals in private practice averaged about nine hours in a year.

Of the thirty-six hours of CE required every two years by this regulation, six will need to be in ethics and law. (Assume for purposes of an annual calculation: Eighteen total CE hours, three of which must be in ethics and law). It might be presumed that CE currently taken does not incorporate this component. This would reduce the estimates of CE currently being taken each year from twenty to seventeen for those working in agencies; and from nine to six for individuals.

For purposes of calculating costs, an average of these two figures is used, or twelve clock hours of CE currently being taken. The difference between this and the Department of Health required eighteen hours per year is six. Thus, it could be estimated that counselors might need to take an additional six hours of CE a year.

The survey revealed that an hourly fee charged by counselors in private practice averages about $55; counselors working in an agency averaged about $38 per hour. It was estimated that a counselor in private practice can see about four clients a day; those in an agency, about five.

The costs associated with implementation of the CE requirement in this regulation are as follows:

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Costs to an individual counselor involved with audit of CE records by the department:

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The "large" businesses surveyed were hospitals and mental health agencies. Even the largest hospitals (with staff as high as three thousand eight hundred employees) had counselor staff of no more than forty employees. Therefore, the "large" businesses compared here represent mental health agencies, who had total staffs averaging two hundred seven employees, of which an average of ninety-two were counselors.

The following represents a per-employee cost comparison of a large business (mental health agencies) versus a small business (individual counselor):

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According to appropriate standard industrial code classification, the cost difference would be considered a borderline minor cost to a small business. (Major impact can fall between $50 and $300.) According to regulatory reform requirements, this may or may not require mitigation in order to reduce the impact on a small business.

The department has made an effort to mitigate this somewhat by drafting the rule to allow for CE from many varied sources (while still requiring certain standards be met) in hopes that a counselor may acquire good training at a minimal cost or at no charge. Some of these allowable sources include distance learning, in-house training; and such things as participation on a panel, board or council, community service or publication of articles relating to the profession; and sources may be from various industry-recognized local, state, national, international organizations.

Costs to Agency: There would be costs incurred to the Department of Health to conduct random audits of compliance with CE. Estimates of these costs are as follows:

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These costs could be absorbed at the current staffing level in the Counselor Programs Office.

A copy of the statement may be obtained by writing to Karen Burgess, Program Manager, Counselor Program, P.O. Box 47869, Olympia, WA 98504-7869, phone (360) 586-8584, or FAX (360) 753-0739.

Section 201, chapter 403, Laws of 1995, applies to this rule adoption. These rules are significant under section 201, chapter 403, Laws of 1995, because they alter qualifications for the issuance of a certification and adopt new requirements. The agency has conducted the additional analysis required under section 201.

Hearing Location: 1102 Quince Street S.E., Olympia, WA 98504, on July 30, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Karen Burgess by July 23, 1997, TDD 1-800-833-6388, or FAX (360) 753-0739.

Submit Written Comments to: Karen Burgess, Program Manager, Counselor Program, P.O. Box 47869, Olympia, WA 98504-7869, by July 23, 1997.

Date of Intended Adoption: July 31, 1997.

June 18, 1997

Bruce Miyahara

Secretary

AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 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 department of health, whose address is:

Department of Health

Health Professions Quality Assurance Division

P.O. Box 47869

Olympia, Washington 98504-7869

(4) "Fee" as referred to in RCW 18.19.030 means compensation ((paid in exchange)) received by the counselor for counseling services ((whether or not the fee is paid on a contractual basis through a government agency or another third party, or is charged by a company, corporation, or any other type of firm, business, or individual provider)) provided, regardless of the source.

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

(6) "Nursing home" means any health care institution which comes 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.

(((3) "Therapeutic techniques" means the method of procedures used when assisting an individual with emotional, behavioral, or mental issues.

(4) "Treatment" means assisting or attempting to assist an individual and does not include the initial assessment/evaluation.

(5) "Counselor trainee" means any individual who is learning to be a counselor through on-the-job training while providing counseling services.

(6) "Student" means any individual enrolled in a college or university who is taking part in a counseling practicum for course credit.

(7) "Counselor intern" means any individual defined as a student.)) (8) "Unprofessional conduct" as used in this chapter shall mean the conduct described in RCW 18.130.180.

[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 93-14-011, filed 6/24/93, effective 7/25/93)

WAC 246-810-020 Expiration of registration or certification. (1) A registration or certification shall expire on the registered or certified ((practitioner's)) counselor's first birthdate following the date of initial issue ((at which time it will be subject to renewal)). If the counselor's next birthdate is within ninety days of the initial date of issue, the registration or certification will expire on the counselor's second birthdate following original issue. Thereafter, ((the registration or certification will be renewable at one-year intervals,)) it is the responsibility of the counselor to renew each year on or no sooner than sixty days before, the birthdate of the registered or certified ((practitioner)) counselor.

(2) Before the expiration date of a registration or certification, a courtesy renewal notice is mailed to the address on file of every person holding a current registration or certification. The counselor is responsible for renewing the registration or certification, regardless of whether the counselor receives the courtesy notice.

(3) Any renewal postmarked or given to department staff after midnight on the expiration date is late and is subject to a late renewal penalty fee in addition to the annual renewal fee. There is no grace period.

(4) Practicing counseling with an expired or canceled registration or certification is unprofessional conduct as defined in RCW 18.130.180(7) and 18.130.190.

[Statutory Authority: RCW 43.70.250. 93-14-011, 246-810-020, filed 6/24/93, effective 7/25/93. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-020, filed 12/27/90, effective 1/31/91. Statutory Authority: 1987 c 512 10. 87-21-011 (Order PM 686), 308-190-020, filed 10/9/87.]

NEW SECTION

WAC 246-810-022 Current address. (1) All counselor applicants and all registered or certified counselors must provide a current mailing address at the time of making application, reapplication, or renewal. The address may be either home or business.

(2) It is the responsibility of each counselor or applicant to notify the counselors section of the department of any change in the address provided to the department. Such notification may be made by telephone, fax or by mail, but it is the counselor's or applicant's responsibility to confirm that such a change has taken place.

(3) Nothing in this section shall relieve a counselor of responsibility to provide the department with a current address as required by WAC 246-01-100.

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AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 WAC 246-810-030 Client disclosure information. ((The term "counselor" as used in the wording of these rules includes all counselors, hypnotherapists, marriage and family therapists, mental health counselors, and social workers, whether registered or certified.))

Counselors must provide disclosure information to each client in accordance with chapter 18.19 RCW prior to implementation of a treatment plan. The disclosure information must be specific to the type of counseling service offered; in language that can be easily understood by the client; and contain sufficient detail to enable the client to make an informed decision whether or not to accept treatment from the disclosing counselor.

Firms, agencies, or businesses ((may supply generic information relative to a counselor's disclosure to the client, in a format which does not duplicate disclosure information provided when)) having more than one counselor ((is)) involved in a client's treatment, may provide disclosure information general to that agency. In these cases, the counselor would not be required to duplicate the information disclosed by the agency.

The disclosure information ((must)) may be printed in a format ((selected by)) of the counselor's((. Whatever format is chosen)) choosing, but must include all required disclosure information per WAC 246-810-031.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-030, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.19.060. 89-14-070 (Order PM 840), 308-190-040, filed 6/30/89. Statutory Authority: RCW 18.19.050. 88-11-024 (Order PM 728), 308-190-040, filed 5/11/88.]

AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 WAC 246-810-031 Required disclosure information. (1) 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) ((Client's cost per each counseling session and)) 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) 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 ((licensing)) 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."

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

(((j) Counseling)) (k) Clients are to be informed that they as individuals have the right to choose counselors who best suit their needs and purposes. (This subsection is not intended to provide new rights by superseding those adopted by previous statutes.)

(((k) Counseling)) (l) Clients are to be informed of the extent of confidentiality provided by RCW 18.19.180 (1) through (6).

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

(2) Signatures are required of both the counselor providing the disclosure information and the client following a statement that the client had been provided a copy of the required disclosure information and 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) The department of ((licensing)) health publishes a brochure for the education and assistance of the public. The department brochure may be photocopied and provided to each client ((as an option to satisfy)) in conjunction with the ((required)) disclosure information ((of subsection (1)(j) through (l) of)) required in this section. The brochure published by the department is insufficient, by itself, to meet the requirements of this section.

[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 Order 121, filed 12/27/90, effective 1/31/91 WAC 246-810-032 Failure to provide client disclosure information. Failure to provide to the client any of the disclosure information as set forth in WAC ((308-190-040)) 246-810-030 and 246-810-031, and as required by the law shall constitute an act of unprofessional conduct as defined in RCW 18.130.180(((21)))(7).

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-032, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.19.050. 88-11-024 (Order PM 728), 308-190-050, filed 5/11/88.]

NEW SECTION

WAC 246-810-035 Recordkeeping and retention. (1) The counselor providing professional services to a client or providing services billed to a third-party payor, shall document services, except as provided in subsection (2) of this section. The documentation shall include:

(a) Client name;

(b) The fee arrangement and record of payments;

(c) Dates counseling was received;

(d) Disclosure form, signed by counselor and client;

(e) The presenting problem(s), purpose or diagnosis;

(f) Notation and results of formal consults, including information obtained from other persons or agencies through a release of information;

(g) Progress notes sufficient to support responsible clinical practice for the type of theoretical orientation/therapy the counselor uses.

(2) If a client requests that no treatment records be kept, and the counselor agrees to the request, the request must be in writing and only the following must be retained:

(a) Client name;

(b) Fee arrangement and record of payments;

(c) Dates counseling was received;

(d) Disclosure form, signed by counselor and client;

(e) Written request that no records be kept.

(3) The counselor must not agree to the request if maintaining records is required by other state or federal law.

(4) All records must be kept for a period of five years following the last visit. Within this five-year period, all records must be maintained safely, with properly limited access.

Special provisions must be made for the retention or transferal of active or inactive records from clients last seen inside of five years; and for continuity of services in the event of a counselor going out of business, death or incapacitation. Such special provisions may be made in a will or by having another counselor review records with a client and recommend a course of action; or other appropriate means as determined by the counselor.

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AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 WAC 246-810-040 Reporting of suspected abuse or neglect of a child, dependent adult, or a developmentally disabled person. As required by chapter 26.44 RCW, all ((hypnotherapists and)) counselors((, registered or certified, shall)) must report abuse or neglect of a child, dependent adult, or developmentally disabled person when they have reasonable cause to believe that such an incident has occurred.

The report shall be made to the local law enforcement agency or to the department of social and health services at the first opportunity, but no longer than forty-eight hours after there is reasonable cause to believe that the child or adult has suffered abuse or neglect.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-040, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.19.060. 89-14-070 (Order PM 840), 308-190-042, filed 6/30/89.]

NEW SECTION

WAC 246-810-045 Fees paid in advance. (1) Any practice of collecting fees in advance, as well as refund policies, must be disclosed in accordance with WAC 246-810-031 to the client before any funds are collected.

(2) Counselors who collect fees in advance of the service provided must separate such funds from operating/expense funds. Failure to properly account for such funds may be a violation of the Securities Act, RCW 21.20.005. These fees may not be expended by the counselor until such time as the service is provided. Any funds left in the account, for which services were not rendered, must be returned to the client within thirty days of the request by the client for return of the funds.

(3) Room rental fees or similar expenses (i.e., as relates to group therapy), are not considered fees paid in advance.

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NEW SECTION

WAC 246-810-049 Sexual misconduct. (1) A counselor shall not engage in sexual contact or sexual activity with current clients.

(2) Counselors shall not accept as patients or clients individuals with whom they have engaged in sexual contact or activity.

(3) A counselor shall not engage in sexually harassing or demeaning behavior with clients.

(4) Sexual contact or activity with a client, or an individual who has been a client within the past two years, constitutes unprofessional conduct.

(5) Counselors shall never engage in sexual contact or activity with former clients, if such contact or activity involves the abuse of the counselor-client relationship.

(a) The department may consider the following factors in evaluating if the counselor-client relationship has been abusive:

(i) The amount of time that has passed where there is no contact of any kind between counselor and client since therapy terminated;

(ii) The nature and duration of the therapy;

(iii) The circumstances of cessation or termination of therapy;

(iv) The client's personal history;

(v) The client's current mental status, emotional dependence and vulnerability;

(vi) The likelihood of adverse impact on the client and others; and

(vii) Any statements or actions made by the counselor during the course of therapy suggesting or inviting the possibility of a post termination sexual or romantic relationship with the client.

(b) If a counselor engages in sexual contact or activity with a client more than two years after the last therapeutic session, the counselor has had no contact with the client during the two-year period, and the sexual activity is not abusive of the counselor-client relationship the department will not consider the relationship to be unprofessional conduct.

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AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 WAC 246-810-060 Mandatory reporting. (1) All reports required by this chapter shall be submitted to the department as soon as possible, but no later than twenty days after a determination is made.

(2) ((A)) Reports made in accordance with WAC 246-810-061, 246-810-062, 246-810-063, and 246-810-064 should contain the following information if known:

(a) The name, address, and telephone number of the person making the report.

(b) The name ((and)), address and telephone number((s)) of the ((registered)) counselors being reported.

(c) The case number of any client or patient whose treatment is a subject of the report.

(d) A brief description or summary of the facts which gave rise to the issuance of the report, including dates of occurrences.

(e) If court action is involved, the name of the court in which the action is filed along with the date of filing and docket number.

(f) Any further information which would aid in the evaluation of the report.

(3) Mandatory reports shall be exempt from public inspection and copying to the extent permitted under ((RCW 42.17.310 or to the extent that public inspection or copying of the report or any portion of the report would invade or violate a person's right to privacy as set forth in RCW 42.17.255)) chapter 42.17 RCW.

(4) A person is immune from civil liability, whether direct or derivative, for providing information to the department pursuant to RCW 18.130.070.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-060, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 89-14-092 (Order PM 842), 308-190-070, filed 6/30/89.]

AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 WAC 246-810-061 Health care institutions. The chief administrator or executive officer or their designee of any hospital ((or)), nursing home ((or alcohol)), chemical dependency treatment ((agency)) programs as defined in chapter((s 70.96 and)) 70.96A RCW, drug treatment agency as defined in chapter 69.54 RCW, and public and private mental health treatment agencies as defined in RCW 71.05.020 (6) and (7), and 71.24.025(3), shall report to the department when any ((registered)) counselor's services are terminated or are restricted based upon a determination that the ((registered)) counselor has committed an act which may constitute unprofessional conduct or that the ((registered)) counselor may be unable to practice with reasonable skill or safety to clients by reason of a mental or physical condition. Reports are to be made in accordance with WAC 246-810-060.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-061, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 89-14-092 (Order PM 842), 308-190-080, filed 6/30/89.]

AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 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 ((registered)) 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 be made without regard to whether the ((registration holder)) counselor appeals, accepts, or acts upon the determination made by the association or society. Notification of appeal shall be included. Reports are to be made in accordance with WAC 246-810-060.

[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 Order 121, filed 12/27/90, effective 1/31/91 WAC 246-810-063 Health care service contractors and disability insurance carriers. The executive officer of every health care service contractor and disability insurer, licensed under chapters 48.20, 48.21, 48.21A, and 48.44 RCW, operating in the state of Washington shall report to the department all final determinations that a ((registered)) counselor has engaged in fraud in billing for services. Reports are to be made in accordance with WAC 246-810-060.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-063, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 89-14-092 (Order PM 842), 308-190-100, filed 6/30/89.]

AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 WAC 246-810-064 Professional liability carriers. Every institution or organization providing professional liability insurance directly or indirectly to ((registered)) counselors shall send a complete report to the department of any malpractice settlement, award, or payment in excess of twenty thousand dollars as a result of a claim or action for damages alleged to have been caused by an insured ((registered)) counselor's incompetency or negligence in the practice of counseling. Such institution or organization shall also report the award, settlement, or payment of three or more claims during a twelve-month period as a result of the counselor's alleged incompetence or negligence in the practice of counseling. Reports are to be made in accordance with WAC 246-810-060.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-064, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 89-14-092 (Order PM 842), 308-190-110, filed 6/30/89.]

AMENDATORY SECTION (Amending Order 121, filed 12/27/90)

WAC 246-810-065 Courts. The department requests the assistance of the clerk of trial courts within the state to report all professional malpractice judgments and all convictions of ((registered)) counselors, other than minor traffic violations.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-065, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 89-14-092 (Order PM 842), 308-190-120, filed 6/30/89.]

AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 WAC 246-810-066 State and federal agencies. The department requests the assistance of executive officers of any state or federal program operating in the state of Washington, under which a ((registered)) counselor is employed to provide client care services, to report to the department whenever such a ((registered)) counselor has been judged to have demonstrated his/her incompetency or negligence in the practice of counseling, or has otherwise committed unprofessional conduct, or ((is a mentally or physically disabled counselor)) may not be able to practice with reasonable skill and safety by reason of any mental or physical condition. These requirements do not supersede any federal or state law.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-066, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 89-14-092 (Order PM 842), 308-190-130, filed 6/30/89.]

AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 WAC 246-810-070 Cooperation with investigation. (1) A ((registrant)) counselor must comply with a request for records, documents, or explanation from an investigator who is acting on behalf of the ((director)) secretary of the department of ((licensing)) health by submitting the requested items within fourteen calendar days of receipt of the request by either the ((registrant)) counselor or their attorney, whichever is first. If the ((registrant)) counselor fails to comply with the request within fourteen calendar days, the investigator will contact that individual or their attorney by telephone or letter as a reminder.

(2) Investigators may ((extend the time)) grant a one-time extension for response if ((the request for extension does not exceed seven calendar days)) needed. Any other requests for extension of time may be granted by the ((director)) secretary or the ((director's)) secretary's designee.

(3) If the ((registrant)) counselor fails to comply with the request within three business days after receiving the reminder, a ((subpoena will be served to obtain the requested items. A)) statement of charges may be issued pursuant to RCW 18.130.180(8) for failure to cooperate. If there is sufficient evidence to support additional charges, those charges may be included in the statement of charges.

(((4) If the registrant complies with the request after the issuance of the statement of charges, the director or the director's designee will decide if the charges will be prosecuted or settled. If the charges are to be settled the settlement proposal will be negotiated by the director's designee. Settlements are not considered final until the director signs the settlement agreement.))

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-070, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.130.070. 89-14-092 (Order PM 842), 308-190-140, filed 6/30/89.]

AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 WAC 246-810-080 AIDS prevention and information education requirements. (1) Definitions.

(a) "Acquired immunodeficiency syndrome" or "AIDS" means the clinical syndrome of HIV-related illness as defined by the board of health ((by)) in rule.

(b) "Office on AIDS" means that section within the department of ((social and)) health ((services)) or any successor department with jurisdiction over public health matters as defined in chapter 70.24 RCW.

(2) ((Application for registration. Effective January 1, 1989)) Persons applying for registration ((shall)) or certification must submit, in addition to the other requirements, evidence to show compliance with the education requirements of subsection (((4))) (3) of this section.

(3) ((1989 Renewal of registration. Effective for the 1989 renewal period beginning January 1, 1989 all persons making application for registration renewal shall submit, in addition to the other requirements, evidence to show compliance with the education requirements of subsection (4). Those persons who must renew during 1989 shall submit evidence of compliance with the education requirements of subsection (4) with their renewal application. Those persons who must renew during 1990 shall submit evidence of compliance with subsection (4) on or before December 31, 1989. Persons whose 1989 registration expires on or before March 31, 1989 will, upon written application, be granted an extension to April 15, 1989, to meet the AIDS education requirement. Renewal applicants who have documented hardship that prevents obtaining the required education may petition for an extension.

(4))) AIDS education and training.

(a) Acceptable education and training. The director will accept education and training that is consistent with the topical outline supported by the office on AIDS. Such education and training shall be a minimum of four clock hours and shall include, but is not limited to((, the following)): Etiology and epidemiology; testing and counseling; infection control guidelines; clinical manifestations and treatment; legal and ethical issues to include confidentiality; and psychosocial issues to include special population considerations.

(b) ((Implementation. Effective January 1, 1989, the requirement for registration, renewal, or reinstatement of any registration on lapsed, inactive, or disciplinary status shall include completion of AIDS education and training. All persons affected by this section shall show evidence of completion of an education and training program, which meets the requirements of subsection (a).

(c))) Documentation. The applicant ((shall)) must:

(i) Certify, on forms provided, that the minimum education and training ((has been)) was completed after January 1, 1987;

(ii) Keep records for two years documenting attendance and description of the ((learning)) training;

(iii) Be prepared to validate, through submission of these records, that attendance ((has taken)) took place.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-080, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.24.270. 88-22-077 (Order PM 786), 308-190-200, filed 11/2/88.]

CERTIFIED COUNSELORS--GENERAL REQUIREMENTS

NEW SECTION

WAC 246-810-110 Definitions. The following terms apply to the remainder of this chapter:

(1) "Counseling internship" is defined as supervised mental health counseling, marriage and family therapy and social work performed through counseling field placement while acquiring a master's or doctoral degree.

(2) "Counseling practicum" is defined as mental health counseling, marriage and family therapy and social work that is supervised as a part of a course.

(3) "Distance learning" means correspondence, computer, audio, video, or teleconference courses.

(4) "Formal meeting" is defined as conversations with an approved supervisor to discuss supervisee's cases. The formal meeting is usually a period of approximately one hour and focuses on the raw data from a supervisee's postgraduate experience, which may be made available to the supervisor through such means as direct observation, cotherapy, written clinical notes and audio and video recordings. Formal meetings, as defined here, take place during the supervised postgraduate experience and may be in the form of individual formal meetings or group formal meetings:

(a) "Individual formal meeting" is defined as a meeting with an approved supervisor, involving one supervisor and no more than two supervisees.

(b) "Group formal meeting" is defined as sessions of one or more supervisors meeting with no more than six supervisees.

(5) "Marriage and family therapist" is a counselor who practices that aspect of counseling described in RCW 18.19.130(2).

(6) "Mental health counselor" is a counselor who practices that aspect of counseling as described in RCW 18.19.120(2).

(7) "Social worker" is a counselor who practices that aspect of counseling described in RCW 18.19.110(3).

(8) "Official transcript" is defined as the transcript from the graduate school, in an envelope readily identified as having been sealed by the school.

(9) "Supervised postgraduate experience" is the post-master's degree practice as referred to in RCW 18.19.110 (1)(b) and the postgraduate practices as referred to in RCW 18.19.120 (1)(b) and RCW 18.19.130 (1)(b), and is the experience received under an approved supervisor after the master's or doctoral degree is acquired. A practicum or internship done while acquiring the degree is not applicable. The total number of counseling hours must be accumulated over a minimum twenty-four-month period. Accumulation of professional experience is not required to be consecutive.

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NEW SECTION

WAC 246-810-120 Qualifications not met--Appeal. (1) An applicant notified by the department as not meeting qualifications for state certification may request an informal review and an outline of requirements met or not met by making such request to the department in writing.

(2) The department will provide the applicant with an outline and the process for an appeal.

(3) After receiving the breakdown, the applicant may appeal the department's decision by submitting a letter requesting a brief adjudicative proceeding. The letter must clearly state the specific reason for the appeal and how the department was in error. The applicant must cite the law or rule on which the appeal is based.

(4) Following the brief adjudicative proceeding, the department will render a decision and notify the applicant in writing of the results.

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NEW SECTION

WAC 246-810-130 Canceled certification--Reapplication. If a certification has been expired for three years or more, the certification is canceled. The certified counselor must reapply with the department, pay any current fees, and may be required to meet all the requirements of a new applicant. This section does not apply to anyone in a temporary retirement status.

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NEW SECTION

WAC 246-810-140 Temporary retirement. Temporary retirement means a certified counselor who desires to place their certification in a nonpracticing status. The following applies only to counselors whose certification is active:

(1) Request must be made in writing.

(2) While in temporary retirement, the counselor:

(a) May not represent him/herself as "certified"; and

(b) Is not required to pay certification renewal fees.

(3) Reinstatement of the certification requires written notification to the department within five years of temporary retirement, and compliance with any applicable continuing education requirements, renewal requirements and fees in place at the time.

(4) If renewal is not made within five years of expiration, the counselor must reapply with the department, pay any current fees, provide evidence of current knowledge and skill and may be required to meet all the requirements of a new applicant.

(5) A certified counselor may let the certification lapse and practice under another certification or as a registered counselor.

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NEW SECTION

WAC 246-810-150 Approved continuing education programs. (1) The continuing education (CE) program or course shall contribute to the advancement, extension and enhancement of the professional competence of the certified counselor. Courses or workshops primarily designed to increase practice income or office efficiency are specifically not eligible for CE credit. Counselors are encouraged to take CE relating to the various phases of their professional career.

(2) Acceptable CE courses (including distance learning), seminars, workshops and postgraduate institutes are those which are:

(a) Programs having a featured instructor, speaker(s) or panel which has been approved by an industry-recognized local, state, national or international organization or institution of higher learning;

(b) Distance learning programs, approved by an industry-recognized local, state, national or international organization or institution of higher learning. Such programs must have accompanying required tests of comprehension upon completion, and be independently graded.

(3) Training programs sponsored by the agency where a counselor is employed are acceptable if:

(a) The experience can be shown to contribute to the advancement, extension and enhancement of the professional competence of the certified counselor; and

(b) Are limited to six hours per reporting period.

(4) Other learning experiences, such as serving on a panel, board or council, community service, or publishing articles for professional publications, are acceptable if:

(a) The experience can be shown to contribute to the advancement, extension and enhancement of the professional competence of the certified counselor; and

(b) Are limited to six hours per reporting period.

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NEW SECTION

WAC 246-810-152 Continuing competency--Continuing education requirements. The purpose of these continuing education rules is to require certified counselors to continue their professional education as a condition of maintaining state certification.

(1) Certified counselors shall be responsible for obtaining thirty-six clock hours of continuing education during the two-year reporting period immediately preceding renewal of certification, at least six hours of which must be in professional ethics and law.

(2) When requested with the renewal of certification, the certified counselor shall submit an affidavit of compliance with continuing education requirements on a form provided by the department.

(3) The certified counselor shall obtain documentation of attendance from the continuing education provider to substantiate the affidavit of compliance and provide such documentation to the department if requested. Accordingly, it is the responsibility of the certified counselor to maintain evidence of such compliance for one year after the reporting date.

(4) Acceptable documentation of continuing education attendance to substantiate the affidavit shall include transcripts, letters from course instructors, or certificate of completion or other formal certification. In all cases other than transcripts, the documentation must show the participant's name, the activity title, number of CE credit hours, date(s) of activity, and the signature of verifying individual (program sponsor).

(5) The certified counselor is subject to random compliance audit of continuing education any time within one year after the reporting date to which the affidavit of compliance applies; and shall provide such documentation to the department if requested. As part of the audit, the department may require a report of how a specific course improved the counselor's professional performance or benefitted the counselor's clients. If the secretary finds that the certificate holder did not obtain acceptable continuing education during the reporting period, the secretary may take action against the certified counselor.

(6) The certificate holder who has been in temporary retirement pursuant to RCW 18.19.160(2) shall be required to submit an affidavit of compliance with continuing education requirements upon request for reinstatement. The continuing education must have been obtained during the two-year period immediately prior to the renewal.

(7) The certificate holder who allows the certification to lapse and who requests renewal shall provide documentation of at least thirty-six hours of continuing education taken during the two years immediately prior to renewal.

(8) Continuing education clock hours in excess of the required hours obtained in any renewal period may not be carried forward to a subsequent renewal period.

(9) The certificate holder who prepares and presents lectures or education that contributes to the professional competence of a certified counselor may accumulate the same number of clock hours obtained for continuing education purposes by attenders. The clock hours for presenting a specific topic lecture or education may only be used for continuing education credit once during each renewal period.

(10) The effective date of the continuing education requirement shall be two years after the 1998 renewal date.

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CERTIFIED MARRIAGE AND FAMILY THERAPISTS

AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 WAC 246-810-310 Definitions. ((Definitions within the meaning of this chapter as pertains)) The following terms apply to the certification of marriage and family therapists.

(1) (("Shows evidence" is defined as the official transcript sent directly to the department of licensing by the approved college or university to include course catalogs and syllabi if requested by the department.

(2))) "Approved school" ((and "approved graduate school" both)) means:

(a) Any ((regionally accredited)) college or university accredited by a national or regional accrediting body recognized by the commission on recognition of postsecondary accreditation or its successor; or

(b) A program accredited by the commission on accreditation for marriage and family therapy education, at the time the applicant completed the required education.

(2) "Approved supervisor" is an individual who meets the education and experience requirements described in WAC 246-810-334.

(3) "Marriage and family ((assessment)) treatment" includes the evaluation and diagnosis of individual, marital, family functioning, and psychopathology.

(4) "Treatment" is a process that is derived from a systemic or interactional theoretical orientation where psychotherapy is employed to improve the individual, marital, and family functioning.

(5) "Program equivalency" is graduate level courses the content of which compares to coursework required for achievement of a master's or doctoral degree in marriage and family therapy.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-310, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.19.050. 89-04-003 (Order PM 817), 308-220-010, filed 1/19/89; 88-11-079 (Order PM 729), 308-220-010, filed 5/18/88.]

AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 WAC 246-810-320 Education requirements--Degree equivalents. (1) To meet the education requirement of RCW 18.19.130, an applicant must possess a master's or doctoral degree in marriage and family therapy or a behavioral science master's or doctoral degree with equivalent coursework from an approved school. An official transcript must be provided as evidence of fulfillment of the coursework required.

(2) The following are considered to ((establish equivalence)) be equivalent to a master's or doctoral degree in marriage and family therapy from an approved school ((or an approved graduate school)):

(((1))) (a) A doctoral or master's degree from an approved school in any of the behavioral sciences that shows evidence of fulfillment of the coursework requirements set out in WAC ((308-220-040;)) 246-810-321; or

(((2))) (b) A doctoral or master's degree in any of the behavioral sciences from an approved school that shows evidence of partial fulfillment of the equivalent coursework requirements set out in WAC ((308-220-040)) 246-810-321, plus supplemental coursework from ((either)) an ((AAMFT accredited postgraduate institution or from a regionally accredited college or university)) approved school to satisfy the remaining equivalent coursework requirements set out in WAC ((308-220-040)) 246-810-321; or

(3) ((A doctoral or master's degree in any of the behavioral sciences and proof of meeting requirements for receiving AAMFT clinical membership.)) Applicants who held a behavioral science master or doctoral degree and are completing supplemental coursework through an approved school to satisfy any missing program equivalencies may count any postgraduate experience hours acquired concurrently with the additional coursework.

(4) Anyone who has obtained American Association for Marriage and Family Therapy (AAMFT) clinical membership status is considered to have met the education requirements of this chapter. Verification must be sent directly to the department from the AAMFT.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-320, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.19.050. 89-04-003 (Order PM 817), 308-220-030, filed 1/19/89; 88-11-079 (Order PM 729), 308-220-030, filed 5/18/88.]

AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 WAC 246-810-321 Program equivalency. ((The equivalent course of graduate study)) Coursework equivalent to a master's or doctoral degree in marriage and family therapy shall include graduate level courses in marital and family systems, marital and family therapy, individual development psychopathology, human sexuality, research, professional ethics and law, and supervised clinical practice and electives.

A total of forty-five semester ((hours)) credits and sixty quarter ((hours)) credits are required in all nine areas of study. A minimum of twenty-seven semester ((hours)) credits or thirty-six quarter ((hours)) credits are required in the first five areas of study: Marital and family systems, marital and family therapy, individual development psychopathology, human sexuality, and research. Distribution of the coursework is as follows ((below)):

(1) Marital and family systems.

(a) An applicant must ((take from)) have taken at least two ((to four)) courses in marital and family systems. ((Course hours)) Coursework required ((are)) is a minimum of six ((to twelve)) semester ((hours)) credits or eight ((to sixteen)) quarter ((hours)) credits.

(b) Marital and family systems is a fundamental introduction to the systems approach to intervention. The student should learn to think in systems terms on a number of levels across a wide variety of family structures, and regarding a diverse range of presenting problems. While the most intense focus may be on the nuclear family (in both its traditional and alternative forms), models should be taught which integrate information regarding the marital, sibling, and individual subsystems, as well as the family of origin and external societal influences. Developmental aspects of family functioning should also be considered of the family system, it also provides a theoretical basis for treatment strategy. Some material may be drawn from familiar sources such as family sociology, but it should be integrated with recent clinically-oriented systems concepts. Supplemental studies may include family simulation, the observation of well families, and study of the student's family of origin.

(2) Marital and family therapy.

(a) An applicant must ((take from)) have taken at least two ((to four)) courses in marital and family therapy. ((Course hours)) Coursework required ((are)) is a minimum of ((two to four)) six semester ((hours)) credits or ((three to six)) eight quarter ((hours)) credits.

(b) Marital and family therapy is intended to provide a substantive understanding of the major theories of systems change and the applied practices evolving from each orientation. Major theoretical approaches to be surveyed might include strategic, structural, experiential, neoanalytical (e.g., object relations), communications, and behavioral. Applied studies should consider the range of technique associated with each orientation, as well as a variety of treatment structures, including individual, concurrent, collaborative, conjoint marital, marital group, transgenerational, and network therapies.

(3) Individual development.

(a) An applicant must ((take)) have taken at least one course in individual development. ((Course hours)) Coursework required ((are)) is a minimum of two ((to four)) semester ((hours)) credits or three ((to six)) quarter ((hours)) credits.

(b) A course in this area is intended to provide a knowledge of individual personality development and its normal and abnormal manifestations. The student should have relevant coursework in human development across the life span, and in personality theory. An attempt should be made to integrate this material with systems concepts. Several of the courses in this category may be required as prerequisites for some degree programs.

(4) Psychopathology.

(a) An applicant must ((take)) have taken at least one course in psychopathology. ((Course hours)) Coursework required ((are)) is a minimum of two ((to four)) semester ((hours and)) credits or three ((to six)) quarter ((hours)) credits.

(b) Psychopathology is the assessment and diagnosis including familiarity with current diagnostic nomenclature, diagnostic categories and the development of treatment strategies.

(5) Human sexuality.

(a) An applicant must ((take)) have taken at least one course in human sexuality. ((Course hours)) Coursework required ((are)) is a minimum of two ((to four)) semester ((hours and)) credits or three ((to six)) quarter ((hours)) credits.

(b) Human sexuality includes normal psycho-sexual development, sexual functioning and its physiological aspects and sexual dysfunction and its treatment.

(6) Research.

(a) An applicant must ((take)) have taken at least one course in research methods. ((Course hours)) Coursework required ((are)) is a minimum of three semester ((hours and)) credits or four quarter ((hours)) credits.

(b) The research area is intended to provide assistance to students in becoming informed consumers of research in the marital and family therapy field. Familiarity with substantive findings, together with the ability to make critical judgments as to the adequacy of research reports, is expected.

(7) Professional ethics and law.

(a) An applicant must ((take)) have taken at least one course in professional ethics and law. ((Course hours)) Coursework required ((are)) is a minimum of three semester ((hours and)) credits or four quarter ((hours)) credits.

(b) This area is intended to contribute to the development of a professional attitude and identity. Areas of study will include professional socialization and the role of the professional organization, licensure or certification legislation, legal responsibilities and liabilities, ethics and family law, confidentiality, independent practice and interprofessional cooperation.

(8) Electives.

(a) An individual must take one course in an elective area. Coursework required is a minimum of three semester credits and four quarter credits.

(b) This area will vary with different institutions but is intended to provide supplemental and/or specialized supporting areas.

(9) Supervised clinical practice.

(a) An applicant ((must have a minimum of one year of)) may acquire up to nine semester credits or twelve quarter credits through supervised clinical practice in marriage and family therapy under the supervision of a qualified marriage and family therapist((. Course hours required are a minimum of nine semester hours and twelve quarter hours.

(b) A minimum of five hundred hours of direct contact is required during graduate school. The student shall be involved in direct systemic/interactional clinical work with individuals, couples, and families. This work will continue without interruption for the balance of the student's academic program or at least one calendar year. A total of five hundred direct clinical hours shall be spread evenly throughout the calendar year with a minimum of one hundred hours of supervision (a minimum of fifty group hours and a minimum of fifty individuals).

(c) Applicants who have completed master's programs accredited by the AAMFT commission of accreditation will have met the five hundred hours of direct contact required during graduate school.

(9) Electives.

(a) An individual must take one course in an elective area. Course hours required are a minimum of three semester hours and four quarter hours.

(b) This area will vary with different institutions but is intended to provide supplemental and/or specialized supporting areas.)) as determined by the school;

(b) If an applicant completed a master's or doctoral degree program in marriage and family therapy, or a behavioral science master's or doctoral degree with equivalent coursework, prior to January 1, 1997; and if that degree did not include a supervised clinical practice component, the applicant may substitute the clinical practice component with proof of a minimum of three years postgraduate experience in marriage and family therapy, in addition to the two years supervised postgraduate experience required under WAC 246-810-332(1).

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-321, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.19.050. 88-11-079 (Order PM 729), 308-220-040, filed 5/18/88.]

AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 WAC 246-810-332 Supervised postgraduate ((practice)) experience. ((Two years)) (1) To meet the postgraduate practice requirements provided in RCW 18.19.130(1), an applicant must have accomplished a minimum of twenty-four months of ((supervised)) postgraduate ((practice is required to be eligible for certification examination. The two years would include)) experience with an approved supervisor, who is responsible for the oversight of the supervisee's continuing clinical practice of marriage and family therapy. Total experience requirements include:

(a) One thousand hours of direct client contact; plus

(b) At least two hundred hours of ((supervision with)) formal meetings with an approved supervisor. At least one hundred of the two hundred hours ((to)) must be individual ((supervision. The two hundred hours of supervised practice represents one thousand hours of direct client contact)) formal meetings. The remaining hours may be in group formal meetings.

(2) Applicants who have completed a master's program accredited by the ((AAMFT)) commission on accreditation for marriage and family therapy education of the AAMFT may be credited with one hundred hours of supervision toward the two hundred hour ((supervision)) formal meeting requirement.

(3) Applicant must provide proof of experience on forms provided by the department.

(4) Staff development or orientation, or work done in a classroom, workshop or seminar setting are not applicable toward the supervised postgraduate experience required by this chapter.

(5) Anyone who has obtained American Association for Marriage and Family Therapy (AAMFT) clinical membership status is considered to have met the postgraduate experience requirements of this chapter. Verification must be sent directly to the department of health from the AAMFT.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-332, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.19.050. 88-11-079 (Order PM 729), 308-220-070, filed 5/18/88.]

NEW SECTION

WAC 246-810-334 Approved supervisor--Qualifications. (1) "Approved supervisor" (also referred to as "supervisor,") is defined as: A certified marriage and family therapist; or a mental health care provider who meets or exceeds the requirements of a certified marriage and family therapist in the state of Washington; and who would be eligible to take the examination required for certification. The supervisor must not be a blood or legal relative or cohabitant of the supervisee, supervisee's peer, or someone who has acted as the supervisee's therapist.

(2) The approved supervisor shall meet the following additional experience requirements:

(a) Must have completed at least three years of employment, or private practice, as a professional as defined above; and

(b) Must have at least one year's experience supervising the practice of marriage and family therapy, or the supervision of a practicum or internship.

(c) The one year of supervision may be acquired during the three years of employment or private practice.

(3) An American Association of Marriage and Family Therapy approved supervisor is considered to have met the requirements described in subsections (1) and (2) of this section.

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AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 WAC 246-810-340 Examination. (1) Examinations ((will)) must be given to qualified candidates at least once annually as determined by the ((director)) secretary. Application((s)) and application fee must be ((complete and)) submitted at least ninety days ((in advance)) prior to the scheduled examination date. All other supporting documents, including verification of supervised postgraduate experience, must be submitted sixty days prior to the examination date.

(2) Examinations required.

(a) Applicant must take and pass the Association of Marital and Family Therapy Regulatory Boards (AMFTRB) examination. The passing score on the examination shall be that established by the testing company in conjunction with the AMFTRB.

(b) Applicant will be required to take and pass the written examination on Washington's statutes and rules. The passing score on the examination shall be determined by the secretary.

(3) Applicants who fail one or both of the examination(s) shall submit the current reexamination fee(s).

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-340, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.19.050. 88-11-079 (Order PM 729), 308-220-020, filed 5/18/88.]

NEW SECTION

WAC 246-810-345 Examination appeal procedures. (1) The candidate who fails the examination for marriage and family therapist certification may appeal the examination results by requesting a review of the failed examination.

(2) The procedure for informal review of failed state-examination questions is as follows:

(a) The request for a review must be in writing and be postmarked within thirty days from the date of the letter notifying the candidate of the specific examination results.

(b) The department must notify the candidate of time, date and place to personally review incorrect answers on the failed examination. The time and place for such review shall be determined by the department.

(c) At the time of the candidate's review, the department shall provide the candidate's failed questions, indicating the incorrect selections. The candidate shall also be provided a form for completion in defense of the candidate's examination answers. The form, which serves the purpose of requesting an informal appeal, must be completed by the candidate only at the time of the review.

(i) The candidate must be identified only by candidate number for the purpose of the informal review.

(ii) The candidate must state the specific reason(s) why her or his answer(s) should be considered correct.

(d) The following restrictions shall apply during the review:

(i) The candidate must not bring in any resource material for use while completing the review.

(ii) The candidate is not allowed to remove any notes or material from the review site.

(iii) Letters of reference or requests for special consideration will not be considered.

(e) Requests for informal appeal are considered only when sufficient questions are challenged to result in a passing score.

(f) The informal appeal must be reviewed by the department which shall determine whether or not the candidate should be given credit for her or his answer(s) on the examination.

(g) The department must notify the candidate of the informal appeal decision in writing.

(3) The candidate who wishes informal review of the national examination must:

(a) Request hand scoring of the national examination from the department. The request must be in writing and postmarked within thirty days from the date of the letter notifying the candidate of the specific examination results. Upon request from the candidate, the department must provide examination-agency forms to the candidate. The candidate must fill out the form and forward with any required fee to the examination agency. Hand score results will be sent to the department. The department notifies the candidate of the results by letter.

(b) The candidate may request a review of the national examination within ninety days of the date of the exam, by submitting a written request to the department. The department will work with the examination agency to provide the candidate with the opportunity to review the exam in accordance with any review procedures required by the examination agency. The time and place for such review is determined by the department as required by any constraints from the examination agency.

(4) The candidate who is not satisfied with the informal appeal decision may request a formal hearing before a law judge as provided by the Administrative Procedure Act, chapter 34.05 RCW. Such request for formal hearing must be submitted in writing to the department and be postmarked within thirty days from the date on the written notification of the informal appeal decision. The issues raised by the candidate at the formal hearing must be limited to those issues raised by the candidate for consideration in the informal appeal, unless amended by a prehearing order. The department must inform the candidate of the formal appeal process in writing within twenty days of receipt of the request for formal appeal.

(5) If there is a prehearing conference, the law judge must enter an order which sets forth the actions taken at the conference, including the settlement or simplification of issues. The prehearing order limits the issues for formal hearing to those not disposed of by admission or agreement. Such order controls the subsequent course of the proceeding unless modified by subsequent prehearing order.

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NEW SECTION

WAC 246-810-348 Certification of persons credentialed out-of-state.Certification as a Washington state certified marriage and family therapist may be extended to persons credentialed in another jurisdiction.

(1) Applicants must have met the same education and experience as required by Washington state statute, chapter 18.19 RCW, and rules, chapter 246-810 WAC.

(2) Applicants who are currently a clinical member of The American Association for Marriage and Family Therapy (AAMFT) have met the educational and supervised postgraduate experience requirements for Washington state certification and are eligible to take the examination. Documentation of AAMFT status must be sent directly to the department of health from AAMFT.

(3) Examinations.

(a) Applicant must have passed the Association of Marital and Family Therapy Regulatory Boards (AMFTRB) examination. Verification must be provided directly from the jurisdiction in which the applicant took the required examination.

(b) Applicant will be required to take and pass the written examination on Washington's statutes and rules.

(4) The following situations are not considered substantially equal for Washington state certification:

(a) Certification of persons credentialed out-of-state through a state-constructed examination; or

(b) Grandfathering provisions where proof of education, supervised postgraduate experience, or examination was not required.

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CERTIFIED MENTAL HEALTH COUNSELORS

AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 WAC 246-810-510 Definitions. The following terms apply to the certification of mental health counselors.

(1) (("Wellness model" is defined as focusing on a client's inherent strengths rather than pathology or restrictions on the clientele to be treated. "Wellness model" is an attitudinal rather than methodological intention.

(2) "Postgraduate supervision" is defined as consisting of a total of one hundred documented hours of individual face-to-face case consultation with an approved supervisor, with no more than six hours per month to be allowed to accrue toward the total.

(3) "Postgraduate professional experience" is defined as consisting of face-to-face counseling service with an individual or with a group of individuals for at least fifty percent of counseling service hours per week for a full-time or part-time employee. The total number of counseling hours is two thousand or more documented hours accumulated over a minimum of twenty-four months but not more than forty-eight months.

(4) "Counseling practicum" is defined as mental health counseling that is supervised as a part of a course.

(5) "Counseling internship" is defined as supervised mental health counseling performed through counseling field placement.

(6))) "Approved school" means any college or university accredited by a national or regional accrediting body recognized by the commission on recognition of postsecondary accreditation, or its successor, at the time the applicant completed the required education.

(2) "Approved supervisor" ((shall include a certified mental health counselor, licensed psychologist, licensed psychiatrist, or other mental health care provider who meets or exceeds the requirements of certified mental health counselor; provided, the supervisor is not a blood or legal relative or cohabitant of the supervisee.

(7) "Related field" is defined as counseling, psychology, social work, nursing, education, or social sciences)) is an individual who meets the education and experience requirements described in WAC 246-810-534.

(3) "Program equivalency" is a core of study, the content of which compares to coursework required for achievement of a master's or doctoral degree in mental health counseling.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-510, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.19.120. 89-14-071 (Order PM 841), 308-210-010, filed 6/30/89. Statutory Authority: RCW 18.19.050. 88-11-025 (Order PM 730), 308-210-010, filed 5/11/88.]

AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 WAC 246-810-520 ((Approved schools.)) Education requirements. ((Approved schools are those colleges or universities which were accredited by Western Association of Schools and Colleges, Northwest Association of Schools and Colleges, or an essentially equivalent national or regional accrediting body recognized by the council on postsecondary accreditation at the time the applicant completed the required education.)) (1) To meet the education requirement imposed by RCW 18.19.120, an applicant must possess a master's or doctoral degree in mental health counseling or a behavioral science master's or doctoral degree in a field relating to mental health counseling from an approved school. Fields recognized as relating to mental health counseling may include counseling, psychology, social work, nursing, education, pastoral counseling, rehabilitation counseling, or social sciences. Any field of study qualifying as related to mental health counseling must satisfy coursework equivalency requirements included in WAC 246-810-521. An official transcript must be provided as evidence of fulfillment of the coursework required.

(2) Any supplemental coursework required must be from an approved school.

(3) Applicants who held a behavioral science master or doctoral degree and are completing supplemental coursework through an approved school to satisfy any missing program equivalencies may count any postgraduate experience hours acquired concurrently with the additional coursework.

(4) A person who is a Nationally Certified Counselor (NCC) or a Certified Clinical Mental Health Counselor (CCMHC) through the National Board of Certified Counselors (NBCC) is considered to have met the education requirements of this chapter. Verification must be sent directly to the department from NBCC.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-520, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.19.050. 88-11-025 (Order PM 730), 308-210-020, filed 5/11/88.]

AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 WAC 246-810-521 ((Mental health counselors--Education requirement prior to examination for certification.)) Behavioral sciences--Program equivalency. (((1) To meet the education requirement imposed by RCW 18.19.120, an applicant must possess:

(a) A master's or doctoral degree in mental health counseling or related field from a regionally accredited college or university; or

(b) Have successfully completed at least thirty graduate semester hours or forty-five graduate quarter hours in the field of mental health counseling or the substantial equivalent in subject content.

(2) Subject content)) (1) Behavioral science in a field relating to mental health counseling includes a core of study relating to counseling ((theories,)) theory and counseling philosophy((,)). Either a counseling practicum, or a counseling internship, ((and should incorporate content in professional ethics and law and shall)) or both, must be included in the core of study. Exclusive use of an internship or practicum used for qualification must have incorporated supervised direct client contact. This core of study must include ((at least five)) seven content areas from the entire list (a) through (((h))) (q) of this subsection ((and at least two additional)), five of which must be from content areas ((from the entire list)) (a) through (h) of this subsection:

(a) Assessment/diagnosis.

(b) ((Career development counseling.)) Ethics/law.

(c) Counseling individuals.

(d) Counseling groups.

(e) Counseling couples and families.

(f) Developmental psychology (may be child, adolescent, adult or life span).

(g) ((Abnormal psychology/))Psychopathology/abnormal psychology.

(h) Research and evaluation.

(i) Career development counseling.

(j) Multicultural concerns.

(((j))) (k) Substance/chemical abuse.

(((k))) (l) Physiological psychology.

(((l))) (m) Organizational psychology.

(((m))) (n) Mental health consultation.

(((n))) (o) Developmentally disabled persons.

(((o))) (p) Abusive relationships.

(((p))) (q) Chronically mentally ill.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-521, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.19.120. 89-14-071 (Order PM 841), 308-210-050, filed 6/30/89. Statutory Authority: RCW 18.19.050. 88-11-025 (Order PM 730), 308-210-050, filed 5/11/88.]

NEW SECTION

WAC 246-810-532 Supervised postgraduate experience. (1) To meet the postgraduate practice requirements provided in RCW 18.19.120(1), an applicant must have accomplished a minimum of twenty-four months of postgraduate experience with an approved supervisor, who is responsible for the oversight of the supervisee's continuing practice of mental health counseling. Total experience requirements include:

(a) Two thousand hours of supervised work experience; at least one thousand of the total hours must be direct client contact; and

(b) One hundred hours of individual formal meetings.

(2) Applicant must provide proof of experience on forms provided by the department.

(3) Staff development or orientation, or work done in a classroom, workshop or seminar setting are not applicable toward the supervised postgraduate experience required by this chapter.

(4) A person who is a Certified Clinical Mental Health Counselor (CCMHC) through the National Board of Certified Counselors (NBCC) is considered to have met the postgraduate experience requirements of this chapter. Verification must be sent directly to the department from NBCC.

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NEW SECTION

WAC 246-810-534 Approved supervisor--Qualifications. (1) "Approved supervisor" (also referred to as "supervisor,") is defined as: A certified mental health counselor, certified marriage and family therapist, certified social worker, licensed psychologist, licensed psychiatrist; or a mental health provider who meets or exceeds the requirements of a certified mental health counselor in the state of Washington, and who would be eligible to take the examination required for certification. The supervisor must not be a blood or legal relative or cohabitant of the supervisee, supervisee's peer, or someone who has acted as the supervisee's therapist.

(2) The approved supervisor shall meet the following additional experience requirements:

(a) Must have completed at least three years of employment, or private practice, as a professional as defined above; and

(b) Must have at least one year's experience supervising the practice of mental health counseling, or the supervision of a practicum or internship.

(i) The one year of supervision may be acquired during the three years of employment or private practice.

(ii) A minimum of thirty clock hours of training in supervision may be substituted for the one year of supervision experience.

(3) A person who is an NBCC approved supervisor for CCMHC through NBCC is considered to have met the requirements described in subsections (1) and (2) of this section.

(4) Supervisors of applicants whose supervised postgraduate experience was acquired prior to January 1, 2000, need not meet the requirements of subsection (2) of this section.

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AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 WAC 246-810-540 Examination for certified mental health counselors. (1) A written((, multiple-choice)) certification examination on knowledge and application of mental health counseling ((will)) must be administered at least once a year. Application((s)) and application fee must be submitted at least ninety days prior to the scheduled examination date. All other supporting documents, including verification of supervised postgraduate experience, must be submitted sixty days prior to the examination date.

(2) Applicants who ((successfully complete)) take and pass the National Board of Certified Counselors (NBCC) national certification examination (NCE) or the National Clinical Mental Health Counselor Examination (NCMHCE) have met the examination requirement of RCW 18.19.120. Verification of successful completion and passage of the NBCC certification examination is to be provided directly to the department of ((licensing)) health by ((the)) NBCC at the request of the applicant for Washington state certified mental health counselor.

(3) ((Applicants who successfully complete and pass the National Academy of Certified Clinical Mental Health Counselors (NACCMHC) certification examination have met the examination requirement of RCW 18.19.120. Verification of successful completion and passage of the NACCMHC certification examination is to be provided directly to the department of licensing by the NACCMHC at the request of the applicant for Washington state certified mental health counselor.)) The passing score established by the testing company is the passing score accepted by the department of health.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-540, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.19.120. 89-14-071 (Order PM 841), 308-210-040, filed 6/30/89. Statutory Authority: RCW 18.19.050. 88-11-025 (Order PM 730), 308-210-040, filed 5/11/88.]

NEW SECTION

WAC 246-810-545 Examination appeal procedures. The candidate who fails the examination for mental health counselor certification may appeal the examination result by requesting a review of the failed examination.

(1) The candidate who wishes informal review of the national examination must:

(a) Request hand scoring from the department. The request must be in writing and postmarked within thirty days from the date of the letter notifying the candidate of the specific examination results. Upon request from the candidate, the department must provide examination-agency forms to the candidate. The candidate must fill out the form and forward with any required fee to the examination agency. Hand score results will be sent to the department. The department notifies the candidate of the results by letter.

(b) The candidate may request a review of the national examination within ninety days of the date of the examination, by submitting a written request to the department. The department will work with the examination agency to provide the candidate with the opportunity to review the exam in accordance with any review procedures required by the examination agency. The time and place for such review is determined by the department as required by any constraints from the examination agency.

(2) The candidate who is not satisfied with the informal review decision may request a formal hearing before a law judge as provided by the Administrative Procedure Act, chapter 34.05 RCW. Such request for formal hearing must be submitted in writing to the department and be postmarked within thirty days from the date on the written notification of the informal review decision. The issues raised by the candidate at the formal hearing must be limited to those issues raised by the candidate for consideration at the informal review, unless amended by a prehearing order. The department must inform the candidate of the formal appeal process in writing within twenty days of receipt of the request for formal appeal.

(3) If there is a prehearing conference, the law judge must enter an order which sets forth the actions taken at the conference, including the settlement or simplification of issues. The prehearing order limits the issues for formal hearing to those not disposed of by admission or agreement. Such order controls the subsequent course of the proceeding unless modified by subsequent prehearing order.

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NEW SECTION

WAC 246-810-548 Certification of persons credentialed out-of-state.Certification as a Washington state certified mental health counselor may be extended to persons credentialed in another jurisdiction.

(1) Applicants must have met the same education and experience as required by Washington state statute, chapter 18.19 RCW, and rules, chapter 246-810 WAC.

(2) Applicants who are a Nationally Certified Counselor (NCC) through the National Board of Certified Counselors (NBCC) have met the education requirements for Washington state certification. Applicants who are a Certified Clinical Mental Health Counselor (CCMHC) through the NBCC have met the education and experience requirements for Washington state certification.

(3) Examination. Applicant must have passed the National Board of Certified Counselors National Counselor Examination (NCE) or the National Clinical Mental Health Counselor Examination (NCMHCE). Verification must be provided directly from the jurisdiction in which the applicant took the required examination.

(4) The following situations are not considered substantially equal for Washington state certification:

(a) Certification of persons credentialed out-of-state through a state-constructed examination; or

(b) Grandfathering provisions where proof of education, supervised postgraduate experience, or examination was not required.

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CERTIFIED SOCIAL WORKERS

NEW SECTION

WAC 246-810-710 Definitions. The following terms apply to the certification of social workers.

(1) "Approved school" is an accredited graduate school of social work as provided in RCW 18.19.110, and means a program accredited by the council on social work education (CSWE).

(a) Canadian graduate schools of social work that are approved by the Canadian council of social work; and

(b) Foreign curriculums which meet the requirements of the foreign equivalency determining service of the council on social work education.

(2) "Approved supervisor" is an individual who is a certified social worker who meets the education and experience requirements described in WAC 246-810-734.

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AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 WAC 246-810-720 ((Accredited programs.)) Education requirements. ((Accredited graduate school of social work as provided in RCW 18.19.110, means a program accredited by the council of social work education. Program equivalency includes:

(1) Canadian graduate schools of social work that are approved by the Canadian council of social work; and

(2) Foreign curriculum which meets the requirements of the foreign equivalency determining service of the council on social work education.)) To meet the education requirement imposed by RCW 18.19.110, an applicant must possess a master's or doctoral degree from an approved school of social work as defined in WAC 246-810-710. An official transcript must be provided as evidence of fulfillment of the coursework required. Obtaining ((such)) equivalency approval of a foreign curriculum is the applicant's responsibility.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-720, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.19.050. 88-11-078 (Order PM 727), 308-230-010, filed 5/18/88.]

NEW SECTION

WAC 246-810-721 Education and experience equivalency. (1)(a) Anyone who has held Academy of Certified Social Workers (ACSW) status since prior to 1972 is considered to have met the education and postgraduate experience requirements to be eligible for Washington state certification examination.

(b) Persons who obtained ACSW status, during 1972 or later must provide verification of forty-five hours of master of social work supervision as provided in WAC 246-810-732 to be considered to have met the education and formal meetings requirements to be eligible for Washington state certification examination.

(c) Documentation of ACSW status must be sent directly to the department from the ACSW or any chapter office of the National Association of Social Workers (NASW).

(2)(a) Persons who obtained the Board Certified Diplomate in Clinical Social Work from the American Board of Examiners in Clinical Social Work (ABECSW) shall be considered to have met the education and postgraduate experience requirements to be eligible for Washington state certification examination.

(b) Documentation of ABECSW Board Certified Diplomate in Clinical Social Work must be sent directly to the department from the ABECSW.

(3)(a) Persons who obtained the Diplomate in Clinical Social Work (DCSW) or Qualified Clinical Social Work (QCSW) from the National Association of Social Workers (NASW) shall be considered to have met the education and postgraduate experience requirements to be eligible for Washington state certification examination.

(b) Documentation of DCSW or QCSW must be sent directly to the department from NASW.

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NEW SECTION

WAC 246-810-732 Supervised postgraduate experience. (1) To meet the post-master's practice requirements provided in RCW 18.19.110(1), an applicant must have accomplished a minimum of twenty-four months of postgraduate experience with an approved supervisor, who is responsible for the oversight of the supervisee's continuing practice of social work. Total experience requirements include:

(a) Three thousand hours of social work experience under the supervision of an approved supervisor.

(b) Within the total experience hours, ninety hours of formal meetings with the supervisor to discuss social work practice related issues.

(i) At least forty-five of the ninety hours, must be under the supervision of a person who is either a Washington state certified social worker, ACSW or a person who has received a master's or doctoral degree in social work from an approved school and who can demonstrate qualifications equal to those required for Washington state social worker certification.

(ii) The remaining forty-five hours may be under the supervision of an approved supervisor.

(2) Applicant must provide proof of experience on forms provided by the department.

(3) Staff development or orientation, or work done in a classroom, workshop or seminar setting are not applicable toward the supervised postgraduate experience required by this chapter.

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NEW SECTION

WAC 246-810-734 Approved supervisor--Qualifications. (1) "Approved supervisor" (also referred to as "supervisor,") is defined as: A certified social worker, certified mental health counselor, or certified marriage and family therapist, licensed psychologist, licensed psychiatrist; or a mental health provider who meets or exceeds the requirements of a certified social worker in the state of Washington; and who would be eligible to take the examination required for certification. The supervisor must not be a blood or legal relative or cohabitant of the supervisee, supervisee's peer, or someone who has acted as the supervisee's therapist.

(2) The approved supervisor shall meet the following additional experience requirements:

(a) Must have completed at least three years of employment, or private practice, as a professional as defined above; and

(b) Must have at least one year's experience supervising the practice of social work, or the supervision of a practicum or internship.

(i) The one year of supervision may be acquired during the three years of employment or private practice.

(ii) A minimum of thirty clock hours of training in supervision may be substituted for the one year of supervision experience.

(3) An ACSW approved supervisor is considered to have met the requirements of subsections (1) and (2) of this section.

(4) Supervisors of applicants whose supervised postgraduate experience was acquired prior to January 1, 2000, need not meet the requirements of subsection (2) of this section.

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AMENDATORY SECTION (Amending Order 121, filed 12/27/90, effective 1/31/91 WAC 246-810-740 Examination required. (1) Either the American Association of State Social Work Board's ((level C)) advanced or clinical examination is approved for use as the state examination for certification of social workers.

(2) The passing score established by the testing company is the passing score accepted by the department of health.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-810-740, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.19.050. 88-11-078 (Order PM 727), 308-230-020, filed 5/18/88.]

NEW SECTION

WAC 246-810-745 Examination appeal procedures. The candidate who fails the examination for social worker certification may appeal the examination result by requesting a review of the failed examination.

(1) The candidate who wishes informal review of the national examination must:

(a) Request hand scoring from the department. The request must be in writing and postmarked within thirty days from the date of the letter notifying the candidate of the specific examination results. Upon request from the candidate, the department must provide examination-agency forms to the candidate. The candidate must fill out the form and forward with any required fee to the examination agency. Hand score results will be sent to the department. The department notifies the candidate of the results by letter.

(b) The candidate may request a review of the national examination within ninety days of the date of the examination, by submitting a written request to the department. The department will work with the examination agency to provide the candidate with the opportunity to review the exam in accordance with any review procedures required by the examination agency. The time and place for such review is determined by the department as required by any constraints from the examination agency.

(2) The candidate who is not satisfied with the informal review decision may request a formal hearing before a law judge as provided by the Administrative Procedure Act, chapter 34.05 RCW. Such request for formal hearing must be submitted in writing to the department and be postmarked within thirty days from the date on the written notification of the informal review decision. The issues raised by the candidate at the formal hearing must be limited to those issues raised by the candidate for consideration at the informal review, unless amended by a prehearing order. The department must inform the candidate of the formal appeal process in writing within twenty days of receipt of the request for formal appeal.

(3) If there is a prehearing conference, the law judge must enter an order which sets forth the actions taken at the conference, including the settlement or simplification of issues. The prehearing order limits the issues for formal hearing to those not disposed of by admission or agreement. Such order controls the subsequent course of the proceeding unless modified by subsequent prehearing order.

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NEW SECTION

WAC 246-810-748 Certification of persons credentialed out-of-state.Certification as a Washington state certified social worker may be extended to persons credentialed in another jurisdiction.

(1) Applicants must have met the same education and experience as required by Washington state statute, chapter 18.19 RCW, and rules, chapter 246-810 WAC.

(2) Applicants who currently hold ACSW, ABECSW or NASW status, as stipulated in WAC 246-810-721, may have met the education and/or experience requirements for Washington state certification.

(3) Examination. Applicant must have passed the American Association of State Social Work Board's Advanced or Clinical examination. Verification must be provided directly from the jurisdiction in which the applicant took the required examination.

(4) The following situations are not considered substantially equal to Washington state certification:

(a) Certification of persons credentialed out-of-state through a state-constructed examination; or

(b) Grandfathering provisions where proof of education, supervised experience, or examination was not required.

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REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 246-810-050 General provisions.

WAC 246-810-330 Supervision.

WAC 246-810-331 Supervisor qualifications.

WAC 246-810-350 General provisions.

WAC 246-810-360 Mandatory reporting.

WAC 246-810-361 Health care institutions.

WAC 246-810-362 Marriage and family therapist associations or societies.

WAC 246-810-363 Health care service contractors and disability insurance carriers.

WAC 246-810-364 Professional liability carriers.

WAC 246-810-365 Courts.

WAC 246-810-366 State and federal agencies.

WAC 246-810-370 Cooperation with investigation.

WAC 246-810-380 AIDS prevention and information education requirements.

WAC 246-810-530 Mental health counselors--Professional experience requirement prior to examination for certification.

WAC 246-810-541 Applicants with graduate degree by January 26, 1989.

WAC 246-810-542 Examination waiver eligibility.

WAC 246-810-550 General provisions.

WAC 246-810-560 Mandatory reporting.

WAC 246-810-561 Health care institutions.

WAC 246-810-562 Mental health counselor associations or societies.

WAC 246-810-563 Health care service contractors and disability insurance carriers.

WAC 246-810-564 Professional liability carriers.

WAC 246-810-565 Courts.

WAC 246-810-566 State and federal agencies.

WAC 246-810-570 Cooperation with investigation.

WAC 246-810-580 AIDS prevention and information education requirements.

WAC 246-810-730 Supervision requirements.

WAC 246-810-731 Education and supervision equivalency.

WAC 246-810-741 Certification of persons credentialed out-of-state.

WAC 246-810-750 General provisions.

WAC 246-810-760 Mandatory reporting.

WAC 246-810-761 Health care institutions.

WAC 246-810-762 Social worker associations or societies.

WAC 246-810-763 Health care service contractors and disability insurance carriers.

WAC 246-810-764 Professional liability carriers.

WAC 246-810-765 Courts.

WAC 246-810-766 State and federal agencies.

WAC 246-810-770 Cooperation with investigation.

WAC 246-810-780 AIDS prevention and information education requirements.

AMENDATORY SECTION (Amending WSR 96-08-069, filed 4/3/96, effective 5/4/96)

WAC 246-810-990 Fees. The following fees shall be charged by the ((professional licensing services)) health professions quality assurance division of the department of health:

Title Fee

Registered counselor:

Application and registration $ 40.00

Renewal 37.00

Late renewal penalty 37.00

Duplicate registration 15.00

((Certification/)) Verification 15.00

Registered hypnotherapist:

Application and registration 95.00

Renewal 130.00

Late renewal penalty 65.00

Duplicate registration 15.00

((Certification/)) Verification 15.00

Certified marriage and family therapist:

Application 100.00

Initial certification 125.00

((Written)) Examination administration ((250.00))

50.00

((Retake examination--Written 250.00))

Renewal 200.00

Late renewal penalty 100.00

Duplicate certification 15.00

((Certification/)) Verification 15.00

Wall certificate 15.00

Certified mental health counselor:

Application 75.00

Initial certification 60.00

Renewal 65.00

Late renewal penalty 50.00

Duplicate certification 15.00

((Certification/)) Verification 15.00

Wall certificate 15.00

Certified social worker:

Application 50.00

Initial certification 50.00

Renewal 65.00

Late renewal penalty 50.00

Duplicate certification 15.00

((Certification/)) Verification 15.00

Wall certificate 15.00