WSR 10-09-087

EXPEDITED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed April 20, 2010, 2:39 p.m. ]

Title of Rule and Other Identifying Information: WAC 296-31-030 What are the eligibility requirements of a mental health treatment provider under the Crime Victims Act?

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Naomi Goodman, Rules Coordinator, Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4001 , AND RECEIVED BY June 22, 2010.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department of labor and industries' WAC 296-31-030 (2) and (3) refer to the "registered" counselor profession. The purpose of this rule making is to remove the "registered" counselor from the list of professions eligible to treat under the Crime Victims Act.

2SHB 2674 (chapter 135, Laws of 2008) required the department of health to eliminate the "registered" counselor credential as a licensed profession by July 1, 2010. The registered counselor profession was divided into eight new categories of fully credentialed and precredential status health professionals.

The department of health stopped issuing licenses for registered counselors on July 1, 2009. By amending WAC 296-31-030, the department of labor and industries' crime victims compensation program will ensure consistency with the licensing requirements of the department of health.

Reasons Supporting Proposal: To be consistent with the department of health and in compliance with chapter 135, Laws of 2008.

Statutory Authority for Adoption: RCW 7.68.030.

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

Name of Proponent: Department of labor and industries, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Janice M. Deal, Tumwater, Washington, (360) 902-5369.

April 20, 2010

Judy Schurke

Director

OTS-2989.1


AMENDATORY SECTION(Amending WSR 01-22-105, filed 11/7/01, effective 12/8/01)

WAC 296-31-030   What are the eligibility requirements of a mental health treatment provider under the Crime Victims Act?   (1) Mental health providers must qualify as an approved provider and register with the crime victims compensation program before they are authorized to provide treatment and receive payment in accordance with these rules.

(2) The following providers who are permanently licensed ((or registered)) in Washington are eligible to register with this program:

(a) Psychiatrists;

(b) Psychologists;

(c) Advanced registered nurse practitioners with a specialty in psychiatric and mental health nursing;

(d) Ph.D.s not licensed as psychologists and master level counselors whose degree is in a field of study related to mental health services including, but not limited to, social work, marriage and family therapy or mental health counseling.

(3) Out-of-state providers must be currently licensed, ((registered and/))or certified within the state in which they practice. Washington requires mental health counselors to have a masters degree to treat Washington crime victim clients.


EXCEPTION: In areas where the department has determined licensed, ((registered and/))or certified providers are not available, the department may consider registration exceptions on an individual basis.

[Statutory Authority: RCW 7.68.030. 01-22-105, 296-31-030, filed 11/7/01, effective 12/8/01. Statutory Authority: RCW 7.68.030, 7.68.080. 00-03-056, 296-31-030, filed 1/14/00, effective 2/14/00. Statutory Authority: RCW 7.68.030, 51.04.020(1) and 51.04.030. 95-15-004, 296-31-030, filed 7/5/95, effective 8/5/95. Statutory Authority: RCW 43.22.050. 92-23-033, 296-31-030, filed 11/13/92, effective 12/14/92.]

Washington State Code Reviser's Office