Counseling Washington State
WAC 246-810

 
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Washington Administrative Code 246-810:
The Regulations Governing the Practice of Counseling in Washington State by Agency Affiliated Counselors, Certified Counselors, Certified Advisors, or Hypnotherapists.

Chapter 246-810 WAC:  Index of Regulations

COUNSELORS
246-810-010	Definitions.
246-810-011	Exempt activities and individuals.
246-810-012	Application process.
246-810-013	State agency employee credentialing requirements.
AGENCY AFFILIATED COUNSELORS
246-810-015	Agency affiliated counselor: Scope of practice and credentialing requirements.
246-810-016	Agencies or facilities that can employ agency affiliated counselors.
246-810-017	Process to become a recognized agency or facility.
246-810-018	An agency affiliated counselor must report an employment change.
CERTIFIED COUNSELORS, CERTIFIED ADVISERS, AND HYPNOTHERAPISTS
246-810-0201	Practice scope and limits for certified counselors.
246-810-021	Practice scope and limits for certified advisers.
246-810-0221	Qualifications to become a certified counselor.
246-810-023	Qualifications to become a certified adviser.
246-810-024	Counseling-related degrees that meet the requirements for certified counselor and certified adviser.
246-810-025	Supervision and consultation requirements for certified counselors and supervision requirements for certified advisers.
246-810-026	Qualifications to be a certified counselor supervisor, certified adviser supervisor, or a certified counselor consultant.
246-810-027	Continuing education for a certified counselor or certified adviser.
246-810-029	Acceptable continuing education courses for certified counselor and certified adviser.
246-810-0293	Recognized institutions of higher learning, or local, state, national, or international organizations.
246-810-0295	Continuing education credit for preparing and presenting a lecture or course.
246-810-0297	Continuing education documentation for certified counselor or certified adviser.
246-810-030	Client disclosure information.
246-810-031	Disclosure statement to be provided to clients by certified counselors and certified advisers.
246-810-032	Failure to provide client disclosure information.
246-810-035	Record requirements.
246-810-040	Requirements to report suspected abuse or neglect of a child or vulnerable adult.
246-810-045	Requirements for client fees paid in advance.
246-810-049	Sexual misconduct regulations.
246-810-060	Mandatory reporting.
246-810-061	Health care institutions.
246-810-062	Counselor associations or societies.
246-810-063	Health care service contractors and disability insurance carriers.
246-810-064	Professional liability carriers.
246-810-065	Courts.
246-810-066	State and federal agencies.
246-810-080	What are the requirements for AIDS prevention and information education?
ADDITIONAL PROVISIONS APPLICABLE ONLY TO REGISTERED COUNSELORS
246-810-089	Transitional dates for a registered counselor credential.
FEES
246-810-990	Counselors fees and renewal cycle.

Chapter 246-810 WAC

246-810-010  Definitions.   The definitions in this section apply throughout this chapter unless the content clearly requires otherwise.

     (1) "Agency" means an agency or facility operated, licensed, or certified by the state of Washington to provide a specific counseling service or services.

     (2) "Agency affiliated counselor" means a person registered under chapter 18.19 RCW, and this chapter, who is engaged in counseling and employed by an agency listed in WAC 246-810-016 or an agency recognized under WAC 246-810-017 to provide a specific counseling service or services.

     (3) "Certified adviser" means a person certified under chapter 18.19 RCW, and this chapter, who is engaged in private practice counseling to the extent authorized in WAC 246-810-021.

     (4) "Certified counselor" means a person certified under chapter 18.19 RCW, and this chapter, who is engaged in private practice counseling to the extent authorized in WAC 246-810-0201.

     (5) "Client" means an individual who receives or participates in counseling or group counseling.

     (6) "Consultation" means the professional assistance and practice guidance that a certified counselor receives from a counseling-related professional credentialed under chapter 18.130 RCW. This may include:

     (a) Helping the certified counselor focus on counseling practice objectives;

     (b) Refining counseling modalities;

     (c) Providing support to progress in difficult or sensitive cases;

     (d) Expanding the available decision-making resources; and

     (e) Assisting in discovering alternative approaches.

     (7) "Counseling" means employing any therapeutic techniques including, but not limited to, social work, mental health counseling, marriage and family therapy, and hypnotherapy, for a fee that offer, assist, or attempt to assist, an individual or individuals in the amelioration or adjustment of mental, emotional, or behavioral problems, and includes therapeutic techniques to achieve sensitivity and awareness of self and others and the development of human potential. For the purpose of this chapter, nothing may be construed to imply that the practice of hypnotherapy is necessarily limited to counseling.

     (8) "Counselor" means an individual who engages in the practice of counseling to the public for a fee, including for the purposes of this chapter, agency affiliated counselors, certified counselors, certified advisers, hypnotherapists, and until July 1, 2010, registered counselors.

     (9) "Department" means the Washington state department of health.

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

     (11) "Hypnotherapist" means a person registered under chapter 18.19 RCW, and this chapter, who is practicing hypnosis as a modality.

     (12) "Licensed healthcare practitioner" means a licensed practitioner under the following chapters:

     (a) Physician licensed under chapter 18.71 RCW.

     (b) Osteopathic physician licensed under chapter 18.57 RCW.

     (c) Psychiatric registered nurse practitioner licensed under chapter 18.79 RCW.

     (d) Naturopathic physician licensed under chapter 18.36A RCW.

     (e) Psychologist licensed under chapter 18.83 RCW.

     (f) Independent clinical social worker, marriage and family therapist, or advanced social worker licensed under chapter 18.225 RCW.

     (13) "Private practice counseling" means the practice of counseling by a certified counselor or certified adviser as specified in WAC 246-810-0201 or 246-810-021.

     (14) "Psychotherapy" means the practice of counseling using diagnosis of mental disorders according to the fourth edition of the Diagnostic and Statistical Manual of Mental Disorders, and the development of treatment plans for counseling based on diagnosis of mental disorders in accordance with established practice standards.

     (15) "Recognized" means acknowledged or formally accepted by the secretary.

     (16) "Recognized agency or facility" means an agency or facility that has requested and been recognized under WAC 246-810-017 to employ agency affiliated counselors to perform a specific counseling service, or services for those purposes only.

     (17) "Secretary" means the secretary of the department of health or the secretary's designee.

     (18) "Supervision" means the oversight that a counseling-related professional credentialed under chapter 18.130 RCW provides.

     (19) "Unprofessional conduct" means the conduct described in RCW 18.130.180.

  246-810-011  Exempt activities and individuals.   This chapter does not prevent or restrict:

     (1) The practice of a profession by a person who is either registered, certified, licensed, or similarly regulated under the laws of this state and who is performing services within the person's authorized scope of practice, including any attorney admitted to practice law in this state when providing counseling incidental to and in the course of providing legal counsel;

     (2) The practice of counseling by an employee or trainee of any federal agency, or the practice of counseling by a student of a college or university, if the employee, trainee, or student is practicing solely under the supervision of and accountable to the agency, college, or university, through which he or she performs such functions as part of his or her position for no additional fee other than ordinary compensation;

     (3) The practice of counseling by a person for no compensation;

     (4) The practice of counseling by persons offering services for public and private nonprofit organizations or charities not primarily engaged in counseling for a fee when approved by the organizations or agencies for whom they render their services;

     (5) Evaluation, consultation, planning, policymaking, research, or related services conducted by social scientists for private corporations or public agencies;

     (6) The practice of counseling by a person under the auspices of a religious denomination, church, or organization, or the practice of religion itself;

     (7) The practice of counseling by peer counselors who use their own experience to encourage and support people with similar conditions or activities related to the training of peer counselors; and

     (8) Counselors who reside outside Washington state from providing up to ten days per quarter of training or workshops in the state, as long as they do not hold themselves out to be registered or certified in Washington state.

  246-810-012  Application process.   (1) Applicants for agency affiliated counselor, certified counselor, certified adviser, or hypnotherapist must apply on forms established by the secretary.

     (2) The application for agency affiliated counselor, certified counselor, or certified adviser, must include a description of the applicant's orientation, discipline, theory, or technique.

     (3) The secretary may require additional documentation to determine whether an applicant meets the qualifications for the credential and if there are any grounds for denial of the credential.

     (4) Each applicant must pay the applicable fee as identified in WAC 246-810-990.

  246-810-013  State agency employee credentialing requirements.   (1) Until July 1, 2010, an employee of a state agency who is practicing counseling, as part of his or her position, must be credentialed as a registered counselor or an agency affiliated counselor unless they are exempt under WAC 246-810-011.

     (2) On and after July 1, 2010, an employee of a state agency, practice counseling, as part of his or her position, must be credentialed as an agency affiliated counselor unless they are exempt under WAC 246-810-011.

     (3) A person may not, for a fee or as a part of his or her position as an employee of a state agency, practice hypnotherapy without being registered to practice as a hypnotherapist unless they are exempt under WAC 246-810-011.

  246-810-015  Agency affiliated counselor: Scope of practice and credentialing requirements.   (1) An agency affiliated counselor may only provide counseling services as part of his or her employment as an agency affiliated counselor for a recognized agency.

     (2) An applicant for an agency affiliated counselor must be employed by, or have an offer of employment from, an agency or facility identified in WAC 246-810-016.

  246-810-016  Agencies or facilities that can employ agency affiliated counselors.   Agencies or facilities that may employ an agency affiliated counselor are:

     (1) Washington state departments and agencies listed in the Agency, Commission & Organization Directory available on the state of Washington web site.

     (2) Community and technical colleges governed by the Washington state board for community and technical colleges.

     (3) Colleges and universities governed by the Washington state higher education coordinating board.

     (4) Hospitals licensed under chapter 70.41 RCW.

     (5) Home health care agencies, home care agencies, and hospice care agencies licensed under chapter 70.127 RCW.

     (6) Agencies and facilities licensed or certified under chapters 71.05 or 71.24 RCW.

     (7) Psychiatric hospitals, residential treatment facilities, hospitals, and alcohol and chemical dependency entities licensed under chapter 71.12 RCW.

     (8) Other agencies or facilities recognized by the secretary as provided in WAC 246-810-017.

  246-810-017  Process to become a recognized agency or facility.   (1) To become a recognized agency or facility, an agency or facility must demonstrate to the satisfaction of the secretary that it is operated, licensed, or certified by the state of Washington to provide specific counseling services.

     (2) When reviewing requests for recognition, the secretary may:

     (a) Require forms and documentation;

     (b) Consult with other state agencies and entities.

     (3) In determining whether or not to recognize the agency or facility, the secretary may consider multiple criteria, including, but not limited to:

     (a) Counseling quality assurance standards and requirements that are applicable to the agency or facility;

     (b) Protections for ensuring patient safety in the delivery of supervised counseling services by counselors employed by the agency or facility; and

     (c) Mechanisms for receiving and reporting complaints regarding counselors, investigating counselor conduct and practices, and taking corrective and disciplinary actions against counselors.

     (4) The department will maintain a list of recognized agencies and facilities that may employ agency affiliated counselors to perform a specific counseling service or services under this section.

     (5) Recognized agencies or facilities that cease to be operated, licensed, or certified by the state of Washington will no longer be recognized and will be removed from the list of recognized agencies.

  246-810-018  An agency affiliated counselor must report an employment change.   Agency affiliated counselors must notify the department within thirty calendar days if they are no longer employed by the agency identified on their application, are now employed with another agency, or both. Agency affiliated counselors may not practice counseling unless they are employed by an agency.

  246-810-0201  Practice scope and limits for certified counselors.   The scope of practice of certified counselors consists exclusively of the following:

     (1) Appropriate screening of the client's level of functional impairment using the global assessment of functioning as described in the fourth edition of the Diagnostic and Statistical Manual of Mental Disorders. Recognition of a mental or physical disorder or a global assessment of functioning score of sixty or less requires that the certified counselor refer the client for diagnosis and treatment to a licensed healthcare practitioner.

     (2) If the client has a global assessment of functioning score greater than sixty, a certified counselor may counsel and guide the client in adjusting to life situations, developing new skills, and making desired changes, in accordance with the theories and techniques of a specific counseling method and established practice standards.

     (3) If the client has a global assessment of functioning score of sixty or less, a certified counselor may counsel and guide the client in adjusting to life situations, developing new skills, and making desired changes, in accordance with the theories and techniques of a specific counseling method and established practice standards if:

     (a) The client has been referred to the certified counselor by a licensed healthcare practitioner and care is provided as part of a plan of treatment developed by the referring practitioner who is actively treating the client. The certified counselor must adhere to any conditions related to the certified counselor's role as specified in the plan of care; or

     (b) The certified counselor referred the client for diagnosis and treatment from a licensed healthcare practitioner and the client refused, in writing, to seek diagnosis and treatment from the other provider. The certified counselor may provide services to the client consistent with a treatment plan developed by the certified counselor and the consultant or supervisor with whom the certified counselor has a written consultation or supervisory agreement.

     (4) A certified counselor must not be the sole treatment provider for a client with a global assessment of functioning score of less than fifty.

  246-810-021  Practice scope and limits for certified advisers.   The scope of practice of certified advisers consists exclusively of the following:

     (1) Appropriate screening of the client's level of functional impairment using the global assessment of functioning as described in the fourth edition of the Diagnostic and Statistical Manual of Mental Disorders. Recognition of a mental or physical disorder or a global assessment of functioning score of sixty or less requires that the certified adviser refer the client to a licensed healthcare practitioner.

     (2) If the client has a global assessment of functioning score greater than sixty, a certified adviser may counsel and guide the client in adjusting to life situations, developing new skills, and making desired changes, in accordance with the theories and techniques of a specific counseling method and established practice standards.

  246-810-0221  Qualifications to become a certified counselor.   (1) Until July 1, 2010, an applicant for certified counselor who has been a registered counselor for a minimum of five years must:

     (a) Hold a valid, active registration that is in good standing or be in compliance with any disciplinary process and orders;

     (b) Show evidence of having completed at least six clock hours of course work that included risk assessment, ethics, appropriate screening using the global assessment of functioning scale, client referral, and Washington state law;

     (c) Pass an examination in risk assessment, ethics, appropriate screening using the global assessment of functioning scale, client referral, and Washington state law; and

     (d) Have a written consultation agreement which meets the requirements in WAC 246-810-025 with a credential holder who meets the qualifications to be a consultant in WAC 246-810-026.

     (2) Unless eligible for certification under subsection (1)(a) of this section, applicants for a certified counselor must:

     (a) Have a bachelor's degree in a counseling-related field, as defined in WAC 246-810-024;

     (b) Pass an examination in risk assessment, ethics, and appropriate screening using the global assessment of functioning scale, client referral, and Washington state law; and

     (c) Have a written supervisory agreement which meets the requirements in WAC 246-810-025 with a credential holder who meets the qualifications to be a supervisor in WAC 246-810-026.

  246-810-023  Qualifications to become a certified adviser.   Applicants for certified adviser must:

     (1) Have an associate degree which included a supervised internship in a counseling-related field as defined in WAC 246-810-024;

     (2) Pass an examination in risk assessment, ethics, and appropriate screening using the global assessment of functioning scale, client referral, and Washington state law; and

     (3) Have a written supervisory agreement which meets the requirements in WAC 246-810-025 with a credential holder who meets the qualifications to be a supervisor in WAC 246-810-026.

  246-810-024  Counseling-related degrees that meet the requirements for certified counselor and certified adviser.   (1) A counseling-related bachelor's degree must be from a recognized educational program or institution. The degree must have required the equivalent of at least four years of full-time study and at least one third of the courses must have included one or more of subjects listed in subsection (4) of this section.

     (2) A counseling-related associate degree must be from a recognized educational program or institution. The degree must have the equivalent of at least two years of full-time study and a supervised internship. At least one fourth of the required courses must have included one or more of the subjects listed in subsection (4) of this section.

     (3) An advanced or graduate degree from a recognized educational program or institution in any of the subject areas listed in subsection (4) of this section will meet the education requirements for certified counselor or certified adviser.

     (4) Counseling-related subjects:

     (a) Addiction counseling;

     (b) Adolescent and child counseling;

     (c) Anger management counseling;

     (d) Applied behavioral science;

     (e) Behavior management or behavior modification;

     (f) Biofeedback;

     (g) Child development;

     (h) Clinical social work;

     (i) Community mental health;

     (j) Counseling persons with developmental or intellectual disabilities;

     (k) Counseling ethics;

     (l) Developmental psychology;

     (m) Domestic violence counseling;

     (n) Elder counseling;

     (o) Grief counseling;

     (p) Human development;

     (q) Human services counseling;

     (r) Learning disabilities counseling;

     (s) Marriage and family counseling;

     (t) Mental health counseling;

     (u) Ministerial or pastoral counseling;

     (v) Multicultural counseling;

     (w) Organizational psychology;

     (x) Personality theory;

     (y) Physiological psychology;

     (z) Psychiatry and psychiatric nursing;

     (aa) Psychological measurement and research;

     (bb) Psychology;

     (cc) Psychopathology and abnormal psychology;

     (dd) Sexual disorder counseling;

     (ee) Social work;

     (ff) Special education;

     (gg) Stress disorder counseling;

     (hh) Substance and chemical abuse counseling; and

     (ii) Transpersonal psychology.

     (5) The secretary may accept other equivalent counseling-related education or training programs in the subjects listed in subsection (4) of this section.

  246-810-025  Supervision and consultation requirements for certified counselors and supervision requirements for certified advisers.   (1) Supervision. Certified counselors who do not meet the requirements in WAC 246-810-0221(1) and certified advisers must meet the following supervision requirements:

     (a) Written agreement. A written agreement between a qualified supervisor and the certified counselor or certified adviser is required and must be reviewed and renewed at least every two years. The agreement must address:

     (i) The agreement duration;

     (ii) Expectations of both parties;

     (iii) Frequency and modalities of supervision;

     (iv) Recordkeeping;

     (v) Financial arrangements;

     (vi) Client confidentiality; and

     (vii) Potential conflict of interest.

     (b) Frequency of supervision.

     (i) During the first five years of practice, a minimum of two hours of supervision is required in any calendar month in which the certified counselor or certified adviser has had forty or more client contact hours.

     (ii) After five years of practice, a minimum of one hour of supervision is required in any calendar month in which the certified counselor or certified adviser has forty or more client contact hours.

     (iii) A minimum of two hours of supervision is required in any calendar quarter, regardless of the years in practice or number of client contact hours.

     (iv) Up to half of the required supervision time may be supervision of practice in a group setting.

     (c) Recordkeeping. A written record of supervision hours and topics must be maintained by both the supervisor and the certified counselor or certified adviser.

     (2) Consultation. Certified counselors who meet the requirements of WAC 246-810-0221(1), must meet the following consultation requirements:

     (a) Written agreement. A written agreement between a consultant who meets the requirements in WAC 246-810-026 and the certified counselor is required, and must be reviewed and renewed at least every two years. The agreement must address:

     (i) The agreement duration;

     (ii) Expectations of both parties;

     (iii) Frequency and modalities of consultation;

     (iv) Recordkeeping;

     (v) Financial arrangements;

     (vi) Client confidentiality; and

     (vii) Potential conflict of interest.

     (b) Frequency. The certified counselor will determine the consultation he or she needs. However, a minimum of one hour of consultation is required during any calendar quarter in which the certified counselor has forty or more client contact hours.

     (c) Recordkeeping. A written record of consultation hours and topics must be maintained by the consultant and the certified counselor.

  246-810-026  Qualifications to be a certified counselor supervisor, certified adviser supervisor, or a certified counselor consultant.   The following qualifications are required to be a certified counselor supervisor, certified adviser supervisor, or a certified counselor consultant.

     (1) The supervisor or consultant must have held a Washington state credential in counseling-related fields for a minimum of five years. All credentials held by the supervisor or consultant must be in good standing. At least one credential must be active.

     (2) For purposes of this section, counseling-related fields means a credential issued under chapter 18.130 RCW for:

     (a) Certified counselor;

     (b) Hypnotherapist;

     (c) Mental health counselor;

     (d) Marriage and family therapist;

     (e) Independent clinical social work;

     (f) Advanced social work;

     (g) Psychologist;

     (h) Chemical dependency professional;

     (i) Sex offender treatment provider;

     (j) Sex offender treatment provider affiliate;

     (k) Medical physician;

     (l) Osteopathic physician;

     (m) Advanced registered nurse practitioner;

     (n) Naturopathic physician; and

     (o) Until July 1, 2010, registered counselor.

     Additional credentials may be accepted by the secretary as counseling-related.

     (3) The supervisor or consultant may not be a blood or legal relative or cohabitant of the credential holder, or someone who has acted as the credential holder's counselor within the past two years. A supervisor or consultant may not have a reciprocal supervisory or consultant arrangement with another credential holder.

     (4) Prior to the commencement of any supervision or consultation, the supervisor or consultant must provide the certified counselor or certified adviser with a declaration on a form provided by the department.

     (5) The supervisor must have completed education and training in:

     (a) Supervision or management of individuals who provide counseling or mental health services;

     (b) Risk assessment;

     (c) Screening using the global assessment of functioning scale;

     (d) Professional ethics; and

     (e) Washington state law.

     (6) The consultant must have completed education and training in:

     (a) Risk assessment;

     (b) Screening using the global assessment of functioning scale;

     (c) Professional ethics; and

     (d) Washington state law.

  246-810-027  Continuing education for a certified counselor or certified adviser.   (1) Certified counselors or certified advisers must complete thirty-six credit hours of continuing education every two years as required by chapter 246-12 WAC, Part 7.

     (2) At least six of the thirty-six credit hours must be in law and professional ethics related to counseling.

     (3) For those first credentialed in 2009, the first date to report the required continuing education begins with a credential holder's renewal date in 2011.

  246-810-029  Acceptable continuing education courses for certified counselor and certified adviser.   (1) A continuing education program or course must be relevant to counseling and must contribute to the advancement, extension and enhancement of the professional competence of the credential holder. Relevant courses include those that are related to counseling theory and practice, modality(ies) of the counseling services the credential holder will provide, professional ethics, courses related to risk assessment, screening using the global assessment of functioning scale, referral of clients, and Washington state law applicable to counseling.

     (2) Continuing education courses, seminars, workshops, training programs, and institutes must have a featured instructor, speaker(s), or panel approved by an industry-recognized institution of higher learning, or a local, state, national, or international organization.

     (3) Distance learning programs approved by an industry-recognized local, state, national or international organization or educational organization may meet these requirements. The programs must require a test of comprehension upon completion. Distance learning programs are limited to twelve hours per reporting period.

     (4) Other learning experiences, such as serving on a panel, board or council, community service, research, peer consultation, or publishing articles for professional publications are acceptable if the experience contributes to the advancement, extension, and enhancement of the professional competence of the certified counselor or certified adviser. The experience is limited to six hours per reporting period.

  246-810-0293  Recognized institutions of higher learning, or local, state, national, or international organizations.   The recognized institutions of higher learning, or local, state, national, or international organizations that qualify to provide continuing education for certified counselor and certified adviser include:

     (1) Washington Association for Marriage and Family Therapy;

     (2) Washington State Society for Clinical Social Work;

     (3) Washington Chapter of the National Association of Social Work;

     (4) American Mental Health Counselors Association;

     (5) American Association for Marriage and Family Therapy;

     (6) Clinical Social Work Association;

     (7) National Association of Social Workers;

     (8) Washington Mental Health Counselors Association;

     (9) National Board for Certified Counselors;

     (10) Association for Humanistic Psychology;

     (11) The Association for Integrative Psychology;

     (12) Society for Social Work Leadership in Health Care;

     (13) Institutions of higher learning that are accredited by a national or regional accrediting body recognized by the Commission on Recognition of Postsecondary Accreditation;

     (14) Washington Professional Counselor Association;

     (15) State Association and National Association for the Treatment of Sexual Abusers;

     (16) National Association of Alcohol and Drug Addiction Counselors; and

     (17) Other organizations recognized by the secretary and included on a list maintained by the department.

  246-810-0295  Continuing education credit for preparing and presenting a lecture or course.   A certified counselor or certified adviser who prepares and presents lectures or education that contributes to the professional competence of other counselors or mental health providers may accumulate the same number of hours obtained for continuing education purposes by attendees. The hours for presenting a lecture or education on a specific topic may only be used for continuing education credit once during each reporting period.

  246-810-0297  Continuing education documentation for certified counselor or certified adviser.   (1) Acceptable continuing education documentation for certified counselor or certified adviser includes transcripts, signed letters from course instructors, certificate of completion, or other formal certification, as required in chapter 246-12 WAC, Part 7.

     (2) The credential holder must provide documentation which demonstrates fulfillment of continuing education requirements if requested by the secretary.
 

246-810-030  Client disclosure information.   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 having more than one counselor 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 may be printed in a format of the counselor's choosing, but must include all required disclosure information per WAC 246-810-031.

  246-810-031  Disclosure statement to be provided to clients by certified counselors and certified advisers.   (1) Certified counselors and certified advisers must provide a disclosure statement to each client prior to starting a program of treatment.

     (2) The following must appear in the disclosure statement:

     (a) The name of the certified counselor or certified adviser and the name of their firm, agency, or business, if any.

     (b) The certified counselor's or certified adviser's business address and telephone number.

     (c) The certified counselor's or certified adviser's Washington state credential number.

     (d) The certified counselor's or certified adviser's education, training, and experience.

     (e) The name and description of the types of counseling provided by the certified counselor or certified adviser, including the therapeutic orientation, methods, and techniques employed in their practice, and a list of resources relevant to the therapeutic orientation.

     (f) The type and duration of counseling expected, if known at the time of providing the disclosure information.

     (g) Fee information, including:

     (i) The cost for each counseling session;

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

     (iii) A statement that clients are not liable for any fees or charges for services rendered prior to receipt of the disclosure statement.

     (h) The limits of confidentiality under RCW 18.19.180.

     (i) Disclosure of the certified counselor's or certified adviser's supervisory or consultation agreement as defined in WAC 246-810-025.

     (j) Disclosure that the certified counselor or certified adviser is not credentialed to diagnose mental disorders or to conduct psychotherapy as defined in WAC 246-810-010(14).

     (k) All of the following:

     (i) Counselors practicing counseling for a fee must be credentialed with the department of health for the protection of the public health and safety.

     (ii) Credentialing of an individual with the department of health does not include a recognition of any practice standards, nor necessarily imply the effectiveness of any treatment.

     (iii) The purpose of the Counselor Credentialing Act, chapter 18.19 RCW, is to:

     (A) Provide protection for public health and safety; and

     (B) Empower the citizens of the state of Washington by providing a complaint process against those counselors who would commit acts of unprofessional conduct.

     (iv) Clients have the right to choose counselors who best suit their needs and purposes.

     (l) A copy of the acts of unprofessional conduct in RCW 18.130.180 and the name, address, and contact telephone number within the department of health for complaints.

     (m) Signature and date blocks for the client, and the certified counselor or certified adviser, including an attestation that the client agrees that the required disclosure statement has been provided and that the client has read and understands the information.

  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 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(7).

  246-810-035  Record requirements.   (1) A counselor providing professional services to a client or providing services billed to a third-party payor, must document services, except as provided in subsection (2) of this section. The documentation must 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), or purpose of counseling;

     (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 may 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 secured, with properly limited access.

     Special provisions must be made for the retention or transferal of active or inactive records and for continuity of services in the event of a counselor's death, incapacitation, or cessation of practice. Such special provisions may be made by having another counselor review records with a client and recommend a course of action; or other appropriate means as determined by the counselor.

     (5) After the five-year retention period, the counselor may dispose of the record. Disposal must be done in a secure and confidential manner that includes:

     (a) Shredding;

     (b) Deleting, erasing, or reformatting electronic media; and

     (c) Other readable forms of media that are defaced or rendered unusable or unreadable.

  246-810-040  Requirements to report suspected abuse or neglect of a child or vulnerable adult.   (1) Chapter 26.44 RCW requires that all counselors must report suspected abuse or neglect of a child, when they have reasonable cause to believe that such an incident has occurred.

     (2) Chapter 74.34 RCW requires that all counselors report when there is reasonable cause to believe that abandonment, abuse, financial exploitation, or neglect of a vulnerable adult has occurred.

     (3) The report must be made to the local law enforcement agency or to the department of social and health services within twenty-four hours after there is reasonable cause to believe that the child or vulnerable adult has suffered abuse or neglect.

  246-810-045  Requirements for client fees paid in advance.   (1) The practice of collecting fees in advance and refund policies must be included in the disclosure statement 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. The counselor may not spend the funds until the service is provided. Any funds left in the account, for services not provided must be returned to the client within thirty days of the request.

     (3) Room rental fees or similar expenses, for example, as relating to group therapy, are not considered fees paid in advance.

  246-810-049  Sexual misconduct regulations.   (1) The definitions and prohibitions on sexual misconduct in chapter 246-16 WAC apply to counselors except WAC 246-16-100 (3) and (4).

     (2) A counselor shall never engage, or attempt to engage, in the activities listed in WAC 246-16-100(1) with a former patient, former client or former key party.

  246-810-060  Mandatory reporting.   All individuals credentialed under this chapter are subject to the mandatory reporting requirements of chapter 246-16 WAC.

  246-810-061  Health care institutions.   The chief administrator or executive officer or their designee of any hospital, nursing home, chemical dependency treatment programs as defined in chapter 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 counselor's services are terminated or are restricted based upon a determination that the counselor has committed an act which may constitute unprofessional conduct or that the 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.

  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 counselor has committed unprofessional conduct or that a counselor may not be able to practice counseling with reasonable skill and safety to clients as the result of any mental or physical condition. The report required by must be made regardless of whether the counselor appeals, accepts, or acts upon the association or society's determination. The report must include notification of appeal. Reports must meet the requirements of WAC 246-810-060.

  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 counselor has engaged in fraud in billing for services. Reports are to be made in accordance with WAC 246-810-060.

  246-810-064  Professional liability carriers.   Every institution or organization providing professional liability insurance directly or indirectly to 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 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.

  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 counselors, other than minor traffic violations.

  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 counselor is employed to provide client care services, to report to the department whenever such a counselor has been judged to have demonstrated his/her incompetency or negligence in the practice of counseling, or has otherwise committed unprofessional conduct, or 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.

  246-810-080  What are the requirements for AIDS prevention and information education?  Applicants must complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8.

  246-810-089  Transitional dates for a registered counselor credential.  (1) The department of health will not issue any new registered counselor credentials after July 1, 2009.

     (2) Individuals with a current or prior credential as a registered counselor may renew or reinstate their credential if all fees are paid and credentialing requirements are met. No registered counselor credentials will be renewed or reinstated after June 30, 2010.

     (3) To continue to practice counseling, all registered counselors must hold a different counseling credential by July 1, 2010.

     (4) All registered counselor credentials are abolished on July 1, 2010.

  246-810-990  Counselors fees and renewal cycle.    (1) Under chapter 246-12 WAC, Part 2, a counselor must renew his or her credential every year on the practitioner's birthday.

     (2) Any separate examination fees are the responsibility of the applicant.

 

Title		Fee
(3)	The following nonrefundable fees will be charged for registered counselor through 6/30/2010:
	Renewal	$117.00
	Late renewal penalty	58.50
	Expired registration reissuance	65.00
	Duplicate registration	15.00
	Certification of registration	15.00
(4)	The following nonrefundable fees will be charged for registered hypnotherapist:
	Application and registration	95.00
	Renewal	130.00
	Late renewal penalty	65.00
	Expired registration reissuance	65.00
	Duplicate registration	15.00
	Certification of registration	15.00
(5)	The following nonrefundable fees will be charged for certified counselor:
	Application and certification	110.00
	Examination or reexamination	85.00
	Renewal	90.00
	Late renewal penalty	50.00
	Expired credential reissuance	50.00
	Duplicate credential	15.00
	Certification of credential	15.00
(6)	The following nonrefundable fees will be charged for certified adviser:
	Application and certification	80.00
	Examination or reexamination	85.00
	Renewal	65.00
	Late renewal penalty	50.00
	Expired credential reissuance	50.00
	Duplicate credential	15.00
	Certification of credential	15.00
(7)	The following nonrefundable fees will be charged for registered agency affiliated counselor:
	Application and registration	50.00
	Renewal	40.00
	Late renewal penalty	40.00
	Expired registration reissuance	40.00
	Duplicate registration	15.00
	Certification of registration	15.00

 

END

             

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