Note to the reader: This is a Health Department draft and subject to
change as various drafts of the WAC are issued--until the final
version is ready. But here is the March 2, 2009 draft.
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Chapter 246-810 WAC (draft)
Counselors
246-810-010
Definitions.
(1) "Agency
affiliated counselor" means a person registered under chapter 18.19,
RCW, and these rules, who is engaged in counseling and employed by
an agency.
(2) “"Agency" means
an agency or facility operated, licensed, or certified by the state
of Washington.
(3) "Certified
adviser" means a person certified under chapter 18.19, RCW, and
these rules, who is engaged in private practice counseling to the
extent authorized in section 246-810-020.
(4) "Certified
counselor" means a person certified under this chapter 18.19, RCW,
and these rules, who is engaged in private practice counseling to
the extent authorized in section 246-810-020.
(5) "Client" means
an individual who receives or participates in counseling or group
counseling.
(6) "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
purposes of these rules, nothing may be construed to imply that the
practice of hypnotherapy is necessarily limited to counseling.
(1) "Counselor"
means and includes any registered counselor or registered
hypnotherapist regulated under chapter 18.19 RCW.
(7) "Counselor"
means an individual who engages in the practice of counseling to the
public for a fee, including for the purposes of these rules, agency
affiliated counselors, certified counselors, certified advisers,
hypnotherapists, and until July 1, 2010, registered counselors.
(2)
(8) "Department" means the Washington state department of
health.
(3) (9) “Fee" as referred to in RCW 18.19.030 means
compensation received by the counselor for counseling services
provided, regardless of the source.
(4) "Hospital"
means any health care institution licensed under chapter 70.41 RCW.
(11)
(10) "Hypnotherapist" means a person registered under chapter 18.19
, RCW, and these rules, who is practicing hypnosis as a modality.
(5) "Nursing home"
means any health care institution licensed under chapter 18.51 RCW.
(11) "Private
practice counseling" means the practice of counseling by a certified
counselor or certified adviser as specified in WAC 246-810-020.
(12)
"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, published in 1994, and
the development of treatment plans for counseling based on diagnosis
of mental disorders in accordance with established practice
standards.
(13) "Secretary"
means the secretary of the department or the secretary's designee.
(6) (14)
“Unprofessional conduct" as used in this chapter means the conduct
described in RCW 18.130.180.
246-810-011
Which activities and individuals are exempt from these rules?
These rules are not intended to 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, policy-making, 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
What is the application procedure to obtain the
credentials?
Application for
agency affiliated counselor, certified counselor, certified adviser,
hypnotherapist, or until July 2, 2010, for registered counselor,
must be made on forms established by the secretary. The secretary
may require information necessary to determine whether applicants
meet the qualifications for the credential and whether there are any
grounds for denial of the credential, or for issuance of a
conditional credential, under this chapter or chapter 18.130 RCW.
The application for agency affiliated counselor, certified
counselor, certified adviser, or registered counselor must include a
description of the applicant's orientation, discipline, theory, or
technique. Each applicant shall pay a fee determined by the
secretary as provided in RCW 43.70.250, which shall accompany the
application.
246-810-013
What kinds of credentials must a state agency employee obtain in
order to practice counseling or hypnotherapy?
(1) Until July 1,
2010, a person may not, as a part of his or her position as an
employee of a state agency, practice counseling without possessing a
registered counselor or an agency affiliated counselor credential
unless they are exempted under WAC 246-810-011.
(2) On and after
July 2, 2010, a person may not, as a part of his or her position as
an employee of a state agency, practice counseling without being
registered to practice as an agency affiliated counselor unless they
are exempted 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 by the department unless they are
exempt under WAC 246-810-011.
Agency Affiliated Counselors
Sections 246-810-015 through 246-810-018 apply only to agency
affiliated counselors.
246-810-015
What are the requirements to obtain a
registration as an agency affiliated counselor?
Applicants for
agency affiliated counselor must be employed by or have an offer of
employment from:
(1)
an
agency or facility identified in WAC 246-810-016,
or
(2)
an
agency or facility recognized by the secretary as meeting the
requirements to employ agency affiliated counselors as defined in
WAC 246-810-017.
246-810-016 What
agencies and facilities can employ agency affiliated counselors?
The
following are recognized as agencies or facilities operated,
licensed, or certified by the state of Washington:
(1)
All State of Washington departments and agencies as
evidenced by being listed on the “Agency, Commission & Organization
Directory”. (http://access.wa.gov/agency/agency.aspx)
(2)
All community and technical colleges governed by the
Washington State Board for Community and Technical Colleges.
(3)
All colleges and universities governed by the
Washington State Higher Education Coordinating Board.
(4)
All hospitals licensed under RCW 70.41.
(5)
All home health care agencies, home care agencies,
and hospice care agencies licensed under RCW 70.127.
(6)
All psychiatric hospitals, residential treatment
facilities, and hospital, alcohol and chemical dependency entities
licensed under RCW 71.12.
246-810-17 How
can other agencies or facilities be recognized in order to employ
agency affiliated counselors?
(1)
Agencies or facilities not identified in WAC 246-816 may request to
be recognized by the secretary as an agency or facility operated,
licensed, or certified by the state of Washington for the purpose of
employing agency affiliated counselors.
(2)
To
be recognized, an agency or facility must demonstrate to the
satisfaction of the Secretary that they are operated, licensed, or
certified by the state of Washington.
(3)
The
Secretary may require forms to be completed and the submission of
specific documentation for the review of requests for recognition.
(4)
The
Secretary may request documentation from and/or consult with other
state agencies and entities in the review of requests for
recognition.
(5)
Upon recognition, agencies or facilities may employ agency
affiliated counselors.
(6)
Agencies or facilities not recognized may not employ agency
affiliated counselors.
(7)
The
department will maintain a list of agencies and facilities that have
been recognized.
(8)
Recognized agencies or facilities which 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 What are the reporting requirements when a agency affiliated
counselor has an employment change?
No later than thirty
calendar days after the date of the change, agency affiliated
counselors shall notify the department if they are either no longer
employed by the agency identified on their application or are now
employed with another agency, or both. Agency affiliated counselors
may not engage in the practice of counseling unless they are
currently affiliated with an agency.
Certified
Counselors and Certified Advisers
Sections 246-810-020 through 246-810-031 apply only to certified
counselors and certified advisers
246-810-020 What is the scope and limits of practice of certified
counselors and certified advisers?
The scope of
practice of certified counselors and 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,
published in 1994. Recognition of a mental or physical disorder or a
global assessment of functioning score of sixty or less requires
that the certified counselor or certified adviser refer the client
to a physician, osteopathic physician, naturopathic physician,
psychiatric registered nurse practitioner, advanced registered nurse
practitioner, psychologist or licensed mental health practitioner as
defined by the secretary for diagnosis and treatment;
2) Certified
counselors and certified advisers may counsel and guide a 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
the client has a global assessment of functioning score greater than
sixty;
(3) Certified
counselors may counsel and guide a client in adjusting to life
situations, developing new skills, and making desired changes if the
client has a global assessment of functioning score of sixty or less
if:
(a) The client
has been referred to the certified counselor by a physician,
osteopathic physician, naturopathic physician, psychiatric
registered nurse practitioner, advanced registered nurse
practitioner, psychologist, or licensed mental health practitioner
as defined by the secretary, 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 to seek diagnosis and treatment from a
physician, osteopathic physician, naturopathic physician,
psychiatric registered nurse practitioner, advanced registered nurse
practitioner, psychologist, or licensed mental health practitioner
as defined by the secretary, and the client refused, in writing, to
seek 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. A certified counselor shall
not be a sole treatment provider for a client with a global
assessment of functioning score of less than fifty.
246-810-021
What are the qualifications to become a
Certified Counselor or Certified Adviser?
(1) Certified
Counselor
(a) An applicant
for certified counselor prior to July 1, 2010 who has been
registered for no less than five years at the time of application
meets the qualifications for the credential if the applicant:
(i) Has held a
valid, active registration that is in good standing and be in
compliance with any disciplinary process and orders at the time of
application for an initial certification;
(ii) Show
evidence of having completed course work in risk assessment, ethics,
appropriate screening and referral, and Washington State law;
(iii) Pass an
examination in risk assessment, ethics, appropriate screening and
referral, and Washington State law; and
(iv) Have a written consultation agreement which meets the
requirements in WAC 246-810-024 with a credential holder who meets
the qualifications to be a consultant in WAC 246-810-025.
(b) Unless
eligible for certification under subsection (a) of this section,
applicants for certified counselor are required to:
(i) Have a
bachelor's degree in a counseling-related field, as defined in WAC
246-810-017;
(ii) Pass an
examination in risk assessment, ethics, appropriate screening and
referral, and Washington State law; and
(iii)
Have a written supervisory
agreement which meets the requirements in WAC 246-810-024 with a
credential holder who meets the qualifications to be a supervisor in
WAC 246-810-025.
(2) Certified
Adviser
Applicants for
certified adviser are required to:
(a) Have an
associate degree which included a supervised internship in a
counseling-related field as defined in WAC 246-810-017;
(b) Pass an
examination in risk assessment, ethics, appropriate screening and
referral, and Washington State law; and
(c)
Have a written supervisory
agreement which meets the requirements in WAC 246-810-024 with a
credential holder who meets the qualifications to be a supervisor in
WAC 246-810-025.
246-810-022
What degrees are considered to be
counseling-related to meet the requirements for certified counselor
and certified adviser?
(1) To be considered a counseling-related bachelor’s
degree, the degree must be from a recognized education 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
completed courses must have included one or more of subjects listed
in (4) below.
(2) To be considered a
counseling-related associate degree, the degree must be from a
recognized education program or institution, the degree must have
required the equivalent of at least two years of full-time study and
a supervised internship, and at least one quarter of the completed
courses must have included one or more of subjects listed in (4)
below.
(3) An advanced or graduate degree
from a recognized educational program or institution in any of the
subject areas listed in (4) will be accepted as fulfilling the
education requirement for certified counselor and certified adviser.
(4) Counseling-related subjects:
a)
Addiction Counseling
b)
Adolescent & Child Counseling
c)
Anger Management Counseling
d)
Applied Behavioral Science
e)
Behavior Modification
f)
Biofeedback
g)
Child Development
h)
Clinical Social Work
i)
Community Mental Health
j)
Counseling Developmentally Disabled Persons
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 & Psychiatric Nursing
aa)
Psychological Measurement & Research
bb)
Psychology
cc)
Psychopathology & Abnormal psychology
dd)
Sexual Disorder Counseling
ee)
Social Work
ff)
Stress Disorder Counseling
gg)
Substance & Chemical Abuse Counseling
hh)
Transpersonal Psychology
(5) Other training and/or experience
in the subjects listed in (4) which was obtained outside of the
degree program may be recognized by the Secretary as being
equivalent to counseling-related courses.
246-810-023 What are the standards for certified counselor supervision,
certified adviser supervision, and certified counselor consultation?
(1)
Supervision requirement
(a)
As defined in
246-810-021, certified advisers, and certified counselors who do not
meet the requirements of 246-810-021 2(a), have a supervision
requirement.
(b)
Supervision is defined
as a formal relationship between the supervisor and the certified
counselor or certified adviser that oversees and promotes the
development of responsibility, skill, knowledge, attitudes, and
ethical standards in the practice of professional counseling. The
process of supervision may encompass multiple strategies, such as
the review and discussion of cases, individual training,
role-playing, and observation of and feedback regarding counseling
sessions.
(c)
Written agreement. A
written agreement between the supervisor and the certified counselor
or certified adviser is required, and must be reviewed and renewed
at least every two years. At a minimum, the agreement shall address
the agreement duration, expectations of both parties, frequency and
modalities of supervision, record keeping, financial arrangements,
client confidentiality, and potential conflict of interest.
(d)
Frequency and Record
Keeping. During the first five years of practice, a minimum of two
hours of supervision per calendar month is required in any month in
which the certified counselor or certified adviser has had at least
40 client contact hours. After five years of practice, a minimum of
one hour of supervision per calendar month is required in any month
in which the certified counselor or adviser has 40 or more client
contact hours. However, a certified counselor and certified adviser
must have a minimum of two hours of supervision in any calendar
quarter, regardless of the years in practice and number of client
contact hours. Up to half of the required supervision time in any
year may be supervision of practice in a group setting. A written
record regarding supervision hours and topics shall be maintained by
both the supervisor and the certified counselor or certified
adviser.
(2)
Consultation
requirement
(a)
As defined in
246-810-021, certified counselors who have met the requirements of
246-810-021 2(a), have a consultation requirement.
(b)
Consultation involves
the review and discussion of counseling cases and approaches between
a certified counselor and a qualified consultant to obtain advice.
The consultant may assist the certified counselor in numerous ways
including but not limited to: helping the counselor focus on
counseling practice objectives and to refine specific counseling
modalities, providing support to progress in difficult or sensitive
cases, expanding the resources available for decision-making,
assisting in discovering alternative approaches, and saving time and
energy in obtaining important background information.
(c)
Written agreement. A
written agreement between the consultant and the certified counselor
or certified adviser is required, and must be reviewed and renewed
at least every two years. At a minimum, the agreement shall address
the agreement duration, expectations of both parties, frequency and
modalities of consultation, record keeping, financial arrangements,
client confidentiality, and potential conflict of interest.
(d)
Frequency and
Record Keeping.
Consultation will be on an as needed
basis, as determined by the certified counselor. However, a minimum
of one hour of consultation is required during any calendar quarter
in which the certified counselor has 40 or more client contact
hours. A written record regarding consultation hours and topics
shall be maintained by both the consultant and the certified
counselor.
246-810-024
What are the qualifications to serve as an
approved certified counselor and certified adviser supervisor, or as
an approved certified counselor consultant?
(1) The supervisor or consultant shall
have held a Washington State credential or credentials in
counseling-related fields for at least a total of five years. Their
current credential or credentials shall be valid and in good
standing while serving as a supervisor or consultant.
(2) For purposes of this section,
credentials which are considered to be counseling-related include
credentials issued by the department for certified counselor,
certified adviser, hypnotherapist, mental health counselor, marriage
and family therapist, independent clinical social work, advanced
social work, psychologist, chemical dependency professional, sex
offender treatment provider, sex offender treatment provider
affiliate, medical physician and physician assistant, osteopathic
physician and physician assistant, advanced registered nurse
practitioner, naturopathic physician, and until July 1, 2010,
registered counselor. Additional types of credentials may be
recognized by the Secretary as being counseling-related by policy.
(3) The supervisor or consultant shall
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. Nor shall a supervisor or
consultant have a reciprocal arrangement with another credential
holder where each is serving in a dual capacity with the other.
(4) The supervisor or consultant, prior
to the commencement of any supervision or consultation, shall
provide the certified counselor or certified adviser with a
declaration, on a form provided by the department, documenting that
the supervisor or consultant has met the requirements to serve as a
supervisor or consultant, and how, when, and where the required
education or training was obtained.
(5) The supervisor shall have completed
education or training in:
(a)
supervision or management of individuals who provide counseling or
mental health services,
(b) risk assessment,
(b) screening utilizing the global
assessment of functioning scale,
(c)
professional ethics, and
(d)
Washington State law
(6) The consultant shall have completed
education and training in:
(a) risk assessment,
(b) screening utilizing the global
assessment of functioning scale,
(c)
professional ethics, and
(d)
Washington state law
A minimum of
18 credit hours during every yearly renewal cycle is required for
certified counselors and certified advisers in order to renew their
credential. At least three credit hours must be in professional law
and ethics related to counseling. As established in WAC 246-12-220,
a credit hour is defined as time actually spent in a course or other
activities. A credit hour for time actually spent in a course can
not be less than fifty minutes. as defined in WAC 246-12-220.
246-810-026:
When will continuing education start to be
reported as part of the renewal process?
The first date for
reporting the required continuing education shall begin with
credential holder’s renewal date in 2011 for those first
credentialed in 2009.
246-810-027
What courses are acceptable to meet the
continuing education requirement for certified counselor and
certified adviser?
The 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,
courses in the kind of modality(ies) of counseling services provided
the credential holder, courses in professional ethics, courses
related to risk assessment and screening and referral of clients,
and courses on Washington State law applicable to the professional
practice of counseling.
Acceptable
continuing education courses (including distance learning),
seminars, workshops, training programs, and institutes are those
which can be shown to contribute to the advancement, extension and
enhancement of the professional competence of the counselor and are
programs having a featured instructor, speaker(s) or panel approved
by an industry-recognized local, state, national, international
organization or institution of higher learning;
Distance learning
programs, approved by an industry-recognized local, state, national
or international organization or educational organization may be
used to satisfy these requirements. These programs must require
tests of comprehension upon completion. Distance learning programs
are limited to 12 hours per reporting period.
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 can be shown to contribute to the
advancement, extension and enhancement of the professional
competence of the counselor. The experience is limited to 6 hours
per reporting period.
(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 Federation;
(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; or
(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 Addition Counselors
(17) Other
organizations recognized by the Secretary by policy and included on
a list maintained by the department.
A certified counselor or certified
adviser 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 as required in WAC
246-12-220. The hours for presenting a specific topic lecture or
education may only be used for continuing education credit once
during each reporting period.
246-810-030
How does a certified counselor or certified adviser document
continuing education completed?
Acceptable documentation shall include
transcripts, signed letters from course instructors, certificate of
completion, or other formal certification, as required in chapter
246-12 WAC, Part 7.
Upon request by the secretary,
documentation which demonstrates fulfillment of continuing education
requirements must be provided by the credential holder.
246-810-031
What disclosure information must certified counselors and
certified advisers provide to clients?
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.
Within the written
disclosure statement required to be provided to and acknowledged by
clients as defined in WAC 246-810-033, certified counselors and
certified advisers must also include:
(1)
Disclosure of the consultation arrangement or supervisory agreement
as defined in 246-810-023.
(2)
Information on the therapeutic orientation of their practice, and a
list of referral resources relevant to the therapeutic orientation.
(3)
Disclosure that they are not credentialed to diagnose mental
disorders or to conduct psychotherapy as defined in WAC 246-810-010
(12).
Sections 246-810-033 and 246-810-034 apply only to
certified counselors, certified advisers, registered counselors, and
hypnotherapists
246-810-033
What information must be provided to clients in the disclosure
statement?
Required disclosure information.
(1) The counselor
must provide the following information 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 number.
(d) The counselor's name and type of counseling they provide.
(e) The methods or techniques the counselor uses.
(f) The counselor's education, training, and experience.
(g) The course of treatment counseling planned
where known if known at the time of providing the disclosure
information.
(h) Billing
information, including:
(i) Client's cost per each counseling session;
(ii) Billing practices, including any advance payments and
refunds.
(2) Disclosure statement. The counselor must provide a disclosure
statement to each client. The following language must appear on
every client's disclosure statement:
"Counselors practicing counseling for a fee must be
registered credentialed with the department of health for the
protection of the public health and safety. Registration
Credentialing of an individual with the department does not
include a recognition of any practice standards, nor necessarily
implies the effectiveness of any treatment." In addition to the
disclosure statement, the counselor must:
(a) Inform clients about the purpose of the Counselor
Credentialing Act, chapter 18.19 RCW. The purpose of the law
regulating counselors is: (i) To provide protection for public
health and safety; and (ii) to empower the citizens of the state of
Washington by providing a complaint process against those counselors
who would commit acts of unprofessional conduct.
(b) Inform clients they have the right to choose counselors who
best suit their needs and purposes. (This subsection does not
provide new rights or supersede existing law.)
(c) Inform clients of the limits of confidentiality under RCW
18.19.180.
(d) Provide clients with a list of or copy of the acts of
unprofessional conduct in RCW 18.130.180 and the name, address, and
contact telephone within the department of health.
(e) Inform the client that they are not liable for
any fees or charges for services rendered prior to receipt of the
disclosure statement.
(3) Upon providing the required disclosure information to the
client, the counselor and client must sign and date a statement
that:
(a) The counselor has provided the client with a copy of the
required disclosure information; and
(b) The client has read and understands the information. The
date of signature by each party is to be included at the time of
signing.
(4) The department
of health publishes an informational brochure to educate and assist
the public in understanding counselor responsibilities and client
rights and responsibilities. The counselor may photocopy and provide
the brochure to each client in conjunction with the disclosure
information required in this section. The counselor may not rely
solely on the brochure published by the department to meet the
requirements of this section.
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).
Provisions Applicable To All Professions Regulated In This Chapter
Sections 246-810-035 and 246-810-034 apply to agency
affiliated counselors, certified counselors, certified advisers,
registered counselors, and hypnotherapists
(1) The counselor
providing professional services to a client, 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) or purpose of counseling 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.
(5) After the
minimum records retention period is met for a client record, the
counselor may elect to dispose of the record. If the record is
disposed of, it shall be done in a secure and confidential manner.
Proper disposal means paper is shredded; electronic media is
deleted, erased, or reformatted; and other readable forms of media
is defaced or rendered unusable or unreadable.
As required by
chapter 26.44 RCW, all counselors 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.
(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.
(1) The definitions
and prohibitions on sexual misconduct described 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.
(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) 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, address and telephone number of the 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 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.
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.
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.
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.
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.
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.
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.
Applicants must
complete four clock hours of AIDS education as required in chapter
246-12 WAC, Part 8.
(1)
Under chapter 246-12 WAC, Part 2, a counselor must renew his or her
registration credential every year on the
practitioner's birthday. The secretary may require payment of
renewal fees less than those established in this section if the
current level of fees is likely to result in a surplus of funds.
Surplus funds are those in excess of the amount necessary to pay for
the costs of administering the program and to maintain a reasonable
reserve. Notice of any adjustment in the required payment will be
provided to practitioners. The adjustment in the required payment
shall remain in place for the duration of a renewal cycle to assure
practitioners an equal benefit from the adjustment.
Additional
Provisions Applicable Only To Registered Counselors
246-810-991
What are the transitional dates regarding the registered counselor
credential?
(1) The department
of health will not issue any new registered counselor credentials
after July 1, 2009.
(2) Provided all
fees are paid and requirements are satisfied, individuals with a
current or prior credential as a registered counselor may renew
and/or reinstate their credential. However, no registered counselor
credential will be renewed or reinstated beyond June 30, 2010.
(2) To continue to
practice counseling, all registered counselors must obtain a
different counseling credential by July 1,2010
(3) All registered
counselor credentials are abolished at 12:01 am on July 1, 2010.
END
