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Chapter 18.155 RCW

SEX OFFENDER TREATMENT PROVIDERS

RCW Sections

18.155.010Findings -- Construction.
18.155.020Definitions.
18.155.030Certificate required.
18.155.040Secretary -- Authority.
18.155.060Immunity.
18.155.070Certificate -- Requirements.
18.155.075Affiliate certificate--Requirements.
18.155.080Standards and procedures.
18.155.090Application of uniform disciplinary act.
18.155.900Index, part headings not law -- 1990 c 3.
18.155.901Severability -- 1990 c 3.
18.155.902Effective dates -- Application -- 1990 c 3.


18.155.010
Findings — Construction.

The legislature finds that sex offender therapists who examine and treat sex offenders pursuant to the special sexual [sex] offender sentencing alternative under RCW 9.94A.670 and who may treat juvenile sex offenders pursuant to RCW 13.40.160, play a vital role in protecting the public from sex offenders who remain in the community following conviction. The legislature finds that the qualifications, practices, techniques, and effectiveness of sex offender treatment providers vary widely and that the court's ability to effectively determine the appropriateness of granting the sentencing alternative and monitoring the offender to ensure continued protection of the community is undermined by a lack of regulated practices. The legislature recognizes the right of sex offender therapists to practice, consistent with the paramount requirements of public safety. Public safety is best served by regulating sex offender therapists whose clients are being evaluated and being treated pursuant to RCW 9.94A.670 and 13.40.160. This chapter shall be construed to require only those sex offender therapists who examine and treat sex offenders pursuant to RCW 9.94A.670 and 13.40.160 to obtain a sexual [sex] offender treatment certification as provided in this chapter.

[2000 c 171 § 32; 2000 c 28 § 37; 1990 c 3 § 801.]

Notes:

     Reviser's note: This section was amended by 2000 c 28 § 37 and by 2000 c 171 § 32, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

     Technical correction bill -- 2000 c 28: See note following RCW 9.94A.015.

     Headings and captions not law -- Effective date -- Severability -- 2000 c 28: See RCW 9.94A.920, 9.94A.921, and 9.94A.922.




18.155.020
Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

     (1) "Certified sex offender treatment provider" means a licensed, certified, or registered health professional who is certified to examine and treat sex offenders pursuant to chapters
9.94A and 13.40 RCW and sexually violent predators under chapter 71.09 RCW.

     (2) "Certified affiliate sex offender treatment provider" means a licensed, certified, or registered health professional who is certified as an affiliate to examine and treat sex offenders pursuant to chapters 9.94A and 13.40 RCW and sexually violent predators under chapter 71.09 RCW under the supervision of a certified sex offender treatment provider.

     (3) "Department" means the department of health.

     (4) "Secretary" means the secretary of health.

     (5) "Sex offender treatment provider" or "affiliate sex offender treatment provider" means a person who counsels or treats sex offenders accused of or convicted of a sex offense as defined by RCW 9.94A.030.

[2004 c 38 § 3; 2001 2nd sp.s. c 12 § 401. Prior: 2000 c 171 § 33; 2000 c 28 § 38; 1990 c 3 § 802.]

Notes:

     Effective date -- 2004 c 38: See note following RCW 18.155.075.

     Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW 71.09.250.

     Technical correction bill -- 2000 c 28: See note following RCW 9.94A.015.

     Headings and captions not law -- Effective date -- Severability -- 2000 c 28: See RCW 9.94A.920, 9.94A.921, and 9.94A.922.




18.155.030
Certificate required.

(1) No person shall represent himself or herself as a certified sex offender treatment provider or certified affiliate sex offender treatment provider without first applying for and receiving a certificate pursuant to this chapter.

     (2) Only a certified sex offender treatment provider, or certified affiliate sex offender treatment provider who has completed at least fifty percent of the required hours under the supervision of a certified sex offender treatment provider, may perform or provide the following services:

     (a) Evaluations conducted for the purposes of and pursuant to RCW
9.94A.670 and 13.40.160;

     (b) Treatment of convicted level III sex offenders who are sentenced and ordered into treatment pursuant to chapter 9.94A RCW and adjudicated level III juvenile sex offenders who are ordered into treatment pursuant to chapter 13.40 RCW;

     (c) Except as provided under subsection (3) of this section, treatment of sexually violent predators who are conditionally released to a less restrictive alternative pursuant to chapter 71.09 RCW.

     (3) A certified sex offender treatment provider, or certified affiliate sex offender treatment provider who has completed at least fifty percent of the required hours under the supervision of a certified sex offender treatment provider, may not perform or provide treatment of sexually violent predators under subsection (2)(c) of this section if the treatment provider has been:

     (a) Convicted of a sex offense, as defined in RCW 9.94A.030;

     (b) Convicted in any other jurisdiction of an offense that under the laws of this state would be classified as a sex offense as defined in RCW 9.94A.030; or

     (c) Suspended or otherwise restricted from practicing any health care profession by competent authority in any state, federal, or foreign jurisdiction.

     (4) Certified sex offender treatment providers and certified affiliate sex offender treatment providers may perform or provide the following service: Treatment of convicted level I and level II sex offenders who are sentenced and ordered into treatment pursuant to chapter 9.94A RCW and adjudicated juvenile level I and level II sex offenders who are sentenced and ordered into treatment pursuant to chapter 13.40 RCW.

[2004 c 38 § 4; 2001 2nd sp.s. c 12 § 402. Prior: 2000 c 171 § 34; 2000 c 28 § 39; 1990 c 3 § 803.]

Notes:

     Effective date -- 2004 c 38: See note following RCW 18.155.075.

     Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW 71.09.250.

     Technical correction bill -- 2000 c 28: See note following RCW 9.94A.015.

     Headings and captions not law -- Effective date -- Severability -- 2000 c 28: See RCW 9.94A.920, 9.94A.921, and 9.94A.922.




18.155.040
Secretary — Authority.

In addition to any other authority provided by law, the secretary shall have the following authority:

     (1) To set administrative procedures, administrative requirements, and fees in accordance with RCW
43.70.250 and 43.70.280;

     (2) To establish forms necessary to administer this chapter;

     (3) To issue a certificate or an affiliate certificate to any applicant who has met the education, training, and examination requirements for certification or an affiliate certification and deny a certificate to applicants who do not meet the minimum qualifications for certification or affiliate certification. Proceedings concerning the denial of certificates based on unprofessional conduct or impaired practice shall be governed by the uniform disciplinary act, chapter 18.130 RCW;

     (4) To hire clerical, administrative, and investigative staff as needed to implement and administer this chapter and to hire individuals including those certified under this chapter to serve as examiners or consultants as necessary to implement and administer this chapter;

     (5) To maintain the official department record of all applicants and certifications;

     (6) To conduct a hearing on an appeal of a denial of a certificate on the applicant's failure to meet the minimum qualifications for certification. The hearing shall be conducted pursuant to chapter 34.05 RCW;

     (7) To issue subpoenas, statements of charges, statements of intent to deny certificates, and orders and to delegate in writing to a designee the authority to issue subpoenas, statements of charges, and statements of intent to deny certificates;

     (8) To determine the minimum education, work experience, and training requirements for certification or affiliate certification, including but not limited to approval of educational programs;

     (9) To prepare and administer or approve the preparation and administration of examinations for certification;

     (10) To establish by rule the procedure for appeal of an examination failure;

     (11) To adopt rules implementing a continuing competency program;

     (12) To adopt rules in accordance with chapter 34.05 RCW as necessary to implement this chapter.

[2004 c 38 § 5; 1996 c 191 § 86; 1990 c 3 § 804.]

Notes:

     Effective date -- 2004 c 38: See note following RCW 18.155.075.




18.155.060
Immunity.

The secretary, members of the committee, and individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any acts performed in the course of their duties.

[1990 c 3 § 806.]




18.155.070
Certificate — Requirements.

The department shall issue a certificate to any applicant who meets the following requirements:

     (1) Successful completion of an educational program approved by the secretary or successful completion of alternate training which meets the criteria of the secretary;

     (2) Successful completion of any experience requirement established by the secretary;

     (3) Successful completion of an examination administered or approved by the secretary;

     (4) Not having engaged in unprofessional conduct or being unable to practice with reasonable skill and safety as a result of a physical or mental impairment;

     (5) Not convicted of a sex offense, as defined in RCW
9.94A.030 or convicted in any other jurisdiction of an offense that under the laws of this state would be classified as a sex offense as defined in RCW 9.94A.030; and

     (6) Other requirements as may be established by the secretary that impact the competence of the sex offender treatment provider.

[2006 c 134 § 1; 1990 c 3 § 807.]




18.155.075
Affiliate certificate — Requirements.

The department shall issue an affiliate certificate to any applicant who meets the following requirements:

     (1) Successful completion of an educational program approved by the secretary or successful completion of alternate training which meets the criteria of the secretary;

     (2) Successful completion of an examination administered or approved by the secretary;

     (3) Proof of supervision by a certified sex offender treatment provider;

     (4) Not having engaged in unprofessional conduct or being unable to practice with reasonable skill and safety as a result of a physical or mental impairment;

     (5) Not convicted of a sex offense, as defined in RCW
9.94A.030 or convicted in any other jurisdiction of an offense that under the laws of this state would be classified as a sex offense as defined in RCW 9.94A.030; and

     (6) Other requirements as may be established by the secretary that impact the competence of the sex offender treatment provider.

[2006 c 134 § 2; 2004 c 38 § 6.]

Notes:

     Effective date -- 2004 c 38: "This act takes effect July 1, 2004." [2004 c 38 § 15.]




18.155.080
Standards and procedures.

The secretary shall establish standards and procedures for approval of the following:

     (1) Educational programs and alternate training;

     (2) Examination procedures;

     (3) Certifying applicants who have a comparable certification in another jurisdiction;

     (4) Application method and forms;

     (5) Requirements for renewals of certificates;

     (6) Requirements of certified sex offender treatment providers and certified affiliate sex offender treatment providers who seek inactive status;

     (7) Other rules, policies, administrative procedures, and administrative requirements as appropriate to carry out the purposes of this chapter.

[2004 c 38 § 7; 1996 c 191 § 87; 1990 c 3 § 808.]

Notes:

     Effective date -- 2004 c 38: See note following RCW 18.155.075.




18.155.090
Application of uniform disciplinary act.

The uniform disciplinary act, chapter 18.130 RCW, governs unauthorized practice, the issuance and denial of certificates, and the discipline of certified sex offender treatment providers and certified affiliate sex offender treatment providers under this chapter.

[2004 c 38 § 8; 1990 c 3 § 809.]

Notes:

     Effective date -- 2004 c 38: See note following RCW 18.155.075.




18.155.900
Index, part headings not law — 1990 c 3.

The index and part headings used in this act do not constitute any part of the law.

[1990 c 3 § 1404.]




18.155.901
Severability — 1990 c 3.

If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

[1990 c 3 § 1405.]




18.155.902
Effective dates — Application — 1990 c 3.

(1) Sections 101 through 131, 401 through 409, 501 through 504, 606, 707 and 708, 801 through 810, 1101 through 1104, 1201 through 1210, and 1401 through 1403 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [February 28, 1990].

     (2) Sections 201 through 203, 301 through 305, 701 through 706, and 901 through 904 shall take effect July 1, 1990, and shall apply to crimes committed on or after July 1, 1990.

     (3) Sections 1001 through 1012 shall take effect July 1, 1990.

     (4) Section 1301 shall take effect July 1, 1991.

     (5) Sections 601 through 605, for purposes of sentencing adult or juvenile offenders shall take effect July 1, 1990, and shall apply to crimes or offenses committed on or after July 1, 1990. For purposes of defining a "sexually violent offense" pursuant to section 1002(4) of this act, sections 601 through 605 of this act shall take effect July 1, 1990, and shall apply to crimes committed on, before, or after July 1, 1990.

[1990 c 3 § 1406.]