Original Notice.

Preproposal statement of inquiry was filed as WSR 99-15-034.

Title of Rule: WAC 246-811-200, 246-811-210, 246-811-220, 246-811-230, 246-811-240, 246-811-250, 246-811-260, and 246-811-270, continuing competency program.

Purpose: This proposed rule sets continuing competency requirements for chemical dependency professionals.

Other Identifying Information: These rules implement RCW 18.205.060(12).

Statutory Authority for Adoption: RCW 18.205.060(12).

Statute Being Implemented: Chapter 18.205 RCW.

Summary: The proposed rules establish continuing competency definitions, requirements, scope and purpose, reporting requirements and sets the audit documentation requirements.

Reasons Supporting Proposal: The field of chemical dependency is growing and changing rapidly. There is concern that counselors working in this field need to continually seek out opportunities to keep up with current information.

Name of Agency Personnel Responsible for Drafting: Kris Waidely, Program Manager, 1300 S.E. Quince Street, Olympia, WA, (360) 236-4902; Implementation and Enforcement: Shellie Pierce, Program Manager, 1300 S.E. Quince Street, Olympia, WA, (360) 236-4902.

Name of Proponent: Department of Health, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This proposal establishes the continuing competency requirements for certified chemical dependency professionals. The proposed rules implement RCW 18.205.060(12). The proposed rules will help assure that CDPs are meeting requirements that will help them stay current with the rapidly changing information regarding chemical dependency. These rules require CDPs to complete a continuing competency enhancement plan and provide proof of twenty-eight hours of continuing education and twelve hours of other professional developmental activities every two years.

Proposal does not change existing rules.

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

This rule has been reviewed and has been found to have a disproportionate impact on small business.

I. What does the rule or rule amendment require? Any approach to continuing education mandates that prescribe mandatory standards requires a means of enforcement. Costs passed on to the health care practitioner through their licensing fees associated with the regulatory staff work done to ensure mandatory continuing education include:

	Processing renewal notices with continuing competency affidavits,
	Conducting random audits,
	Conducting investigations, and
	Taking legal actions for noncompliance with CC requirements.

II. What industries are affected? The following SIC coded industries are affected by this rule because they hire staff that may require training.

SIC	DESCRIPTION	TOTAL		TOTAL		AVERAGE EMPLOYMENT
		UNITS		EMPLOYMENT		SMALLEST 90%		LARGEST 10%
8062	General medical & surgical hospital	146		78,593		11.07		2,027.71
8069	Specialty hospitals exc. psychiatric	23		4,106		15.36		167.67
8093	Specialty outpatient clinics, nec	245		7,530		9.28		113.54
8322	Individual and family services	1,261		29,061		8.14		180.78
8361	Residential care	1,534		20,252		8.03		97.44

III. What are the costs? The rule does not require businesses to cover the cost of training; however, some businesses pay for training, provide training on site, or pay their employees for the hours during which they are in training.

A survey was conducted to have a preliminary understanding of current salary levels among chemical dependency professionals in Washington state. It was discovered that the median gross salary for certified chemical dependency professionals is $29,848. Approximately 96% of the reporting counselors received health benefits and leave time.

Combining a conservative wage rate of $21.00 per hour for fourteen hours of continuing education, it amounts to a cost of $259.00 per year. The Department of Health (DOH) used the following values to calculate the cost to chemical dependency professionals or the businesses, if they cover the costs.

IV. Does the proposed rule impose disproportionate cost on small businesses? A worst case analysis of this rule indicates that it probably could impose disproportionate costs if businesses do cover the costs of training. DOH has provided cost minimization.

For businesses that hire certified practitioners, the average percentage of employees who have certification is 4.12%.

The smallest average size of business for any SIC is 8.14.

If the smallest company provides full coverage for training of one person, the ratio of the cost to employment is 5.36/8.14 = .66.

The largest average size of business for any SIC is 2027.71.

If the largest company provides for coverage for training of 4.21% of their employees, 85 employees, the ratio of cost to employment is 1,360/2027.71 = .67.

V. What cost minimizing features were included?

1. Rather than submitting the records every two years, on a random basis, up to 25% may be audited.

2. The agencies that employ CDPs may provide trainings at no cost to the CDP.

VI. How did you involve small business in the rule making?

Business, public, and licensee involvement was solicited through mailings from the Department of Health.

DOH used the Chemical Dependency Professional Advisory Committee. DOH contacted a variety of stakeholders, such as: Educators, various related associations, the general public, and individuals credentialed under chapter 18.205 RCW. Opportunity for written comments was provided during different stages of the development of the rules. This effort has produced rules for a continuing competency program that included the requested cost minimizing features listed above.

A copy of the statement may be obtained by writing to Department of Health, CDP Program, Kris Waidely, Program Manager, P.O. Box 47869, Olympia, WA 98504-7869, phone (360) 236-4902, fax (360) 236-4909.

RCW 34.05.328 applies to this rule adoption. Continuing competency is necessary for CDPs to retain their certification.

Hearing Location: 1101 Eastside Street, Olympia, WA 98504, on January 9, 2002, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Kris Waidely by December 26, 2001, TDD (800) 833-6388, or (360) 236-4902.

Submit Written Comments to: Kris Waidely, Program Manager, CDP Program, P.O. Box 47869, Olympia, WA 98504-7869, fax (360) 236-4909, by December 26, 2001.

Date of Intended Adoption: January 9, 2002.

Mary C. Selecky

Secretary

OTS-4762.2

CONTINUING COMPETENCY PROGRAM
NEW SECTION
WAC 246-811-200   What continuing competency definitions should I know?   (1) Continuing education means a program or course (including distance learning), seminars, or workshops, professional conferences approved by an industry recognized local, state, national, international organization or institution of higher learning.

(2) Professional development activities means addiction competencies as outlined in WAC 246-811-047, including: Clinical evaluation, individual counseling, group counseling, counseling family, couples, and significant others, professional and ethical responsibilities, understanding addiction, treatment knowledge, application to practice, professional readiness, treatment planning, referral, service coordination, client, family, and community education, screening, intake, assessment, clinical reports, clinical progress notes, discharge summaries, and other client related data.

(3) Industry recognized is any local, state, national, international organization, or institution of higher learning, including, but not limited to, the following organizations:

(a) National Association of Alcoholism and Drug Abuse Counselors (NAADAC);

(b) National Association of Addiction Treatment Providers (NAATP);

(c) International Certification and Reciprocity Consortium (ICRC);

(d) Northwest Indian alcohol/drug specialist certification board;

(e) Chemical dependency counselor certification board;

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

(g) Division of alcohol and substance abuse (DASA).

(4) Distance learning is industry recognized education obtained to enhance proficiency in one or more of the professional development activities as outlined in subsection (2) of this section, through sources such as, internet coursework, satellite downlink resources, telecourses, or correspondence courses.

(5) Agency sponsored training is training provided by an agency that is not limited to people working within that agency and is a professional development activity as outlined in subsection (2) of this section.

(6) In-service training is training provided by an agency that is limited to people working within that agency and is a professional development activity as outlined in subsection (2) of this section.

(7) Continuing competency enhancement plan is a plan showing the goals the CDP will develop to continue proficiency in their profession. The plan will be based on core competencies as listed in WAC 246-811-047. The plan will be developed on forms provided by the department.

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(2) CDPs must complete twenty-eight hours of continuing education; and

(3) CDPs must complete twelve hours of other professional development activities as outlined in WAC 246-811-047 and 246-811-200(2).

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(2) Distance learning programs;

(3) Agency sponsored trainings;

(4) Course work at institutions of higher learning that are accredited by a national or regional accrediting body recognized by the commission on recognition of postsecondary accreditation; or

(5) In-service training programs limited to seven hours per reporting period.

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(a) Practicum;

(b) Peer-review including serving on a formal peer review panel or committee, or individual review of a sole provider, where the purpose of the review is to determine whether appropriate treatment was rendered;

(c) Public presentation including preparing and presenting lectures or education that contribute to the professional competence of a CDP. The CDP 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;

(d) Publication of writings;

(e) Other activities as determined by the CDP's supervisor;

(f) Continuing education; these continuing education hours are in addition to the twenty-eight hours of continuing education as listed in WAC 246-811-240.

(2) All documentation must include the dates the continuing competency activity occurred, and if appropriate, the title of the course, the location of the course, and the name of the instructor.

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(a) Transcripts, letters from course instructors, or certificate of completion;

(b) Written report by the CDP explaining how they achieved the competencies in WAC 246-811-047; or

(c) Signed agreement between parties involved.

(2) CDPs must comply with the requirements of chapter 246-12 WAC, part 7.

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Washington State Code Reviser's Office