RCWs > Title 18 > Chapter 18.205

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18.205.010
Chemical dependency professional certification.

The legislature recognizes chemical dependency professionals as discrete health professionals. Chemical dependency professional certification serves the public interest.

[1998 c 243 § 1.]

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18.205.020
Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

     (1) "Certification" means a voluntary process recognizing an individual who qualifies by examination and meets established educational prerequisites, and which protects the title of practice.

     (2) "Certified chemical dependency professional" means an individual certified in chemical dependency counseling, under this chapter.

     (3) "Certified chemical dependency professional trainee" means an individual working toward the education and experience requirements for certification as a chemical dependency professional.

     (4) "Chemical dependency counseling" means employing the core competencies of chemical dependency counseling to assist or attempt to assist an alcohol or drug addicted person to develop and maintain abstinence from alcohol and other mood-altering drugs.

     (5) "Committee" means the chemical dependency certification advisory committee established under this chapter.

     (6) "Core competencies of chemical dependency counseling" means competency in the nationally recognized knowledge, skills, and attitudes of professional practice, including assessment and diagnosis of chemical dependency, chemical dependency treatment planning and referral, patient and family education in the disease of chemical dependency, individual and group counseling with alcoholic and drug addicted individuals, relapse prevention counseling, and case management, all oriented to assist alcoholic and drug addicted patients to achieve and maintain abstinence from mood-altering substances and develop independent support systems.

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

     (8) "Health profession" means a profession providing health services regulated under the laws of this state.

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

[2008 c 135 § 15; 1998 c 243 § 2.]

Notes:

Effective date -- 2008 c 135 §§ 1, 2, 7-9, and 11-19: See note following RCW 18.19.020.

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18.205.030
Title or description of services.

No person may represent oneself as a certified chemical dependency professional or certified chemical dependency professional trainee or use any title or description of services of a certified chemical dependency professional or certified chemical dependency professional trainee without applying for certification, meeting the required qualifications, and being certified by the department of health, unless otherwise exempted by this chapter.

[2008 c 135 § 16; 2000 c 171 § 41; 1998 c 243 § 3.]

Notes:

Effective date -- 2008 c 135 §§ 1, 2, 7-9, and 11-19: See note following RCW 18.19.020.

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18.205.040
Use of title.

Nothing in this chapter shall be construed to authorize the use of the title "certified chemical dependency professional" or "certified chemical dependency professional trainee" when treating patients in settings other than programs approved under chapter 70.96A RCW.

[2008 c 135 § 17; 1998 c 243 § 4.]

Notes:

Effective date -- 2008 c 135 §§ 1, 2, 7-9, and 11-19: See note following RCW 18.19.020.

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18.205.050
Practice not prohibited or restricted by chapter.

Nothing in this chapter shall be construed to prohibit or restrict:

     (1) The practice by an individual licensed, certified, or registered under the laws of this state and performing services within the authorized scope of practice;

     (2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States;

     (3) The practice by a person who is a regular student in an educational program approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor.

[1998 c 243 § 5.]

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18.205.060
Authority of secretary.

In addition to any other authority provided by law, the secretary has the authority to:

     (1) Adopt rules under chapter 34.05 RCW necessary to implement this chapter, in consultation with the committee;

     (2) Establish all certification, examination, and renewal fees in accordance with RCW 43.70.250;

     (3) Establish forms and procedures necessary to administer this chapter;

     (4) Issue certificates to applicants who have met the education, training, and examination requirements for certification and to deny certification to applicants who do not meet the minimum qualifications, except that proceedings concerning the denial of certification based upon unprofessional conduct or impairment shall be governed by the uniform disciplinary act, chapter 18.130 RCW;

     (5) Hire clerical, administrative, investigative, and other staff as needed to implement this chapter, and hire individuals certified under this chapter to serve as examiners for any practical examinations;

     (6) Determine minimum education requirements and evaluate and designate those educational programs that will be accepted as proof of eligibility to take a qualifying examination for applicants for certification;

     (7) Prepare, grade, and administer, or determine the nature of, and supervise the grading and administration of, examinations for applicants for certification;

     (8) Determine whether alternative methods of training are equivalent to formal education, and establish forms, procedures, and criteria for evaluation of an applicant's alternative training to determine the applicant's eligibility to take any qualifying examination;

     (9) Determine which states have credentialing requirements equivalent to those of this state, and issue certificates to individuals credentialed in those states without examinations;

     (10) Define and approve any experience requirement for certification;

     (11) Implement and administer a program for consumer education;

     (12) Adopt rules implementing a continuing competency program;

     (13) Maintain the official department record of all applicants and certificated individuals;

     (14) Establish by rule the procedures for an appeal of an examination failure; and

     (15) Establish disclosure requirements.

[1998 c 243 § 6.]

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18.205.070
Official record of proceedings.

The secretary shall keep an official record of all proceedings. A part of the record shall consist of a register of all applicants for certification under this chapter and the results of each application.

[1998 c 243 § 7.]

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18.205.080
Chemical dependency certification advisory committee — Composition — Terms.

(1) The secretary shall appoint a chemical dependency certification advisory committee to further the purposes of this chapter. The committee shall be composed of seven members, one member initially appointed for a term of one year, three for a term of two years, and three for a term of three years. Subsequent appointments shall be for terms of three years. No person may serve as a member of the committee for more than two consecutive terms. Members of the committee shall be residents of this state. The committee shall be composed of four certified chemical dependency professionals; one chemical dependency treatment program director; one physician licensed under chapter 18.71 or 18.57 RCW who is certified in addiction medicine or a licensed or certified mental health practitioner; and one member of the public who has received chemical dependency counseling.

     (2) The secretary may remove any member of the committee for cause as specified by rule. In the case of a vacancy, the secretary shall appoint a person to serve for the remainder of the unexpired term.

     (3) The committee shall meet at the times and places designated by the secretary and shall hold meetings during the year as necessary to provide advice to the director. The committee may elect a chair and a vice chair. A majority of the members currently serving shall constitute a quorum.

     (4) Each member of the committee shall be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060. In addition, members of the committee shall be compensated in accordance with RCW 43.03.240 when engaged in the authorized business of the committee.

     (5) The director of the department of social and health services division of alcohol and substance abuse or the director's designee, shall serve as an ex officio member of the committee.

     (6) The secretary, members of the committee, or individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any certification or disciplinary proceedings or other official acts performed in the course of their duties.

[1998 c 243 § 8.]

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18.205.090
Certification requirements.

(1) The secretary shall issue a certificate to any applicant who demonstrates to the secretary's satisfaction that the following requirements have been met:

     (a) Completion of an educational program approved by the secretary or successful completion of alternate training that meets established criteria;

     (b) Successful completion of an approved examination, based on core competencies of chemical dependency counseling; and

     (c) Successful completion of an experience requirement that establishes fewer hours of experience for applicants with higher levels of relevant education. In meeting any experience requirement established under this subsection, the secretary may not require more than one thousand five hundred hours of experience in chemical dependency counseling for applicants who are licensed under chapter 18.83 RCW or under chapter 18.79 RCW as advanced registered nurse practitioners.

     (2) The secretary shall establish by rule what constitutes adequate proof of meeting the criteria.

     (3) Applicants are subject to the grounds for denial of a certificate or issuance of a conditional certificate under chapter 18.130 RCW.

     (4) Certified chemical dependency professionals shall not be required to be registered under chapter 18.19 RCW or licensed under chapter 18.225 RCW.

[2001 c 251 § 30; 1998 c 243 § 9.]

Notes:

Severability -- 2001 c 251: See RCW 18.225.900.

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18.205.095
Certification requirements — Trainees.

(1) The secretary shall issue a trainee certificate to any applicant who demonstrates to the satisfaction of the secretary that he or she is working toward the education and experience requirements in RCW 18.205.090.

     (2) A trainee certified under this section shall submit to the secretary for approval a declaration, in accordance with rules adopted by the department, that he or she is enrolled in an approved education program and actively pursuing the experience requirements in RCW 18.205.090. This declaration must be updated with the trainee's annual renewal.

     (3) A trainee certified under this section may practice only under the supervision of a certified chemical dependency professional. The first fifty hours of any face-to-face client contact must be under direct observation. All remaining experience must be under supervision in accordance with rules adopted by the department.

     (4) A certified chemical dependency professional trainee provides chemical dependency assessments, counseling, and case management with a state regulated agency and can provide clinical services to patients consistent with his or her education, training, and experience as approved by his or her supervisor.

     (5) A trainee certification may only be renewed four times.

     (6) Applicants are subject to denial of a certificate or issuance of a conditional certificate for the reasons set forth in chapter 18.130 RCW.

[2008 c 135 § 18.]

Notes:

Effective date -- 2008 c 135 §§ 1, 2, 7-9, and 11-19: See note following RCW 18.19.020.

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18.205.100
Educational programs and alternative training — Standards and procedures — Established by rule.

The secretary may establish by rule the standards and procedures for approval of educational programs and alternative training. The secretary may utilize or contract with individuals or organizations having expertise in the profession or in education to assist in the evaluations. The secretary shall establish by rule the standards and procedures for revocation of approval of educational programs. The standards and procedures set shall apply equally to educational programs and training in the United States and in foreign jurisdictions. The secretary may establish a fee for educational program evaluations.

[2000 c 171 § 42; 1998 c 243 § 10.]

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18.205.110
Examination.

(1) The date and location of examinations shall be established by the secretary. Applicants who have been found by the secretary to meet the other requirements for certification shall be scheduled for the next examination following the filing of the application. The secretary shall establish by rule the examination application deadline.

     (2) The secretary or the secretary's designees shall examine each applicant, by means determined most effective, on subjects appropriate to the scope of practice, as applicable. Such examinations shall be limited to the purpose of determining whether the applicant possesses the minimum skill and knowledge necessary to practice competently.

     (3) The examination papers, all grading of the papers, and the grading of any practical work shall be preserved for a period of not less than one year after the secretary has made and published the decisions. All examinations shall be conducted under fair and wholly impartial methods.

     (4) Any applicant failing to make the required grade in the first examination may take up to three subsequent examinations as the applicant desires upon prepaying a fee determined by the secretary under RCW 43.70.250 for each subsequent examination. Upon failing four examinations, the secretary may invalidate the original application and require such remedial education before the person may take future examinations.

     (5) The secretary may approve an examination prepared or administered by a private testing agency or association of licensing agencies for use by an applicant in meeting the certification requirements.

[1998 c 243 § 11.]

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18.205.120
Application for certification — Fee.

Applications for certification shall be submitted on forms provided by the secretary. The secretary may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria for certification provided for in this chapter and chapter 18.130 RCW. Each applicant shall pay a fee determined by the secretary under RCW 43.70.250. The fee shall accompany the application.

[1998 c 243 § 12.]

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18.205.130
Waiver of examination — Certification of applicants — Intent.

(1) Within two years after July 1, 1999, the secretary shall waive the examination and certify a person who pays a fee and produces a valid chemical dependency counselor certificate of qualification from the department of social and health services.

     (2) Within two years after July 1, 1999, the secretary shall waive the examination and certify applicants who are licensed under chapter 18.83 RCW or under chapter 18.79 RCW as advanced registered nurse practitioners who pay a fee, who document completion of courses substantially equivalent to those required of chemical dependency counselors working in programs approved under chapter 70.96A RCW on July 1, 1999, and who provide evidence of one thousand five hundred hours of experience in chemical dependency counseling.

     (3) It is the intent of the legislature that the credentialing of chemical dependency professionals be established solely by the department.

[1998 c 243 § 13.]

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18.205.140
Applicant credentialed in another state — Certification without examination.

An applicant holding a credential in another state may be certified to practice in this state without examination if the secretary determines that the other state's credentialing standards are substantially equivalent to the standards in this state.

[1998 c 243 § 14.]

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18.205.150
Uniform disciplinary act.

The uniform disciplinary act, chapter 18.130 RCW, shall govern the issuance and denial of certificates, unauthorized practice, and the discipline of persons certified under this chapter. The secretary shall be the disciplining authority under this chapter.

[1998 c 243 § 15.]

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18.205.900
Effective dates — 1998 c 243.

This act takes effect July 1, 1998, except for sections 3, 9, 13, and 14 of this act, which take effect July 1, 1999.

[1998 c 243 § 18.]